“The balance between promoting innovation and ensuring risks associated with AI systems are mitigated requires coordination and communication between different jurisdictions to create interoperable regulatory settings suitable for the inherently international space sector”

Space Law and Policy Project Group’s AI & Space Law team

Artificial Intelligence (AI) may currently be a buzzword, but it fundamentally alters how we approach many technical challenges, including those in the space sector. As new missions push the boundaries of exploration and human innovation, integrating AI into space missions is becoming increasingly critical for managing complex datasets, automating time-consuming tasks, and enhancing the precision and safety of operations. The AI and space nexus necessitates the exploration of the current applications of AI in the use and exploration of outer space, their inherent limitations, risks, and the legal challenges that space governance will have to untangle.

AI Applications in Space

Applications of AI in the space sector are increasingly varied. As an example, one key use case lies in the management of satellites. By employing machine learning algorithms, organizations like the European Space Agency (ESA) optimize the functioning of satellite mega-constellations, which are pivotal for tasks such as Earth observation, communication, and space weather prediction.[1] AI systems are adept at processing the vast datasets these satellites generate and can perform analyses more rapidly and accurately than human analysts.

Across the Atlantic, NASA validated appropriate uses of AI capabilities in space activities all the way back in 2003 with the Autonomous Sciencecraft Experiment.[2] Since then, NASA has begun to use AI for the daily operations of missions, such as the management of the International Space Station (ISS), managing crew, autonomous systems, and performing environmental science.[3] Similarly, in more recent times, SpaceX has pioneered AI autopilot systems to dock their rockets with the ISS and land their reusable rocket stages, alongside deploying  AI to coordinate collision avoidance maneuvers among their many Starlink satellites.[4]

Leveraging the use of AI could also benefit missions on other celestial bodies as well, where it can power robots that autonomously navigate the Moon or Mars and extract oxygen from water.[5] As we consider future deep-space exploration, AI will also help to resolve data downlinking issues, freeing up limited bandwidth for communication purposes.[6]

Which Limitations and Risks Lie Ahead?

Despite the many new capabilities AI will enable, its integration into space operations presents unique challenges. The most relevant limitation is the hardware constraint. Spacecraft have limited onboard power,  further strained by the computationally demanding operations of AI systems, especially those relying on sophisticated ML/DL algorithms. Additionally, the harsh space environment poses risks due to extreme radiation and thermal environments which can lead to AI system malfunctions or inaccuracies. Therefore,  thoughtful design and shielding would be necessary to mitigate these possibilities.

The proliferation of AI in the space sector also introduces cybersecurity vulnerabilities. AI systems can become targets for cyberattacks that compromise mission data or manipulate autonomous operations, potentially leading to catastrophic failures.[7] The threat of adversarial machine learning, where malicious actors subtly alter inputs to AI systems to cause misinterpretation or system failure, is also a growing concern.

Such challenges are coupled with the ethical and privacy implications of AI processing vast amounts of (potentially sensitive personal) data.[8] Ensuring that AI systems adhere to privacy regulations and ethical standards requires robust governance procedures and oversight mechanisms that are yet to be clearly articulated, appearing as a new challenge for space companies. 

The Legal Conundrum of the AI and Space Nexus

The legal landscape concerning AI in space is multifaceted and evolving. International space law treaties, such as the Outer Space Treaty of 1967 and the Liability Convention of 1972, are foundational yet strained by the intricacies introduced by AI technologies.[9] As AI systems gain autonomy and decision-making capabilities, determining liability under the fault-based liability system outlined under Article III of the Liability Convention will become progressively complex. In events where an AI-driven action in outer space will lead to damages, determining the corresponding liability will become intricate and diplomatically fraught when a State party is not forthcoming with technical information that would allow for an informed legal analysis.

Another point of regulatory ambiguity will be brought by Intellectual property rights (IPR). Questions arise over the ownership of AI-generated outputs, such as imagery or data interpretations, challenging conventional legal frameworks that do not account for the unique contributions of non-human entities. These issues necessitate a revaluation of existing legal protocols to fit the new technological landscape.[10]

Transnational and domestic legal regimes are attempting to address the transformations required by AI diffusion in society. The European Union’s recently adopted ‘AI Act’ aims to regulate AI applications, though its scope concerning space operations remains limited and its effects on use cases of AI in the space sector are still somewhat unclear,[11] it will detain an impact being the first hard law adopted on the matter.

The balance between promoting innovation and ensuring risks associated with AI systems are mitigated requires coordination and communication between different jurisdictions to create interoperable regulatory settings suitable for the inherently international space sector.

