Hello folks,

I recently had a conversation with a good friend who was asking me a silly little legal question that got into a very in-depth scenario for jurisdiction. They asked:

If someone used a satellite to put malware onto people’s phones, would they be prosecuted?

This followed with me grilling them on this scenario to determine jurisdiction: Do they own the satellite? What country did they launch the satellite into space from? Did they register the satellite in their jurisdiction?

Then they proceeded to ask, well…What if they launched the satellite from international waters to avoid being detected? This then turned into a long drawn out silly scenario of whether a fictitious person could go out to sea with the pirates to craft a satellite, upload malware onto it, and then find some way to launch it from international waters, as to avoid any countries laws on the matter.

SO, with that legally absurd scenario aside, I come here to answer the original question posed…

What Is International Satellite Law?

I often joke that international law is “not real” because of how it functions. It’s composed of treaties/laws between nations and ultimately does not have a way to enforce it like within a country. This leads to arbitration as more often used to uphold international laws. Arbitration is when a type of mediator decides the fate of a case instead of a judge. Ultimately, international law does exist and it might be where we need to turn to answer this question.

1. International treaties on jurisdiction:

In 1967, the United Nations enacted the “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies” which is just a longwinded way to say the “Outer Space Treaty”. It specifies that each Nation is liable for any actions related to space that occurs from their Nation, no matter who committed the act.1

States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.

What we have learned from this Treaty is that now we MUST know where this fictitious character either launched the satellite from OR from where they placed the malware onto the satellite. For purposes of this post, I will be assuming that the person did this activity from somewhere in the United States…

2. A Nation’s crime for interfering with a satellite:

The United States has multiple federal laws and regulations that would affect someone who tried to put malware on a satellite. First, we have the federal crime of interference with the operation of a satellite:2

Whoever, without the authority of the satellite operator, intentionally or maliciously interferes with the authorized operation of a communications or weather satellite or obstructs or hinders any satellite transmission shall be fined in accordance with this title or imprisoned not more than ten years or both.

This is a crime for maliciously interfering with a satellite without permission from the owner of the satellite. The punishment for someone who is found guilty of this crime is being fined, imprisoned anywhere up to a maximum of 10 years, or both.

In our question, we do not know if the person was the owner of the satellite or not. If they are not, then the answer is clearly YES, they can be prosecuted. However, for the purpose of this post, we will assume they own this satellite where they placed the malware.

Second, then he might be able to be prosecuted under another federal crime for Fraud in connection with computers. There are several scenarios where this crime applies: if the malware is infecting government computers; if the malware is allowing the person access to financial records; if the malware could jeopardize classified files or national defense; and more.3

3. A Nation’s laws on satellite regulations:

Two different agencies are involved with regulating satellites. (1) The National Oceanic and Atmospheric Administration (NOAA) requires people to obtain a license for satellites that have remote sensing capabilities.4 Remote sensing is just a fancy way of saying it has equipment on it that can monitor the environment, map types of land, monitor the weather, and more. (2) The Federal Communications Commission (FCC) requires people to obtain a license to operate a satellite.5 The FCC also monitors frequencies and what is shared between satellites and the Earth, so they are aware of activity from private satellites.

Now let’s say our fictitious person decided to get one of these satellites set up by not following the licensing rules or not following their regulations. The NOAA has several options, they can issue civil penalties up to a maximum of $10,000, seek a civil judge to terminate, modify, or suspend licenses immediately, or simply provide a written warning.6 The FCC also has similar options, they can issue civil penalties of 100s of thousands of dollars, terminate, modify, or suspend licenses, issue order to cease and desist such activity, or provide a plan for their compliance similar to a plea deal.7

For example, Swarm Technologies had to pay $900,000 in a settlement agreement with the FCC in 2018 for launching a satellite without the proper license. Similarly, Dish Network had to pay $150,000 in 2023 for violating orbital debris mitigation plans, and Intelsat had to pay $160,000 in 2024 for unauthorized operation of its satellite.

In the end, it really depends entirely on what the malware does. Is it infecting government computers? Then it falls under a federal crime. Is it infecting devices across state lines or internationally? Then it falls under a federal crime. Does it allow the person to steal, stalk, or do literally any other crime? Then they definitely can be prosecuted. These agencies will investigate these situations and could end up referring the fictitious person to prosecution for any of these crimes.

The Nitty Gritty:

1. Each Nation in the U.N. is responsible for any violations of the Outer Space Treaty, which tells us what is illegal activity regarding satellites.

2. The U.S. has a federal crime for interfering with someone else’s satellite and other cybercrimes for placing malware on other’s devices or certain hacking.

3. The NOAA and the FCC could hold someone accountable for not getting the proper licenses or violating federal regulations for satellites with fines, court orders, and possibly refer them for prosecution.

All that to say, malware does not just disappear into space, it infects everyone.

Best wishes,
~ Ringo

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Please note Ringo M.K. Bosley, Esq. uses AI only as a tool in assisting with research and marketing, and all posts and images on Legally Absurd are written and created by a living-breathing-person.

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Disclaimer: Ringo M.K. Bosley, Esq. publishes this content as an attorney with Ringo Legal, PLLC. All revenue generated from subscriptions to this publication is received by Ringo Legal, PLLC. | This publication provides general information and does not constitute legal advice. No attorney-client relationship is created by your access or use of this content.