Standardizing Space Technologies as Admissible Evidence: Legal and Ethical Frameworks for U.S. Courts and the International Criminal Court

This paper explores the increasing role of satellite and other space technologies — such as optical satellite imagery, radar, and artificial intelligence (AI) — in legal proceedings both in the U.S. and internationally. It examines relevant Supreme Court and appellate cases, as well as key international rulings, to assess how courts are addressing the legal challenges posed by surveillance technologies. These cases reveal the tension between advancing technology and existing privacy protections, highlighting the need for updated legal frameworks. The analysis also covers federal laws, including the Electronic Communications Privacy Act, alongside proposed legislation like the American Privacy Rights Act and state-level regulations in Florida, California, and Texas. Internationally, it considers a piecemeal approach, where countries develop regulations independently, and advocates for a structured process beginning with national standards and bilateral agreements, progressing to International Organization for Standardization (ISO) guidelines, and culminating in establishing the International Space AI Regulatory Authority (ISARA), with the Satellite Evidence Standards and Verification Committee (SEVC) dedicated to legal oversight of satellite data. Modeled after the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO), ISARA and SEVC would promote data reliability, strengthen frameworks for space-derived evidence, safeguard individual rights, and encourage international collaboration.