Satellite communications and the Internet: implications for the outer space treaty

The speedily expanding Internet is in the process of transforming the technological, economic, and policy bases for nation-state regulation of telecommunications, including space-based satellite networks. Deployment of the packet-switched Internet has accelerated the liberalization of telecommunications markets and has led to far-reaching regulatory restructuring and policy shifts regarding state ownership and control of networks and information flows. As space-based GMPCS networks become integral parts of the globalizing Internet infrastructure, the state-centric legal paradigm requiring state “authorization and continuing supervision” of space activities by “non-governmental entities” stipulated under Article VI of the OST and associated treaties forming the outer space legal regime will be called increasingly into question. This paper examines the technological, economic/trade, and security issues that question whether the existing state-centric paradigm for regulating Internel-based GMPCS satellite systems will remain in legal phase with emerging liberalized regulatory regimes for terrestrial Internet-based infractructures.