New Space technologies, Earth observation and satellite navigation in particular, have proven to be invaluable drivers of sustainable development, thus contributing to the protection of several human rights (the Good).
At the same time, however, New Space technologies raise concerns for the right to privacy (the Bad), and face a number of challenges posed by hostile cyber operations (the Ugly).
Dr. Arianna Vettorel analyzes the relevant international, European and domestic legal frameworks and highlights the need for several innovative approaches and reforms, in a transnational and bottom-up perspective, in order to maximize the Good, and minimize the Bad and the Ugly, of New Space technologies.
Preface and Acknowledgments
Abbreviations
Table of Cases
Table of International Universal Treaties and UN Resolutions
Table of International Regional Treaties and Legislation
Table of Domestic Legislations
Introduction
Part 1
The Good: the Role of New Space Earth Observation and Satellite Navigation
Activities for Security and Sustainability
1From Outer Space to New Spaces Benefits for Humankind
1Outer Space, Global Commons and Common Heritage of All Humankind:
Preliminary Remarks
1.1Global Commons: an Overview
1.2The Common Heritage of Humankind: an Overview
1.3The Traditional Governance of Outer Space: a Global Commons or a Common
Heritage of All Humankind?
2The Emergence of New Space
2.1From State to Private Sector Space Activities
2.2The Example of the Italian Space Industry
3New Space Activities: the Good, and Related Concerns
3.1General Considerations
3.2New Space Earth Observation and Satellite Navigation Possibilities
(Security and Sustainability) and Related Concerns
4Final Remarks
2Earth Observation, Satellite Navigation and Human Rights: the EU and
Italian Contributions to the UN Agenda 2030
1Earth Observation and Satellite Navigation: a Preliminary Overview
1.1Remote Sensing and Earth Observation Satellites
1.2Satellite Navigation Systems
2The Impact of Earth Observation and Satellite Navigation Activities on the
UN Agenda 2030 and on Human Rights
3The Contribution of the European Union and of the European Space Agency
Space Activities to the Sustainable Development Goals
3.1EU Eyes on Earth: the EU Copernicus Program
3.2The EU Satellite Navigation Program: Galileo
3.3EU Eyes on Outer Space: the EU Surveillance Program
4The Contribution of the Italian Space Industry to the Sustainable
Development Goals
5Final Remarks
Part 2
The Bad: Potential Threats to Privacy from New Space Earth Observation and
Satellite Navigation Activities
3Earth Observation, Satellite Navigation and Privacy: the International,
European and Italian Legal Framework
1Monitoring and Threats to Privacy
2Privacy and Space Law: the 1986 United Nations Principles Relating to
Remote Sensing of the Earth from Outer Space
3Privacy as a Universally-Recognised Human Right
3.1The Universal Declaration of Human Rights, the UN Covenant on Civil and
Political Rights, and the UN Privacy Discourse: Overview
3.2Potential Application of the Universal Declaration of Human Rights, the
UN Covenant on Civil and Political Rights, and the UN Privacy Discourse to
Outer Space Activities
3.3Legal (Lack) of Effectiveness of the Universal Declaration of Human
Rights, the UN Covenant on Civil and Political Rights, and the UN Privacy
Discourse
4Privacy Protection in Regional Legal Systems: the Case of Europe
4.1The Human Right to Privacy and the Protection of Personal Data
4.2Privacy Protection within the Council of Europe
4.3The Protection of Privacy in the European Union
5Privacy and Personal Data Protection in Italy
6Final Remarks
4The Use of Satellite Data in International and European Regional Courts:
the Case-Law of the European Court of Human Rights and the European Court of
Justice
1Judicial Balancing of Security and Privacy: the Case of Satellite Data in
Judicial Proceedings
2The Use of Earth Observation Images as Evidence in International Courts:
the International Court of Justice, the International Criminal Tribunal for
the Former Yugoslavia, and the International Criminal Court
3The Use of Earth Observation Images as Evidence in European Regional
Courts
3.1The European Court of Human Rights
3.2The European Court of Justice
4The Use of Satellite Navigation Data as Evidence in International Judicial
Proceedings
5The Use of Satellite Navigation Data as Evidence before the European Court
of Human Rights and the European Court of Justice: Privacy Issues and the
Critical Role Played by the Proportionality Test
5.1The Proportionality Test: Overview
5.2The Legal Framework of Proportionality within the European Convention on
Human Rights
5.3The Legal Framework of Proportionality within the European Union
6The Admissibility of Satellite Navigation Data as Evidence in Proceedings
before the European Court of Human Rights
6.1Targeted Surveillance and Satellite Location Data
6.2Bulk Surveillance: the Relevance of Geo-Location on Privacy
7The Admissibility of Satellite Navigation Data as Evidence in Proceedings
before the European Court of Justice
7.1Targeted Surveillance and Satellite Location Data
7.2Bulk Surveillances: the Relevance of Geo-Location on Privacy
8Final Remarks
5The Use of Satellite Data in Italian Courts
