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Cyber-Attacks In Outer Space: Ai-Driven Warfare And India’s Role In Shaping Legal Norms




Anirudh Sharma, BA LLB, Chaudhary Charan Singh University


ABSTRACT


Recent incidents show that the outer space is increasingly vulnerable to cyber-attacks. In 2022, thousands of satellite modems (“KA-SAT”) were disrupted by a ransomware attack linked to state-sponsored actors1. Similarly, SpaceX reported jamming of Starlink terminals in Ukraine, underscoring the feasibility of electronically targeting satellites2. These events expose gaps in the Cold-War era legal regime: the 1967 Outer Space Treaty (OST) and 1972 Liability Convention were drafted before cyber threats or AI-enabled systems were envisioned3. In particular, OST relies on human consultation (Article IX) and liability for physical damage, neither of which easily accommodates fast, autonomous cyber-attacks. Scholars note the Liability Convention’s “blind spot” it holds a launching state strictly liable for harm on Earth regardless of causation, meaning an innocent state could bear the cost of damage caused by a third-party cyber hijacker4. Meanwhile, autonomy and AI in space exacerbate complexity: US plans for fully autonomous satellites highlight how AI can help evade attacks (by altering orbits, detecting hacks, etc.),5 but also raise questions of responsibility when AI makes split-second decisions absent human oversight6. This article examines these challenges, assesses India’s legal measures (e.g. the IT Act 2000, the new Digital Personal Data Protection Act 2023, and a draft Space Activities Bill) and diplomacy (G20 space initiatives, COPUOS contributions, GPAI membership) aimed at securing space assets.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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