3 rd Manfred Lachs International Conference on NewSpace Commercialization and the Law 16 – 17 March 2015, Montreal, Canada Dr. Tare Brisibe A Decade of Convergence and Technology Acceleration in Non-safety Aeronautical Mobile-Satellite Communications

Technology © IEEE

Prospects Addressable aviation connectivity market Source: Prospects for In-Flight Entertainment and Connectivity, Euroconsult 2014

Applicable Laws States are responsible for authorization, certification or provision of services in the airspace for which they are accountable having complete and exclusive sovereignty in their territory and the airspace above it. National legal systems of States ▫law of the State where the aircraft is certified and registered; ▫law of the State being flown over; ▫law of the State where ground facilities may have been established; and ▫national copyright laws. International legal framework ▫law of outer space; ▫law applicable to the airspace of the oceans and polar regions; ▫international air law; ▫international telecommunications law; ▫international trade law aspects of international economic law; and ▫international protection of copyrights and programme content.

Copyrights and programme content protection Principal Instruments ▫Berne Convention for the Protection of Literary and Artistic Works (1928); ▫WIPO Copyright Treaty (1996) entered into force Other Instruments ▫Paris Convention for the Protection of Industrial Property (1947); ▫Agreement on Trade-Related Aspects of Intellectual Property Rights (1994); ▫Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, (1961); ▫Patent Cooperation Treaty (1970); ▫Patent Law Treaty (2000); ▫Convention Establishing the World Intellectual Property Organization (1967)

Jurisdictional Competence and Lawful Interception of Communications FranceU.S.A Condition 11 of Annex to EU Directive 2002/20/EC (on the authorization of electronic communications networks and services); Article L33-1 (e) of the French Code des postes et des communications électroniques, implements the EU Electronic Communications Directive; Basis for extra-territorial jurisdiction of France with respect to criminal matters is stated in the Penal Code; French criminal law applicable to offences committed on board aircraft registered in France, or committed against such aircraft, wherever they may be. the French government may exercise its extra- territorial jurisdiction in criminal matters with due regard to the territorial and nationality principles. Serious offenses aboard a foreign vessel or aircraft “in the commerce of the United States” may be within the jurisdiction of the United States as a special application of the effects principle; Criminal jurisdiction is asserted by the United States under 18 U.S.C. S.7 and 49 U.S.C. S. (1301) (38) and S (i); Such jurisdiction could reach offenses that do not involve acts in United States territory or airspace, acts by United States nationals, or acts aboard a United States registered vessel or aircraft; Section 402 (1) (c) provides … “a State has jurisdiction to prescribe law with respect to…conduct outside its territory that has or is intended to have substantial effect within its territory”. Restatement (Third) of the Foreign Relations Law of the United States (1987).

Towards Harmonisation Maritime Mobile-Satellite Services ▫International Agreement on the Use of Inmarsat Ship Earth Stations within the Territorial Sea and Ports (1985) entered into force 1993 Land Mobile-Satellite Services ▫GMPCS MoU and Arrangements (1997) [Aeronautical Mobile-Satellite Services] ▫Recalling ICAO assembly Resolution A29-11 (Use of Space Technology in the Field of Air Navigation); ▫Recommend a specific and comprehensive multilateral instrument formulated within the remit of an appropriate institutional authority, of a binding nature, supplemented by harmonised and uniform national law