This case note examines the governance implications arising from the onset of accelerated satellite internet expansion and explores potential regulatory solutions for effective governmental oversight. Due to the interconnected nature of the internet and its global network, international organizations and treaties play a crucial role in content and data regulation, and rapid technological evolution presents increasing difficulties for these regulatory frameworks to keep pace. These challenges are particularly evident in satellite-based broadband internet services, with SpaceX’s Starlink emerging as the most prominent and currently relevant service in this domain. Proponents of this technology emphasize its ability to provide internet access to remote and underserved areas as well as its usage in disaster stricken or emergency situations where established infrastructure cannot be depended on, among other benefits. Alternatively, critics claim that the risks associated with satellite congestion within the low earth orbit, as well as regulatory concerns related to content moderation and criminal utilization, are significant and arguably commanding. To provide a comprehensive understanding of these issues, Part I introduces Starlink’s satellite technology and highlights a recent conflict with a sovereign government, foreshadowing current governance challenges. Part II delves into the advantages and potential drawbacks countries face when deciding whether to allow this technology within their borders. Part III analyzes the existing regulatory framework most capable in overseeing Starlink, revealing some key limitations. Finally, Part IV proposes the establishment of a specialized international regulatory body designed to adjudicate disputes and oversee this emerging technology, aiming to create a balanced and effective governance model.
Michael N. Hillebrand (Wed,) studied this question.