Space systems have become high-impact digital infrastructure, supporting global communications, climate accountability, navigation, and scientific research. These systems increasingly rely on artificial intelligence (AI) and autonomous decision-making, expanding opportunities for discovery while creating novel legal complexities around accountability, intellectual property (IP), and human rights. Traditional space treaties never anticipated commercial satellite constellations using machine learning to generate proprietary knowledge with societal impacts on Earth. As a result, there is no clear global framework governing who owns or controls AI-derived data from space or how to ensure these systems comply with democratic norms and responsible AI safeguards. Using a socio-legal methodology, this paper analyzes jurisdictional ambiguity, the ownership crisis surrounding machine-generated data, and the rise of AI sovereignty as states and companies compete to control orbital information flows. It argues that governance for space-based AI must move beyond technical compliance and into the realm of constitutional alignment ensuring that systems shaping life on Earth are accountable to fundamental rights and democratic oversight. The paper proposes a convergent model built on four pillars: mutual recognition of space-generated IP rights, responsible AI certification for high-impact systems, rights-preserving data governance, and coordinated dispute resolution. These interventions would align innovation incentives with global equity, human rights, and sustainable space development.
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Edward Koellner
West Virginia University
The University of Texas Rio Grande Valley
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Edward Koellner (Sun,) studied this question.
www.synapsesocial.com/papers/69c229bdaeb5a845df0d49a3 — DOI: https://doi.org/10.5281/zenodo.19165898