Space law in the age of AI

@Mark Ollig


The Outer Space Treaty (OST) opened for signatures in Washington, London, and Moscow Jan. 27, 1967.

By the time it took effect Oct. 10, 1967, 61 countries had signed it.

The treaty established fundamental principles for space activity, including the banning of national ownership of outer space and the guarantee of freedom for peaceful exploration.

It also prohibited the placement of nuclear weapons or other weapons of mass destruction (WMD) in Earth orbit, on the Moon, or on other celestial bodies.

Of course, the 1967 Outer Space Treaty does not mention artificial intelligence (AI).

The United Nations Office for Outer Space Affairs (UNOOSA) promotes discussions about safety and responsibility in the use of AI.

UNOOSA also maintains the official status of the five core United Nations (UN) space treaties.

The 1967 OST allows all countries to explore and use space freely, but it does not let any nation claim ownership of celestial bodies.

Its Articles X to XII promote openness by allowing visits to these objects in space and the sharing of information.

However, I noted the 1967 treaty permits military personnel to carry out peaceful scientific activities, and it does not expressly prohibit placing conventional weapons in Earth orbit.

New agreements and updates are helping to address complex problems that modern satellites and spacecraft create for the current 1967 OST.

The Agreement on the Rescue of Astronauts (1968) requires countries to help distressed astronauts and return them safely to Earth.

The Convention on International Liability for Damage Caused by Space Objects (1972) makes the launching state liable for any damage caused by falling space debris on the surface of the Earth or to aircraft in flight.

The Convention on Registration of Objects Launched into Outer Space (1975) requires countries to submit basic details of space objects launched into outer space to the United Nations.

The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (1979) extends OST principles to the Moon and urges an international regime for its resource use.

The treaty strongly emphasizes that countries may not place nuclear weapons or other WMD in Earth orbit.

Military bases, weapons testing, and military maneuvers are not allowed on the Moon or other celestial bodies.

However, military personnel can participate in peaceful scientific activities there.

The Artemis Accords, introduced in 2020, enhance the 1967 Outer Space Treaty by emphasizing transparency, collaboration, and the responsible use of resources in space exploration.

Originally signed by eight countries, the Accords have expanded to 56 countries, including Senegal, which joined July 24 of this year.

In September of this year, UNOOSA issued a policy brief titled “Ensuring Responsible AI in Space and Earth Observation.”

The brief emphasizes that ethical and transparent AI is essential in space.

It requires a clear understanding and monitoring of AI actions, as well as human oversight in major decisions, particularly for deep-space missions. Read it here: https://bit.ly/47909Kf.

Launched Dec. 18, 2019, the European Space Agency’s (ESA) Optical Payload for the Satellite with Amateur Transceiver (OPS-SAT) was an orbiting AI lab about 320 miles above Earth.

Using neural networks installed on the satellite system, it analyzed images directly onboard, while its machine-learning models handled power, temperature, and orientation adjustments instantly.

The mission ended May 22, 2024, when OPS-SAT reentered Earth’s atmosphere and burned up.

NASA managed the Starling 1.5 experiment this year, testing autonomous satellite coordination with SpaceX’s Starlink network.

The experiment showcased AI-assisted space traffic coordination, including automated screening of trajectories and the assignment of maneuver responsibility.

The European Space Agency’s (ESA) PhiSat-1 launched in early September 2020 on a Vega rideshare from Kourou, French Guiana.

It uses onboard AI to filter cloud-covered images and send only clear images to Earth.

The PhiSat-2 satellite was launched Aug. 16, 2024, carrying a multispectral imager and advanced AI capabilities.

Its AI helps sort data quickly so teams can make fast decisions during disasters, find ships, track wildfires, and protect the environment.

PhiSat-2 quickly turns raw images into near-real-time street maps, giving emergency teams and maritime groups instant information about what is happening.

By the end of October 1967, about 1,090 objects had been launched into Earth orbit since Sputnik 1 in 1957.

In 1967, the United States launched 87 spacecraft, according to NASA.

Most launches to that date were by the United States and the Soviet Union; others with satellites included the United Kingdom, Canada, Italy, and France, with France the only one to reach orbit on its own.

As of February 2024, NASA reports that roughly 9,300 satellites are currently orbiting Earth.

NASA also reports that more than 45,000 human-made space objects orbit the planet, including debris and nonoperational satellite hardware.

UNOOSA leads discussions on international space law through the Committee on the Peaceful Uses of Outer Space.

For the latest updates on the status of outer space treaties and new developments, see UNOOSA: https://bit.ly/4nBUOBe.