I527-290 ESRIF Final Report (WEB).indd - European Commission

The Electronic System for Travel Authorization (ESTA) is another means by which we could increase the proactiveness of border
control. It can be seen as a lightweight visa for travellers entering a country with a visa waiver status. The idea of the system
is that airline passengers register with the destination government in advance of their travel. Once screened, passengers are
subject to reduced screening as their records will be kept on fi le for few years. This solution reinforces the level of security for
third country nationals and also facilitates the control of most travel as details can be checked in advance. The EU is planning
to possibly introduce such a system. The US has introduced their ESTA system in January 2009.
8.3.2.4 Diff erentiate various types of traveller at the points of controls
Travellers will be able to cross the border more effi ciently if they are in possession of highly trusted and secure documents and/
or if they complied with pre-registration schemes (like ESTA).
Whenever possible when a passenger arrives at border control carrying the proof of identity the controls should be faster. This
has the advantage of motivating people to comply with all possible security requirements and as a result help the authorities
to focus on the people who represent the highest threats.
8.3.2.5 Coordination required for eff ective implementation of EAC
While there has been some focus on national certifi cation systems, a lot of work still remains on international aspects of
creation, distribution, exchange, update, and revocation of EAC certifi cates.
There is a risk that without any coordination at the European level, the system will not get a chance to develop itself, and real
interoperability shall remain a chimera for a long time. If this happens, fl aws in systems addressing the fi ght against terrorism and
illegal immigration, which should be always based on the MRZ reading and on the single Basic Access Control (BAC), will remain.
Furthermore, industrial partners who have invested for years signifi cant technological and fi nancial eff orts to provide real interoperability
between the Member States in the EAC protocol would not understand if their eff orts were not supported by strong political will.
8.3.3 Importance of uniform legislation
8.3.3.1 Legal discrepancies create weakness points
Legislation in the physical world
Some identity documents are less secure than others. Without very strong cooperation and harmonisation among the
Member States, low security identity documents could be used in some countries when they are refused in others. Such legal
discrepancies could facilitate terrorism activities. No matter how strict the laws are in a given country, if a single Member State
is more permissive then it is the entire security of the Union that is weakened.
Legislation on the Internet
The Internet is growing inexorably all over the world in all directions and in all areas: messaging, e-commerce, electronic data,
fi les, photos and videos, newspapers and forums. To oversee the billions of electronic communications of all kinds, States have
undertaken a legal revolution by signing a large number of international conventions on copyright, trade and the electronic
signature, cybercrime, data protection, patents, etc. However, the Internet continues to remain outside the legal, judicial and
criminal sovereignty of the states.
As stated in a report on data breaches12 , the cyber criminal operates with several distinct advantages:
Higher yield—vulnerable systems hold information on tens of thousands of victims.
Less target resistance—when breached, systems tend not to fi ght back and many do not keep a record of what happened.
Low target sensitivity—it often takes system owners weeks or even months to discover a breach. This allows the criminal to
harvest information over a longer period of time.
Easier escape—when they are detected, it is signifi cantly easier for the cyber criminal to run and disappear.
12 “2008 DATA BREACH INVESTIGATIONS REPORT” – Verizon, 2008
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