 A Glimpse into the Future: The Path Forward

As explained above, addressing these challenges will require a balanced mix of technological innovation and legal reform. Developing international consensus on use of AI for space applications, fostering transparency, and sharing best practices are critical steps toward a robust framework for AI deployment. International cooperation is essential, as AI-related challenges in space are global and transcend national boundaries.

Ethical guidelines will play a crucial role in ensuring AI applications in space are fair and equitable, mitigating privacy breaches, and ensuring accountability.[12] Continued dialogue among technologists, policymakers, and legal experts will be critical for crafting policies that balance innovation with sustainability.

 Conclusion

In the space sector, AI is here to stay. AI offers solutions to some of our most pressing scientific and technical challenges. However, the complications presented by the unique nature of operations in the space sector must be considered—ranging from technical limitations to ethical and legal implications. By fostering international dialogue, synchronizing legal frameworks, and prioritizing ethical considerations, the global community can harness AI’s full potential in advancing space operations and exploration initiatives safely and effectively.

 

About the Authors

This article is a contribution of the members of the “AI & Space Law” Research Group of the SGAC Space Law and Policy Project Group, co-led by Roser Almenar and Giovanni Tricco.

 

Sources

[1] ESA, Artificial intelligence in space, 3 August 2023, https://www.esa.int/Enabling_Support/Preparing_for_the_Future/Discovery_and_Preparation/Artificial_intelligence_in_space (accessed 20.09.24)

[2] S. Chien et al., The Future of AI in Space, IEEE Intelligent Systems 21(4) (2006) 64–69. DOI: 10.1109/MIS.2006.79.

[3] NASA Science Editorial Team, New AI Algorithms Streamline Data Processing for Space-based Instruments, 20 December 2022, https://science.nasa.gov/science-research/science-enabling-technology/new-ai-algorithms-streamline-data-processing-for-space-based-instruments/ (accessed 20.09.24)

[4] P. Maguire, AI at the crossroads of cybersecurity, space and national security in the digital age, 3 April 2024, https://spacenews.com/ai-crossroads-cybersecurity-space-national-security-digital-age/#:~:text=SpaceX%20uses%20an%20AI%20autopilot,pioneers%20could%20only%20have%20imagined (accessed 20.09.24) 

[5] J. O’Callaghan, This AI robot chemist could make oxygen on Mars, 13 November 2023, https://www.nature.com/articles/d41586-023-03522-4 (accessed 20.09.24)

[6] ESA, Artificial intelligence boosts science from Mars, 29 April 2008, https://www.esa.int/Enabling_Support/Operations/Artificial_intelligence_boosts_science_from_Mars (accessed 20.09.24)

[7] D. Li, Cyber-attacks on Space Activities: Revisiting the Responsibility Regime of Article VI of the Outer Space Treaty, Space Policy 63 (2023) 1–13. https://doi.org/10.1016/j.spacepol.2022.101522

[8] T. Kohnstamm, Everything you need to know about Project Kuiper, Amazon’s satellite broadband network, 17 June 2024, https://www.aboutamazon.com/news/innovation-at-amazon/what-is-amazon-project-kuiper (accessed 20.09.24)

[9] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty), 10 October 1967, https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introouterspacetreaty.html; Convention on International Liability for Damage Caused by Space Objects (Liability Convention), 1 September 1972, https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introliability-convention.html 

[10] H. Gaffar H and S. Albarashdi, Copyright Protection for AI-Generated Works: Exploring Originality and Ownership in a Digital Landscape. Asian Journal of International Law. Published online 2024:1-24. doi:10.1017/S2044251323000735

[11] Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonized rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ%3AL_202401689 (accessed 20.09.24)

[12] United Nations Educational, Scientific and Cultural Organization (UNESCO), Recommendation on the Ethics of Artificial Intelligence, 2021. https://unesdoc.unesco.org/ark:/48223/pf0000381137; United Nations System Chief Executives Board for Coordination, Principles for the Ethical Use of Artificial Intelligence in the United Nations System, 2022. https://unsceb.org/principles-ethical-use-artificial-intelligence-united-nations-system; Organisation for Economic Co-operation and Development (OECD), Recommendation of the Council on Artificial Intelligence, OECD/LEGAL/0449, 2019. https://legalinstruments.oecd.org/en/instruments/oecd-legal-0449 ; World Economic Forum, Unpacking AI Procurement in a Box: Insights from Implementation, White Paper, 2022. https://www.weforum.org/publications/unpacking-ai-procurement-in-a-box-insights-from-implementation/