Starlinked! An analysis of SpaceX’s small satellite mega-constellation under the Fourth Amendment

ABSTRACT Private commercialization is making broadband internet accessible through a new frontier: space. Space Exploration Holdings, LLC (SpaceX), is launching a mega-constellation of thousands of small-satellites into low-Earth orbit to provide fixed-satellite service across the globe. In order to do so, SpaceX was required to receive a license from the Federal Communications Commission (FCC). The licensing regime is part of a larger international regulatory framework based on five governing treaties – the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, and the Moon Treaty. Compliance with these treaties is managed through the International Telecommunications Union (ITU) an agency of the United Nations. In this instance, the FCC’s domestic licensing processes ensure compliance by the United States to the ITU’s procedures and the treaties. The role of the FCC in maintaining these regulatory operations may, however, introduce risks to consumer privacy. This paper explores the tension between government regulation of information and communication technologies, specifically, small satellite mega-constellations and the right to privacy under the Fourth Amendment of the United States Constitution.