SpaceX’s Starlink – A Technology Beyond the Control of Authoritarian Regimes

Leveraging its experience in building rockets and spacecraft, SpaceX is in the process of deploying the world’s most advanced broadband internet system. (SpaceX, Starlink). The Starlink satellite constellation, which consists of more than one thousand “small satellites” delivered by SpaceX’s Falcon 9 reusable rockets, is an innovative solution to rural society’s internet connection problem. (Sheetz, CNBC). Starlink’s ultimate mission is to provide superfast internet to anyone, anywhere in the world, by wrapping the Earth with up to 42,000 satellites. Id. The practical effect of this limitless availability is that Starlink, as the internet service provider (“ISP”), supplants the government as the gatekeeper to the World Wide Web.

For context, several international legal concepts are implicated by global satellite internet service. Most importantly is the responsibility of a nation for the space operations of its citizens, as outlined in Article VI of the 1967 Outer Space Treaty. (Von der Dunk, Legal Aspects of Satellite Communications–A Mini Handbook). Additionally, each country maintains complete and exclusive sovereignty over their communication infrastructure (network or cyber sovereignty), per customs established by the UN’s Working Group on Internet Governance and the Internet Governance Forum. Id. In other words, while no one person, organization, or government controls the Internet, each country has the power to regulate ISPs and communications infrastructure within its borders. Nevertheless, many governments have agreed to promote international trade of communication services through the World Trade Organization’s General Agreement on Trade in Services (GATS). Id. That being said, many of these GATS commitments are finely tailored by nations to protect their policies and idiosyncrasies. Id. Ultimately, besides the diplomatic responsibility of one country to respect the laws and policies of another, this web of international law does not directly address the legality of providing internet service to citizens of a foreign country, from space, without the approval of their government.

This is problematic for authoritarian regimes that routinely exercise their ability to censor internet communications. For example, Russia, a government that is known for its strict control of various forms of communication such as print and television news, commonly exercises its cyber sovereignty through intimidation of Russian network operators. (Troianovski, The New York Times). This type of influence is not as easy to exercise on a foreign entity broadcasting from space, let alone a large U.S. government contractor like SpaceX. In response to the expected loss of control, the State Duma, Russia’s legislative body, has been considering fines for individuals and companies in the country who used the Starlink service. (Duffy, Business Insider). This proposed law would charge ordinary users between 10,000 and 30,000 rubles ($135-$405), and commercial entities up to one million rubles ($6,750 to $13,500) if they use the American satellite service. Id.

This potential illegality of Starlink in Russia could heighten tensions between the United States and Russia. Both restraints of free trade of communication services and restrictions on free speech are against American values and public policy. Russia, on the other hand, may see this as a U.S. company interfering with its ability to control communications domestically, which is a political necessity for the Kremlin. The United States government has control over Starlink both as a domestic provider and an “American national” operating in space, but whether the U.S. plans to exercise this control to restrict international service is still unclear.

Given the current diplomatic climate that exists between the United States and Russia, the American government may be inclined to err on the side of international relations and respect for Russia’s domestic policy. That being said, the recent election of President Joe Biden, who has promised stronger foreign policy with regards to Russia, could signal a decision to side with the American ISP. (Madhani, AP News). Ideally, the U.S. government would take a position that both promotes free international trade of communication services in accordance with GATS, while respecting Russia’s network sovereignty. This could be accomplished by regulating Starlink’s international business and requiring them to collaborate with the Russian government regarding content controls. While this regulatory action could be considered a restriction of free speech abroad, free speech and internet communications in Russia will be restricted regardless of the position the U.S. takes on this issue. This is demonstrated by the criminal sanctions Russia is considering. Given this premise, the U.S. might as well allow SpaceX and Starlink to conduct business abroad while avoiding further conflict in an already tense relationship with Russia.