Richard L. Kilpatrick, Jr., Vessel Tracking Innovations

Law enforcement initiatives at sea are increasingly dependent on tracking vessel movements. Ship operators engaged in nefarious activities, such as weapons trafficking, piracy, and economic sanctions circumvention, attempt to operate in the shadows. But regulatory authorities and compliance-attuned commercial actors are now carefully keeping watch by analyzing vessel tracking data through new technologies that combine automatic identification system (AIS) transmissions with sophisticated satellite imagery enhanced by artificial intelligence and machine learning. Many of these products are now commercially available for legal compliance purposes, which can be especially helpful in aiding shipping industry participants in evaluating risk. At the same time, such technologies may be embraced by malign actors aiming to target merchant vessels for hostile attacks. This chapter examines these promises and perils of new vessel tracking developments. First, it traces the history of vessel tracking under international legal instruments, including AIS obligations flowing from the Safety of Life at Sea (SOLAS) Convention, as amended. It then explores the ways in which AIS transmissions have been adopted for various maritime law enforcement and compliance purposes. Finally, it highlights recent technological innovations in vessel tracking that create both enhanced transparency and new risks for commercial vessels operating at sea.