CYBERATTACKS ON LUNAR (AND OTHER NON-EARTH ORBITING) SATELLITES: LEGAL ISSUES
The rapid expansion of the cislunar economy brings with it not only opportunities but also significant cyber threats. This paper explores the legal complexities surrounding the protection of non-Earth satellites, specifically lunar satellites, and examines the growing risks posed by cyberattacks. As commercial and governmental reliance on lunar infrastructure grows, so does the potential for cyber threats to disrupt operations. This paper draws parallels to Earth’s satellite security issues to project the challenges lunar satellites will likely face, emphasizing the need for a robust legal framework to address these emerging risks.
Similar to Earth-orbiting satellites, which have become integral to global economies and security, lunar satellites will face various threats. While physical and electronic attacks are of concern, cyberattacks present unique challenges due to their attribution difficulties and the complexity of assessing damages. Given the growing importance of the cislunar space, the security of both commercial and governmental lunar satellites will be critical to national interests, particularly for major spacefaring countries.
Cyberattacks as International Wrongful Acts and Armed Attacks
One of the key discussions in this paper centers on whether cyberattacks on satellites can be classified as international wrongful acts or, depending on their intensity, as armed attacks. These distinctions are crucial because they define the scope of permissible responses under international law. The UN Charter, under Article 2.4, generally prohibits the use of force, yet exceptions exist under Article 51 for self-defense, which allows affected states to take countermeasures when cyberattacks escalate to the level of armed attacks.
This issue is particularly relevant in the context of space activities. The Outer Space Treaty (“OST”) frames the use of space for peaceful purposes but fails to define what “peaceful” entails. Article IV of the OST prohibits specific weapons in space and imposes restrictions on celestial bodies, including the Moon. However, the Treaty does not explicitly address cyberattacks, leaving open questions about how far the protections of “peaceful purposes” extend to digital threats.
Interpreting the Right of Self-Defense in Space
This paper argues that Article IV of the OST should not be interpreted in a way that restricts a state’s right to defend its lunar satellites from cyberattacks. The right to self-defense, as enshrined in customary international law and the UN Charter, must prevail, even if the Treaty’s provisions on “peaceful purposes” are considered. Article IV(1) – restricting the use of certain weapons in lunar orbits – is not a hindrance to responding to cyberattacks. In fact, even if Article IV(2), which in my opinion focuses on the Moon’s surface, were interpreted to apply to satellite orbits, the right of self-defense would still take precedence whenever restrictions on defense would undermine a state’s ability to protect its assets.
Conclusion
As lunar activities continue to grow, so too will the challenges in securing the satellites that support those activities. The protection of these assets is vital not only for national security but also for the long-term sustainability of the cislunar economy. Cyberattacks on satellites present unique legal and technical challenges, particularly in the context of international space law. This paper concludes that while the OST provides a framework for the peaceful use of space, it should not hinder states’ rights to self-defense, especially in response to cyber threats targeting lunar satellites.
Read more here:
Francesca Giannoni-Crystal, Cyberattacks on Lunar Satellites (and Other Non-Earth Orbiting Satellites) – Legal Issues, 57 Creighton L. Rev., 663 (2024), https://cdr.creighton.edu/server/api/core/bitstreams/d76937d0-dbc0-432e-b738-c4ae1c509e14/content.
