Cyberattacks on Lunar (and Other Non-Earth Orbiting) Satellites: Legal Issues.
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Authors
Giannoni-Crystal, Francesca
Issue Date
2024-07
Type
Journal Article
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Abstract
This paper delves into the legal complexities surrounding the protection of non-Earth satellites, specifically lunar satellites within the expanding cislunar space, and focuses on the emerging cyberthreats confronting these satellites within the burgeoning lunar economy, drawing parallels with Earth’s satellite security to anticipate future challenges. Highlighting the intricate nature of cyber threats and their impact on both governmental and commercial satellites, this paper examines cyberattacks as potential international wrongful acts and armed attacks. This paper evaluates the right of affected states to self-defense and scrutinizes Article IV of the Outer Space Treaty (“OST”), alongside other pertinent treaties’ provisions. This paper concludes that Article IV of the OST should not be interpreted as to impede the right of self-defense for lunar satellites, and claims that the inherent right of self-defense overrides the OST’s restrictions, allowing for protection for lunar satellite assets.
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Creighton University School of Law