In response to the terrorism events of September 11th, Congress enacted the Support Anti-Terrorism by Fostering Effective Technologies Act in 2002. As part of the Homeland Security Act, the SAFETY Act promotes the development of anti-terrorism technologies by minimizing the hesitancy of companies to produce these technologies. Multi-billion dollar lawsuits filed after the terrorist attacks in 2001 left companies hesitant to produce new security technologies for fear that the product would fail to stop terrorists. Through a system of risk and litigation, the SAFETY Act encourages the research and development of anti-terrorism products, technologies, and procedures by limiting the possibility of liability suits. The SAFETY Act comes in to effect when a claim is made against a certified anti-terrorism technology after a terrorist event occurs.

The SAFETY Act Liability Protection can apply to:
• Products
• Services
• Procedures
• Software and other forms of intellectual property
• Any combination of products, services and software

The SAFETY Act provides two levels of liability protection: Designation and Certification. Designation by the DHS is granted after the technology meets certain criteria. Some questions that the DHS may ask of the technology include:
• Is the product or service an anti-terrorism technology?
• Is it available, useful, and effective?
• What benefit does it provide to the public?
• What potential liability risk does it possess?
• Does it need SAFETY Act protections to be deployed or further deployed?

Some benefits of SAFETY Act Designation include:
• Liability is capped at the insurance requirement set by the Department of Homeland Security
• Sellers are not liable for punitive damages, prejudgment interest, or non-economic damages caused by others
• All claims are heard in a Federal court
• Users of Designated technologies/services are immune from suit for failures allegedly due to those technologies/services
• Special coverage is available for promising technologies during Developmental Testing and Evaluation

Certification means that the anti-terrorism technology designated has been reviewed comprehensively by DHS and it has been found that the technology “will perform as intended, conforms to the Seller’s specifications, and is safe for use as intended.” Certification is the highest level of liability protection available under the SAFETY Act. It provides significant liability protections and effectively shields the brand, subcontractors, vendors and suppliers from liability for legal claims resulting from acts of terrorism.

Some benefits of SAFETY Act Certification include:
• Seller is entitled to assert the Government Contractor Defense (immunity from suit). Users are also immune from the suit.
• Placement on the “Approved Product List for Homeland Security”
• “Certificate of Conformance” is issue to the Seller

Currently, some protected technologies under the SAFETY act include:
• G&T Conveyor Company’s baggage handling systems
• The National Football League’s security system
• Boeing Corporation’s plane modifications
• IBM’s identity verification systems

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