Malware Will Not Disappear in Space

Can someone use a satellite to put malware onto people's phones?

Please note Ringo M.K. Bosley, Esq. uses AI only as a tool in assisting with research and marketing, and all posts and images on Legally Absurd are written and created by a living-breathing-person.

Hello folks,

I recently had a conversation with a good friend who was asking me a silly little legal question that got into a very in-depth scenario for jurisdiction. They asked:

If someone used a satellite to put malware onto people’s phones, would they be prosecuted?

This followed with me grilling them on this scenario to determine jurisdiction: Do they own the satellite? What country did they launch the satellite into space from? Did they register the satellite in their jurisdiction?

Then they proceeded to ask, well…What if they launched the satellite from international waters to avoid being detected? This then turned into a long drawn out silly scenario of whether a fictitious person could go out to sea with the pirates to craft a satellite, upload malware onto it, and then find some way to launch it from international waters, as to avoid any countries laws on the matter.

SO, with that legally absurd scenario aside, I come here to answer the original question posed…

What Is International Satellite Law?

I often joke that international law is “not real” because of how it functions. It’s composed of treaties/laws between nations and ultimately does not have a way to enforce it like within a country. This leads to arbitration as more often used to uphold international laws. Arbitration is when a type of mediator decides the fate of a case instead of a judge. Ultimately, international law does exist and it might be where we need to turn to answer this question.

1. International treaties on jurisdiction:

In 1967, the United Nations enacted the “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies” which is just a longwinded way to say the “Outer Space Treaty”. It specifies that each Nation is liable for any actions related to space that occurs from their Nation, no matter who committed the act.¹

States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.

What we have learned from this Treaty is that now we MUST know where this fictitious character either launched the satellite from OR from where they placed the malware onto the satellite. For purposes of this post, I will be assuming that the person did this activity from somewhere in the United States…

Disclaimer: The information provided in this publication post is for general informational purposes only and does not constitute legal advice. This content is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should consult with a qualified attorney in your jurisdiction regarding any specific legal issue or concern.

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