1. 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

2. 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?

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

4. 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

5. 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

6. Conventional Weapons or Cyber Attacks?

7. Three Groups of Weak Points
Satellites
Ground stations
End-users

8. Range of Threats Access to data Interference with signals
Physical control

9. Common Cyber Attacks
Jamming
Spoofing
Hacking
Hijacking
Robbing TT&C

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

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

12. 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

13. 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

14. 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

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

16. 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

17. 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)

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

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

20. 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

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

22. 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

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

24. 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

25. 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’

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

27. 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

28. 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

29. 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

30. 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

31. How does the MILAMOS Project work?

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

33. 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

34. 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

35. 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

36. 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