Center Director Josh Abbott recently sat down with ASU Now to discuss the legal protocol behind crimes committed in space. This discussion comes after astronaut Lt. Col. Anne McClain allegedly hacked into her estranged wife’s bank account and stalked her aboard the International Space Station. McClain stated that there is no truth to these claims and she was managing the couple’s finances, but many are considering this alleged hacking to be the first crime committed in space.
In the interview, Abbott discusses the crime itself- without the space element. Accessing someone else’s bank account without authorization could violate various state and federal criminal statutes against hacking, and depending on the circumstances, could also violate laws that regulate banking, commerce, the internet, or NASA.
A potential issue with this case will be determining which court has jurisdiction in this case. If a store is robbed, it goes to court in the state where the crime took place, but due to the fact that the potential crime took place in on the
International Space Station (ISS) the jurisdiction is more complicated. The nations that built and operate the ISS already agreed on clear rules for choosing the jurisdiction if a crime is committed on board.
Space is governed by international treaties, often being compared to international waters. Maritime law, what governs matters at sea, is a completely separate section of law with its own specialized rules. “Space law” is still developing and borrows ideas from other areas while also developing the response needed when disputes arise. Due to the new developments in space law, any decision on this case, if it were to go to court, would set a precedent for any future cases.
Read the full ASU Now interview here.