Can U.S. government eminent domain a U.S. company's outter space assets?

October 12, 2022 8:36 AM

Elon Musk sent Starlink access terminals to Ukraine, but recently denied access in Crimea: a lot of power for an individual to hold. There is precedent for the US government to prevent companies from interacting with an "enemy" , or claim the property of a company or individual, shutter satellites or limit their export, and force a U.S. company to make goods. Is there law or precedent that allows the U.S. government to control a U.S. based private entity's foreign (or outer space) property? ***I'm wondering about the range of US powers, not the ethnics of Musk as an eminence grise/kingmaker.***
posted by rubatan to Law & Government (5 answers total)

Starlink and SpaceX will have to comply with relevant FAA (launch), FCC (transmission), and export laws (State department for ITAR; Commerce department for dual-use, both of which cover space activity). Can the USG seize Starlink in the sense of eminent domain? Unknown, but they can make their operations extremely complicated. Much of this is covered in your cited links.

Starlink satellites are LEO and have an expected 5-year lifespan, and the entire constellation isn't launched yet. I suspect the government has all the tools they need to ensure he complies with USG policy.
posted by scolbath at 8:55 AM on October 12, 2022 [1 favorite]

There are several treaties and even a space law about the use of outer space, gathered under the umbrella of the UN Offices for Outer Space Affairs.
But i know nothing ecxept that UNOOSA exists because i once met someone working there.
posted by 15L06 at 10:27 AM on October 12, 2022 [1 favorite]

Best answer: Here's a paper on ‘In-Space Jurisdiction’. It points out that "The Federal Criminal Code applies to “[a]ny vehicle (...) in space and on the registry of the United States pursuant to the [Outer Space Treaty] and the [Registration Convention], while that vehicle is in flight.” In other words, the United States applies its criminal jurisdiction on a quasi-territorial basis to US-registered space objects."

The Starlink satellites are US-registered, so as far as the US is concerned they're subject to US law. So... probably, if there's a federal law that applies.
posted by BungaDunga at 1:08 PM on October 12, 2022 [1 favorite]

As to foreign property, the US claims extraterritorial jurisdiction for civil forfeiture.
posted by BungaDunga at 1:13 PM on October 12, 2022

The government could do lots of things. There is nothing at all stopping Congress from passing a law authorizing the nationalization of a private company’s space assets, and nothing at all stopping the Supreme Court from upholding that action.

Whether they will do such a thing is a different question.
posted by rockindata at 1:37 PM on October 12, 2022