As space continues to get more crowded than ever, there has been an increased focus from across the industry to ensure the long-term sustainability of space. It is also becoming increasingly apparent that sharing data is essential to reach this goal. Without shared information, it becomes difficult, if not impossible, to avoid space hazards and resulting conjunctions. This leads to a high probability of collision, which in turn risks the creation of further hazardous space debris.
However, many see substantial legal and operational risks in freely sharing data, so how much data do we need to share and how do we balance that risk?
The Much-Needed Data
Information sharing is needed across the industry if we want to ensure the continued sustainable use of space. For example, without data sharing, including planned maneuvers, accurately predicting orbital states becomes infeasible, thus the risk of collision increases. Sensor providers and space operators need to share data to maintain space surveillance, update space catalogues, retain positive control of spacecraft, and even protect human life in space.
At the same time, as space becomes more congested, it is also becoming more contested, which means we are seeing an increased chance of disputes. Resolving both anomalies and disputes requires multiple parties to have access to information.
In terms of how much data we need, within the SDA, we have conducted a number of studies together with our Technology Advisor, COMSPOC, that prove the more data you put in, the more accurate the result you get out. Without accuracy, we have two main problems. First is of course the increased risk of collision. The second is the likelihood of false alerts, which might lead operators to taking unnecessary evasive action, at huge cost. We should be therefore sharing as much data as we possibly can if we truly want to ensure the long-term sustainability of space.
Weighing up the Risks
When it comes to sharing data, there are a few key risks to consider:
1. Data Risks:
Data of any type can be highly sensitive and that is especially true for satellite operators. Not only that but data about their fleet is extremely valuable, so naturally there is often a concern that this data could be misused or provided to others once shared.
At the same time, it is important that any data shared or provided is fit for purpose when being used to ensure safety of flight. Any inaccurate data provision could therefore raise a risk of legal liability arising from 3rd party use or reliance on data. What assurances can there be that critical data will be available in a timely manner and valid for a given purpose?
2. Regulatory Pitfalls:
How do operators balance information disclosure for safety against the risk to reputation or authorization/license? There can be a very real risk that disclosure of information could inadvertently reveal negligence or other potential culpability under the Outer Space Treaty, the Liability Convention, or, in the case of non-governmental operators, risks to their authorization from a State.
Faced with that possibility, operators might believe it safer to limit information sharing, even perceiving an unacceptable level of risk from some other innocuous seeming data, such as operational points of contact.
3. Risk to Reputation:
How can operators share data with competitors while protecting their own national or commercial interests?
Space is highly competitive and satellite operators are under increasing pressure to retain and attract customers. This is becoming more so with new players in space and a rise in alternative connectivity solutions. It feels counter-intuitive to be sharing information with your closest competitors in such an environment.
While the community of technical space operations professionals remains generally aligned to promote stability, safety, and avoid operational surprise, bringing these competitors together requires an approach that anticipates disputes and offers effective resolution mechanisms.
4. Dispute resolution:
If a dispute over data sharing occurs, is there an effective and efficient means to resolve it? Should satellite operators decide there is enough value to share data, they may still be concerned about the mechanisms in place to resolve any disputes should any of the risks outlined become real.
Can We Find Balance?
These risks are the very reason the Space Data Association (SDA) was founded back in 2009. The SDA is a not-for-profit non-governmental entity (NGE) of more than thirty public and private satellite operators focused on space safety.
SDA Members collaborate and pool operational data including Points of Contact to enable better Conjunction Assessment (CA) and Space Traffic Coordination (STC), to mitigate the risks of satellite operations and preserve the space environment.
At the SDA, we established a legal and operational structure to create shared incentives to collaborate while respecting the legitimate security, operational, and legal concerns of our satellite operator participants. This includes a binding legal agreement for all our members, which is based on Isle of Man jurisdiction and law.
As per this agreement, any data or SDA information products is limited, by agreement, to specific, enumerated “permitted uses.” A small subset of potential uses is identified as “prohibited uses.” Any uses that are not permitted are automatically prohibited. Use for space flight safety is always permitted. Derivative use or retransmission to others, without the consent of the satellite operator data owner, is not allowed.
We also ensure technical excellence and accuracy. We established cybersecurity of the information system (the SDC) using the highest levels of care. Also, SDA members legally agree to contribute timely and accurate flight safety data including satellite location, points of contact, and planned maneuvers. This dynamic contribution ensures data remains relevant and actionable.
What happens if an SDA member violates this agreement? As a private entity we use financial incentives – that is, financial legal liability in the case where agreements are violated. Under our agreement the financial liability is unlimited, and enforceable, if the transgression is deliberate. Enforcement under Isle of Man law is also somewhat unusual in that an aggrieved party, such as one SDA member, may bring a direct cause of action against another member – even though there is no direct contract between the two parties.
Increasing Confidence
NGEs like SDA offer immediate, concrete means for States and satellite operators to promote the Long-term Sustainability Guidelines, including:
- Provide updated contact information and share information on space objects and orbital events.
- Improve accuracy of orbital data on space objects and enhance the practice and utility of sharing orbital information on space objects.
- Promote the collection, sharing and dissemination of space debris monitoring information.
- Perform conjunction assessment during all orbital phases of controlled flight.
By having a legal framework, SDA is increasing confidence and allowing satellite operators to share data while effectively mitigating the risks of doing so. And while the procedures are in place, we have not had any cases where misuse of data has been alleged.
We’ve earned our place as a trusted third party.