The growth of the commercial remote sensing industry using satellites like Planet’s Pelican (above) raises a range of legal issues. (credit: Planet)

Remote sensing and the international law of space

by Richard M. Carson
Monday, February 24, 2025

Remote sensing has become an integral component of global observation, spanning scientific, commercial, and security applications. From high-resolution imagery to AI-powered geospatial intelligence, the capabilities of modern remote sensing satellites have introduced profound legal and policy questions. As space continues to evolve into a domain of economic and strategic importance, policymakers must address the challenges posed by an increasingly privatized and technologically advanced remote sensing industry.[1]

The commercialization of remote sensing

Remote sensing, once dominated by government-led scientific initiatives, has expanded into a competitive commercial industry. While government programs such as Landsat, Sentinel, and NOAA weather satellites continue to provide essential data for agriculture, disaster response, and environmental monitoring, private firms now control much of the world's high-resolution Earth observation capabilities. Companies such as Maxar, Planet, and Airbus provide detailed, frequently updated satellite imagery, available for commercial purchase.[2]

This accessibility has enhanced global monitoring capabilities but has also introduced concerns regarding privacy, security, and equitable access to geospatial intelligence. Unlike government programs, commercial satellite operators produce proprietary data, creating a market-driven model of information access.[3]

Legal uncertainty and international policy challenges

The legal framework governing remote sensing remains largely based on the Outer Space Treaty (1967)[4] and the UN Principles on Remote Sensing (1986).[5] While these agreements set general guidelines, they do not explicitly regulate private satellite operators or define specific governance structures for commercial remote sensing. Some of the key legal questions include:

• Sovereignty and data access: The principle of non-appropriation under the Outer Space Treaty prohibits any nation from claiming sovereignty over celestial bodies. However, the application of this principle to remote sensing data remains ambiguous.[6]
• Regulation of commercial operators: The Liability Convention (1972)[7] establishes that nations bear responsibility for their space activities, including those conducted by private entities. However, there is no clear mechanism for regulating commercial satellite operators across national jurisdictions. The lack of an international licensing framework raises concerns about data monopolization and access inequality.[8]
• The role of the UN and COPUOS: The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) has debated remote sensing governance for decades, but no binding treaty has emerged.[9]

Legal disputes in remote sensing

India and Google Earth concerns: The Indian government raised national security concerns regarding high-resolution imagery of sensitive military sites available through commercial providers.[10]

China’s Earth Observation restrictions: China has implemented strict laws limiting the export of high-resolution satellite imagery, asserting that such data is a strategic resource.[11]

The European Space Agency’s Copernicus program: The EU’s approach to open data policies under Copernicus has served as a model for balancing commercial interests and public access.[12]

The national security dimension

Governments worldwide increasingly rely on commercial remote sensing for national security and defense planning. High-resolution satellite imagery is used for monitoring infrastructure, tracking supply chains, and assessing global conflict zones. However, access to such data is not uniformly regulated. The United States imposes licensing restrictions on the highest-resolution imagery for certain regions,[13] while nations such as China and Russia have sought to centralize remote sensing capabilities within state-controlled entities.[14]

As geopolitical tensions rise, the role of remote sensing in military and intelligence operations continues to grow. The absence of clear international regulations governing commercial satellite imagery has led to concerns about its potential misuse. The Wassenaar Arrangement[15] and other export control agreements impose restrictions on sensitive satellite technologies, but enforcement remains inconsistent across jurisdictions.

AI-powered remote sensing and data privacy

Artificial intelligence is transforming the way remote sensing data is analyzed and utilized. AI-driven systems can process vast amounts of imagery in real time, detecting changes in land use, monitoring economic activity, and predicting geopolitical developments. While these capabilities offer immense benefits, they also introduce new risks:[16]

• Mass surveillance: AI-enhanced remote sensing can monitor construction projects, infrastructure, and even individual activities, raising concerns about privacy rights.[17]
• Predictive intelligence: The ability of AI to forecast economic shifts, detect illicit activity, and monitor global supply chains presents regulatory challenges regarding data ownership and ethical use.[18]
• Data security risks: As AI continues to automate the analysis of geospatial data, questions arise about control, access, and the potential manipulation of intelligence outputs.[19]

