Cyber Security & Outer Space International Conference on Cyberlaw, Cybercrime & Cybersecurity Cyber Security & Outer Space Elina Morozova Editorial Committee, Expert, MILAMOS Project Head of Int’l & Legal Service, Intersputnik IGO 14-16 November 2018, New Delhi, India

What is Outer Space for us Today? Sputnik 1, 1957 - the world’s first satellite, the birth of the space age What is Outer Space for us Today?

A Multitude of Space Applications – An Integral Part of Modern Life

Ever-growing reliance on outer space by States, international organizations, private companies, and individuals Reliance on outer space by States includes its military uses Growing vulnerability

Main Trends Continuous development of new technologies Increasing number of spacefaring States and other space actors, including private actors Rising concerns with regard to militarisation and weaponization in outer space

Conventional Weapons or Cyber Attacks?

Three Groups of Weak Points Satellites Ground stations End-users

Range of Threats Access to data Interference with signals Physical control

Common Cyber Attacks Jamming Spoofing Hacking Hijacking Robbing TT&C

Consequences: in Outer Space and on Earth Space-reliant Civilian applications Critical infrastructure Military capabilities A way out?

Full Protection is Not Feasible Communications with outer space through the radiofrequency spectrum Radiofrequency spectrum is the fundamental building block of cyberspace

Space Activities Cyber Activities A generic notion which includes exploration and use of outer space, as well as activities on Earth Cyber activities in, from, or through outer space, or with effect in outer space, can be encompassed by the notion of ‘space activities’ Cyber Activities

Legal Framework Space activities are to be carried in accordance with international law, including the Charter of the United Nations International space law is lex specialis which prevails over the other rules of international law applicable to space-related cyber activities

International Space Law The five United Nations treaties on outer space Outer Space Treaty, 1967 Rescue Agreement, 1968 Liability Convention, 1972 Registration Convention, 1975 Moon Agreement, 1979

military ≠ non-peaceful Peaceful Purposes The core principle of international space law Under discussion since the beginning of the space age military ≠ non-peaceful

Moon and other celestial bodies Shall be used exclusively for peaceful purposes No military activities, including military cyber activities, no offensive cyber operations Non-military peaceful cyber activities are permitted

Example to Follow “Cyber capabilities applied to aviation should be used exclusively for peaceful purposes and only for the benefit of improving safety, efficiency and security” (Declaration on Cybersecurity in Civil Aviation Dubai, United Arab Emirates, 2017)

Cooperation & Mutual Assistance In the exploration and use of outer space States shall be guided by the principle of cooperation and mutual assistance

Due Regard States shall conduct all their activities in outer space with due regard to the corresponding interests of other States

Jurisdiction and Control A State on whose registry an object launched into outer space is carried retains jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body

Authorization and Continuing Supervision The activities of non- governmental entities in outer space shall require authorization and continuing supervision by the appropriate State

for National Space Activities Responsibility for National Space Activities States bear international responsibility for national activities in outer space and for assuring that they are carried out in conformity with the Outer Space Treaty

Responsibility for National Space Activities State A State B State D State C Launching State, State of Registry

Liability for Damage Caused by a Space Object Fault-based liability State A State B State D State C Launching State, State of Registry Absolute liability

April 2018, Report of the Legal Subcommittee, COPUOS ‘Some delegations expressed the view that … the issue of cybersecurity and constant scientific and technological advances were creating conditions that had not been foreseen when the space treaties were negotiated’

What is the MILAMOS Project? All these and other complicated issues are discussed in MILAMOS What is the MILAMOS Project?

Mission To develop a manual clarifying the existing international law applicable to military uses of outer space, which encompass space-related military cyber activities, in time of peace, including the times of rising tensions, and, if appropriate, in times of armed conflict

What is a Manual? A collectively agreed text produced by an international group of experts, acting in their personal capacity, with inputs from States and other contributors Contains rules accompanied by commentaries, developed on the basis of lex lata A neutral, objective, and accurate statement of the applicable law

Support and Involvement Strong interest in participation by some world’s leading technical and legal experts Recognition and support from the Government of Canada Financial support from the Erin JC Arsenault Fund at McGill University, the Social Sciences and Humanities Research Council of Canada, and ROOM, the Space Journal Endorsed by the Secure World Foundation, the Institute for Defence Studies and Analyses, etc. Involvement of experts from defence forces from several States, including the US, Germany, and France

Experts and Contributors Beijing Institute of Technology, China Canadian Armed Forces, Canada Cologne Institute of Air and Space Law, Germany Federal Ministry of Defense, Germany French Joint Space Command, France German Armed Forces, Germany Harvard-Smithsonian Center for Astrophysics, USA Institute for Defence Studies and Analyses, India Keio University, Japan Interdisciplinary Cyber Research Center, Tel Aviv University, Israel Intersputnik IGO, headquartered in Russia Secure World Foundation, USA St. Petersburg State University, Russia St. Thomas University, USA Universidade Católica de Santos, Brasil United States Air Force, USA University of Newcastle, Australia Western Sydney University, Australia Wuhang University, China

How does the MILAMOS Project work?

Rules Under Discussion Military Space Activities Peaceful Purposes Weaponization Electromagnetic Spectrum Harmful Interference Ground Infrastructure Non-State Actors Jamming & Spoofing Navigation Warfare …

Innovative way to break the space security deadlock Involve rule-drafting experts from all disciplines and all parts of the world, as well as advisors and external consultants Appeal to common interests and united by common concerns Introduce initiatives that are non-State-centric and break away from geopolitical interests Reach agreement at workshops through consensus

Progress May 2016, Inaugural Plenary – – Montreal, Canada February 2017, Workshop I – – Adelaide, Australia June 2017, Workshop II – – New Delhi, India October 2017, Workshop III – – Colorado Springs, USA July 2018, Workshop IV – – Montreal, Canada October-November 2018, Workshop V – – Beijing, China February-March 2019, Workshop VI – – Cologne, Germany … finalizing the Manual by the end of 2019

The MILAMOS Manual A contribution to a future where space activities are conducted in accordance with the international rules-based global order, without disrupting, and preferably contributing to, the sustainable use of outer space for the benefit of present and future generations of all humanity

For information mcgill.ca/milamos/ @MILAMOSProject @MilamosProject Prof. Ram Jakhu Director: MILAMOS Project Former Director: Institute of Air and Space Law Professor, Faculty of Law McGill University, Montreal, Canada ram.jakhu@mcgill.ca