Integration of AI offers opportunities for space applications
Written By
Associate
UK
I am an associate in our Commercial Group in London and I advise clients in the technology and communications sector, with particular experience in the space and satellite industry.
The position of the space and satellite sector at the forefront of innovation may be further boosted by rapid developments in AI and its potential in space applications. However, a central challenge is to create agile regulations that address risks and harms related to these novel technologies.
Role of AI in space and satellite technology
The integration of AI into space and satellite technology offers a range of opportunities for commercial and exploratory space activities. Some examples of these applications include the following:
- Data processing and analysis – leveraging AI technology to accelerate the processing of space data (e.g. Earth observation data and imagery);
- Monitoring and maintenance of spacecraft and in-orbit servicing – this could range from autonomous robotics for in-orbit servicing vehicles to AI-enabled algorithms for monitoring space systems and potential faults;
- Satellite navigation and operations – including autonomous spacecraft systems and AI applications for satellite navigation and traffic management; and
- Space science and planetary exploration – this encompasses a wide range of technology, such as AI-enabled scientific instruments and autonomous exploration rovers.
Many of the technologies have the potential to be adopted terrestrially to manage space activities (e.g., from operation centres), as well as in space (i.e., in situ) as the technology advances. For example, AI-enabled data processing and selection could be deployed in situ to reduce the latency and cost involved with transmitting data to Earth.
Regulation at an international and EU level
At the international level, space activities are governed by four core United Nations space treaties which underpin the international framework for the use and exploration of space, responsibility of States and liability for space objects: the Outer Space Treaty, the Rescue Agreement, the Liability Convention, and the Registration Convention. Many States have adopted national space laws that incorporate these international rules and may establish a framework for regulating national space activities.
The international space treaties do not address the use of AI in space or for space missions, particularly because these treaties were agreed well before commercially available AI technology. Similarly, we are not yet aware of any AI-specific regulations in any national space laws. However, as space technology evolves, many of these national space laws are being reviewed and developed to accommodate new technology, which may include AI considerations.
Additionally, general AI regulatory developments may also impact the space and satellite sector, including the EU AI Act. Space and satellite systems that incorporate AI technology may fall within the high-risk category of the EU AI Act, depending on the use of the system (e.g., global navigation satellite systems that support EU emergency services may fall within scope where they incorporate AI systems for key functions like manoeuvring). Similarly, there may be considerations around personal data processing where AI enabled satellite systems collect imagery of the EU or are operated from the EU.
Other developments
Other countries are also taking steps to regulate AI which may impact the space and satellite sector, including the UK, the U.S. and various APAC countries. These are at varying levels of maturity and the relevance of these regimes to the space and satellite sector will depend on their finalised scope.
More specifically for space and satellite activities, NASA has released a Framework for the Ethical Use of Artificial Intelligence which outlines key principles to guide NASA’s use of AI and intends to provide guidance to industry more broadly. Similarly, we may see further guidance develop in the space and satellite sector to address AI regulation at the national level but also the international level, particularly where there may be intersections with existing guidance (e.g. the Space Debris Mitigation Guidelines and the Long-Term Sustainability Guidelines).
What’s next?
When considering the use of AI in the space and satellite sector moving forward, some of the questions that may need to be considered include the following:
- AI in situ - how will AI regulation apply in space? This may be simpler where AI space technology is developed and / or operated from Earth, or where terrestrial services are being provided by satellites. However, the question may become more complex where AI technology is being developed and / or operated in situ and where AI-enable technology is being used for in-orbit services. The approach taken here may differ by jurisdiction if and when relevant national regulations are developed.
- National space licensing - what considerations might be relevant for national space regulators when licensing launch and operations involving AI-enable technology (e.g. safety, sustainability, cyber security) and how will this be addressed in national space licensing processes?
- Liability – how will liability be determined where damage is caused by space objects that incorporates AI technology? Additionally, how will states manage and mitigate their international liability noting that States are broadly liable for their national activities under the Liability Convention and how (if at all) will this be reflected in national space licensing regimes which often pass certain levels of liability through to operators?
- Commercial contracting – how will space and satellite contracting arrangements evolve to address the use of AI and relevant AI regulations (or potentially the gaps in AI regulation)? For example, cross-waivers of liability are common in space agreements, this position (and liability regimes in commercial agreements more generally) may need to be assessed where AI technology is involved and the risks may be heightened or uncertain. Similarly, commercial parties may wish to flow down particular obligations and risks to their supply chain in relation to the use of AI technology.
The opportunity to leverage AI in the space and satellite sector is clear but the sector will need to navigate the current regulatory uncertainty and consider issues like those discussed above as the regulatory landscape evolves.
For further information, please contact Hayley Blyth.
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