In 2002, after the 9/11 attacks, the private sector was reluctant to develop security products and services in civilian settings due to the enormous liability risks involved. In response, Congress enacted the Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act to encourage the development and deployment of new and innovative anti-terrorism products and services. The SAFETY Act created liability limitations for claims arising out of, relating to, or resulting from an act of terrorism. The Act applies to a broad range of products and services, including technology products, software and other forms of anti-terrorism security measures.
Since the SAFETY Act also provides liability protections for companies deploying SAFETY Act Certified/Designated products, the Department of Homeland Security (DHS) has listed an extensive list of approved technologies. You can find the list here. At Hays Companies we recommend any company that could reasonably foresee being exposed to a terrorist act or threat to highly consider purchasing approved SAFETY Act technologies to be used as a strong defense if you are attacked in a way that technology was designed to prevent.
We also want our clients to consider if they are producing or consulting on products/services that could be used in an anti-terrorism capacity, that becoming Certified or Designated by the Department of Homeland Security could significantly lessen their potential liability.
To understand the criteria for designation or certification please refer to this SAFETY Act Fact Sheet and the SAFETY Act website. As of May 2013, DHS has made 600 approvals for products, technologies and services supporting more than 151,000 private sector jobs in small and large businesses.
To learn more about the SAFETY Act and how to apply for protections, visit www.safetyact.gov. Hays Companies, Cyber Liability Practice Leader, Dave Wasson (firstname.lastname@example.org) is also available for consultations.