The use of satellite technology undeniably represents an integral part of modern military strategy and armed conflict for Australia and many other countries. The 1991 Gulf War is often referred to as the first вЂњspace warвЂќ. However, the reality is that outer space has been and continues to be used for terrestrial military activities. Initially, there were different views as to whether the peaceful use of space meant that only вЂњnon-militaryвЂќ rather than вЂњnon-aggressiveвЂќ activities were permissible. Everything revolves around the imperative to promote responsible behavior in space and minimize the possibility of conflict. The treaty also imposes international responsibilities and liabilities on the countries themselves вЂ“ even for transgressions carried out by a private entity. It also forbids the placement of weapons of mass destruction in outer space and the militarisation of celestial bodies.

The 1967 Outer Space Treaty, ratified by almost every spacefaring country, provides that the Moon and other celestial bodies are to be used вЂњexclusively for peaceful purposesвЂќ. A key tenet of international space law is that space may not be appropriated, which would prevent plans such as colonising the Moon or Mars. Outer space, like the high seas, is often seen as a global commons: it belongs to everyone and is governed by international law. The вЂњmilitarisationвЂќ and possible вЂњweaponisationвЂќ of space represent a significant defence and national security challenge for all countries. These might seem like legal niceties, but they matter вЂ“ they can determine how the impacted country might retaliate. Others, such as the United Kingdom and New Zealand, say a cyber operation must be sufficiently disruptive or destructive to count as a violation of sovereignty principles. France and Iran say any unauthorized penetration of their cyber systems вЂњautomaticallyвЂќ constitutes a violation of sovereignty, irrespective of the reason. Both involve unauthorized access to computer systems and networks within another nation-state, but working out who is responsible for such intrusions and their intentions can be an imprecise art.Дifferent countries have suggested various approaches to the problem. However, it can be hard to tell the difference between a simple espionage cyber operation (which might be permitted) and one carried out to prepare for a more disruptive operation (which might count as an вЂњattackвЂќ). Nation-states can generally engage in cyber espionage without clearly violating their legal obligations to other countries.

The debate generally concerns what military cyber activities are вЂњacceptableвЂќ or вЂњpeacefulвЂќ, and which are prohibited or might be considered acts of war.ДЇor example, during peacetime, international law is largely silent on espionage. However, the details of precisely how are not agreed upon. There is a general understanding that international law applies to cyber activities. This can create serious vulnerabilities for defense and national security. For every вЂњsolutionвЂќ, another threat arises. The worldвЂ™s dependence on the internet has outpaced efforts at effective cybersecurity. These domains can be a source of unity and vision for humanity, but they can also be a source of tension and discord вЂ“ and could easily be misused in the conduct of war. Sovereignty also includes the power to give up certain sovereign rights, such as when countries agree to limit their own actions so as to cooperate internationally on human rights and national security.Д¬yberspace and outer space enhance our defense and national security capabilities, but our increasing dependence on continuous access to both also makes us vulnerable. However, cyberspace and outer space are not limited by borders in the same way as territorial spaces. Historically, this jurisdiction was based primarily on geography. It generally refers to the authority of a country (nation-state) to exercise control over matters within its jurisdiction вЂ“ including by passing laws and enforcing them. Sovereignty is a legal and political concept. What is sovereignty and why is it important? They also have a вЂњdual-useвЂќ character: both areas (and often even individual pieces of equipment) are used for both military and civilian purposes. These вЂњareasвЂќ are important elements of AustraliaвЂ™s critical infrastructure and are vital to our ability to defend our nation and keep it secure. What do cyberspace and outer space have in common? As we make clear in a new report to the Department of Defence, both are new frontiers for national security that blur traditional ideas about borders, sovereignty, and defense strategy.

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