In the next coming years, space activities are expected to undergo a radical transformation with the emergence of new satellite systems or new services which will incorporate the contributions of artificial intelligence and machine learning.
Defined as covering a wide range of innovations from autonomous objects with their own decision-making power to increasingly sophisticated services exploiting very large volumes of information from space, we identify some of the legal and ethical challenges linked to its use.
Introduction
The governance of space activities is being confronted with a progressive transformation associated with the emergence of satellite systems and space-based services utilizing AI, which includes ML. The legal challenges emanating from the reliance on and use of AI in space necessitate ascertaining the existence of a linkage between space systems and services using AI to a system of governing rules and guiding legal principles.
The nature of the space and satellite industry presents a quintessential use case for AI. Essentially, virtually all space activities and ventures constitute fertile ground ripe for employing AI. Indeed, AI is ripe for use in Earth orbit activities like active debris removal (“ADR”), near-Earth ventures such as abiotic resource extraction, and deep space exploration.
AI Application in Space
Generally, AI applications occur in two principal vectors, which are.
- autonomous robots (or space objects) — whether in the form of an autonomous spacecraft or a satellite constellation, autonomous or intelligent space objects possess the ability to not only collect, analyze, and use data for informational and operation purposes but can also go where no human has gone or could go, collecting probes and data — to autonomous spacecraft and swarm intelligence, assisting space activities.
- analyzing and, if necessary, acting upon space big data, related to debris monitoring, self-preservation based on the potential threat by rogue and unknown natural objects in the space domain as well as perceived threats from another human-manufactured object, predictive analytics of very-high-resolution (VHR) satellite imagery, real-time geospatial data analysis, and an analysis of data products derived from a convergence of a wide spectrum of sources (e.g. satellite, drone).
Contextual Dynamics of Space and Specificities of AI in Space
Space technology, data, and services have become indispensable in the daily lives of Europeans as well as the majority of most global inhabitants. Space-based services and activities also play an essential role in preserving the strategic and national security interests of many States.
The use of AI in space capitalizes from the contextual quadrant called ‘New Space’ which is creating a more complex and challenging environment in the physical, technological, and operational realms. The current contextual dynamics of space and specificities of space amenable to AI are discussed below.
Contextual dynamics of Space
Currently, space is defined as Space 4.0 which refers to this era of proactiveness, and open-mindedness to both technology disruption and opportunity where trends include space big data (e.g., data imagery), and predictive and geospatial analytics applied thereto.
In particular, this era is backed up by AI-based technology, machine learning (ML), and the Internet of Things (IoT). The use of such technologies promotes a digital revolution, unlocking access to space-based benefits that increase the repercussions of space activities on Earth. A growing number of key economic sectors use satellite navigation and EO systems.
Space Economy
Among space actors, the private sector currently accounts for 70% of space activity (UNOOSA, 2018). This percentage will only increase given the emergence of new private actors who seek commercial opportunities in the exploration and exploitation of space and its resources thanks to frontier technologies, such as AI and the data revolution. New actors together with emerging new technologies such as AI develop new global business models driven by demand, such as satellite constellations), tourism, asteroid and lunar mining, in-situ resource utilization (ISRU), 5G, in-orbit servicing (IoS), 3D printing of satellite parts (e.g., solar panels, etc.), and commercial space station. These new business segments are leveraging the space economy. The space economy is expanding enormously, with predictions that it generates revenues of US$ 1.1–2.7 trillion or more by 2040.
Risks of AI in Space
AI in space is igniting a gradual shift from “computer-assisted human choice and human-ratified computer choice” to non-human analysis, decision-making, and implementation of the action.
The emerging deployment and use of intelligent space objects present novel challenges to the current space law regime especially when, not if, the use of such objects causes terrestrial and/or extraterrestrial injury by an AI system or service such as a violation of privacy rights, violation of data protections requirement, or injury resulting from a collision involving a space object. The space law treaty regime consists of the foundational Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (“Outer Space Treaty”) and its progeny treaties.
The OST embeds the cornerstone principles for the current international space law jurisprudence. Liability issues associated with AI risks concern an analysis of the Outer Space Treaty and the Liability Convention.
AI Techniques to Support Space Law
The triad of “law, space, and AI” is an instance of the triad of “law, science, and technology”. The intersection of these latter three is quite extensive. There are several open questions and developments in AI reflecting on law and legal compliance. Those reflecting the legal questions raised in this chapter so far are, of course, relevant to be considered.
For instance, the developments of machine learning or the real-time analysis in big data, in general, are approaches that might facilitate GDPR compliance and are relevant in space applications too. Also, the big question of liability related to automated decision-making or machine learning algorithms, or the possible accountability of autonomous agents is the open question of law.
This means, for now, answering the question entails reliance on State law and general principles of international law, when space law is inapplicable or uncertain. Space is an area where the future answer is of great significance because of the increasing reliance on AI in connection with space activities. Autonomous space agents will need to reason about legal obligations under the applicable law in formulating decisions.
Written by Syed Sumam Zaidi and Hamza Anwer