Ensuring business certainty and investment protection

To promote investment confidence and remove uncertainty for private businesses, a stable and predictable international regulatory framework should include:

• Clear data access guidelines: Standardized, transparent policies that allow commercial satellite operators to securely manage and distribute their data without abrupt regulatory changes.[20]
• Investment protection agreements: Legal commitments among spacefaring nations to safeguard private-sector investments in remote sensing technology, ensuring continuity of operations.[21]
• Expedited licensing and approvals: Streamlined international processes for satellite launch and operation approvals to reduce delays and unnecessary compliance costs.[22]
• Liability shields for compliance: Protection mechanisms for companies that follow established international regulations, reducing legal risks associated with unforeseen policy shifts.[23]
• Public-private oartnerships: Encouraging collaboration between governments and the private sector to develop mutually beneficial regulations while fostering innovation in satellite imaging technology.[24]

Conclusion

As the commercialization and technological sophistication of remote sensing advance, the absence of a comprehensive legal framework presents challenges but also opportunities. Governments must work to provide regulatory certainty that allows businesses to invest with confidence, innovate freely, and expand market opportunities without fear of sudden legal obstacles.[25]

A well-structured regulatory environment will not only protect national security and privacy interests but also unlock economic opportunities, encourage investment, and ensure that space-based remote sensing remains a thriving, investor-friendly industry. By eliminating regulatory uncertainty and reducing bureaucratic barriers, policymakers can support the continued expansion of private-sector space activities while maintaining responsible oversight of this critical technology sector.[26]

References

1. United Nations. Outer Space Treaty (1967).
2. European Space Agency. Copernicus Open Data Policy.
3. Wassenaar Arrangement. Export Control Rules for Satellite Technology (2021).
4. United Nations Office for Outer Space Affairs (UNOOSA). COPUOS Proceedings.
5. United Nations. Principles Relating to Remote Sensing of the Earth from Space (1986).
6. China Ministry of Industry and Information Technology. Regulations on Satellite Data Export.
7. US Department of Commerce. Commercial Remote Sensing Regulations (2020).
8. General Data Protection Regulation (GDPR), Regulation (EU) 2016/679.
9. India’s National Security Concerns with Google Earth. Government Policy Report (2010s).
10. Wassenaar Arrangement, Guidelines on Export Controls for Dual-Use Goods and Technologies (2021).
11. National Development and Reform Commission (NDRC), China. Recent Satellite Data Export Controls.
12. European Space Agency. Copernicus Data Access Policy Updates (2023).
13. US National Geospatial-Intelligence Agency (NGA). Satellite Imagery Access Restrictions.
14. Russian Federal Space Agency (Roscosmos). Remote Sensing Data Management Policies.
15. Wassenaar Arrangement. Export Controls for Space-Based Remote Sensing Technologies (2021).
16. European Union Agency for Cybersecurity (ENISA). AI and Remote Sensing Data Security.
17. Privacy International. Mass Surveillance and Satellite Imaging Concerns.
18. United Nations Institute for Disarmament Research (UNIDIR). AI-Powered Geospatial Intelligence Risks.
19. US Department of Homeland Security. Cybersecurity Threats in AI-Powered Remote Sensing.
20. International Telecommunications Union (ITU). Global Satellite Data Access Regulations.
21. World Trade Organization (WTO). Space Industry Investment Protections.
22. Federal Aviation Administration (FAA). Expedited Licensing for Satellite Launch Approvals.
23. United Nations Office for Outer Space Affairs (UNOOSA). Liability Protection for Commercial Space Operators.
24. National Aeronautics and Space Administration (NASA). Public-Private Partnerships in Remote Sensing Technology.
25. Organisation for Economic Co-operation and Development (OECD). Space Industry Economic Growth and Regulatory Stability.
26. United Nations Conference on Trade and Development (UNCTAD). Regulatory Frameworks and Investment in Emerging Space Markets.

Richard Carson is an attorney who has researched and provided guidance regarding space law since he began practicing law in 1991. After a career in several industries, he now has a boutique practice advising select clients whom are developing emerging technology, including AI-driven 3D image enhancement.

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