Businesses commercial activities in outer space and cybersecurity: emerging issues related to private small satellites

The invention and commercialization of new privately-operated space objects, small satellites in particular, raise numerous cybersecurity risks. The current legal framework applicable to small satellites-related activities, however, does not ad- dress such new concerns. This is clearly evident with reference to liability issues. As also affirmed by the Tallinn Manual 2.0, liability for damages caused by space assets is governed by the provisions of current space law, particularly by the 1967 Outer Space Treaty and the 1972 Liability Convention. These two international agree- ments impose strict international liability on the launching States even in relation to damages caused by privately owned and operated space objects. After an introduction on cyber risks emerging in NewSpace and a brief summary of the works addressing cyber activities in outer space, the article will analyse issues raised by the cyber space activities of privately-operated small satellites. The bulk of this article will particular focus on liability concerns, highlighting the pivotal role of transnational standards as effective tools to address cyber threats.