1Preliminary Overview on Evidence in Italian Judicial Proceedings
2Earth Observation Images as Evidence in Judicial Proceedings and Privacy
2.1The Use of Earth Observation Images in Judicial Proceedings
2.2Privacy Concerns Related to Earth Observation Images in Investigation
Activities
3Satellite Navigation Data as Evidence in Criminal Proceedings
3.1Satellite Navigation Tracker Devices
3.2Satellite Location Data Captured by Interceptions of Telematic
Communications
3.3Remote Searching of Computer Systems
3.4Access to Communication Data Stored by Telecommunication Providers
3.5Possible Different Classifications of Satellite Geo-Tracking and Their
Related Impact on the Need for Prior Authorisation as a Privacy Guarantee
4Satellite Navigation Data as Evidence in Civil Judicial Proceedings:
Labour Disputes
4.1The Legal Framework: Privacy Guarantees Provided in Article 4 of the
Italian Labour Act
4.2The Non-application of Privacy Guarantees Enshrined in Article 4 of the
Italian Labour Act in Relation to the Monitoring of Potential Employee
Torts
4.3The Rise of the Privacy Discourse in Satellite Monitoring of Potential
Employee Torts
5Final Remarks
Part 3
The Ugly: Hostile Cyber Operations in New Space and Their Impact on Public
Interests and Human Rights
6Cyber Operations in New Space: Responsibility and Liability Issues
1Cyber Operations towards New Space-Related Activities: Preliminary
Remarks
1.1Cyber Operations: Definitional Issues
1.2The Impact of Cyber Operations on New Space-Related Activities,
Particularly on Earth Observation and Satellite Navigation
2Responsibility and Liability Issues in New Space
2.1The Concepts of Responsibility and Liability: Overview
2.2The Law Applicable to Responsibility and Liability in an International
and Transnational Perspective
3Definitional Issues in the New Space Era
4State International Responsibility and Liability for Cyber Operations
towards New Space Facilities and Activities Prior to the (Attempted) Launch
of Space Objects
4.1General International Law Provisions: Overview
4.2On-Earth Cyber Operations before the (Attempted) Launch and Issues
Related to the Application of General International Law Rules on State
Responsibility
4.3Cyber Operations and the Emerging Approaches of the European Union and
Italy
5State Responsibility for Cyber Operations Perpetrated in Outer Space, and
Liability for Damages Caused by Cyber Operations after the (Attempted) Launch
of Space Objects
5.1The Outer Space Treaty and the Liability Convention: Overview
5.2Interpretative Issues and Concerns Related to the Regulation of
Responsibility and Liability for Cyber Operations in Outer Space or after the
(Attempted) Launch of a Space Object
5.3National Implementation: the (Bad) Example of Italy
6Responsibility of International Organisations for New Space Cyber
Operations
7Responsibility and Liability of Individuals and Private Entities for New
Space Cyber Operations
7.1Individual Criminal Responsibility for New Space Cyber Operations
Occurring on Earth or in Outer Space before or after the Attempt to Launch a
Space Object
7.2Private Civil Obligations to Compensate Damages Deriving from New Space
Cyber Operations before the Attempt to Launch a Space Object
8The Need for Specific Cybersecurity International Provisions Applicable to
New Space Activities: the Missed Opportunity of the Tallinn Manuals
9Final Remarks
7Cybersecurity in New Space: Soft Law and Transnational Private
Regulation
1(Lack of a Universal) Cybersecurity Definition
2(Lack of a Universal) Cybersecurity Regulation
3International Soft Law Initiatives and Cybersecurity
3.1Soft Law: Definition and Debated Issues
3.2International Soft Law Initiatives to Enhance Cybersecurity
4Transnational Private Regulation and Cybersecurity
4.1Transnational Private Regulation: Definition and Debated Issues
4.2Examples of Transnational Private Initiatives to Enhance
Cybersecurity
5Cybersecurity in New Space
6Final Remarks
Conclusions
1The Good: Outer Space and New Space Relevance for Security, Sustainable
Development and Human Rights: the Case of Earth Observation and Satellite
Navigation Technologies
1.1The Contribution to the UN Agenda 2030
1.2Outer Space and New Space Relevance for Security, Sustainability and
Human Rights: Effects in Terms of Legal Qualification and Governance
2The Bad: the Human Right to Privacy under Threat
2.1New Space Privacy Risks and the International Universal Legal Framework:
the Need to Revise the Existing Regulation
2.2The Protection of Privacy by European Regional Systems: the Need to
Implement Hermeneutical Approaches or to Implement Existing Legal Rules
3The Ugly: Hostile Cyber Operations in New Space as a Risk for Privacy and
Public Interests
3.1Issues Related to Post Factum Reactions
3.2The Need for Preventive Actions
4Soft Law and Transnational Private Regulation: a Remaining Necessity for
Hard Law?
Bibliography
Index
Arianna Vettorel, Ph.D., is Lecturer of International and EU Law at Ca' Foscari University of Venice (Italy), where, in 2023, she taught the innovative course "The Law of the New Space Economy". She has published essays in the field of space law as well as in international, EU and human rights law-related matters. Dr. Vettorel is Attorney at Law and has also served as arbitrator in commercial law disputes.
