Now solicitors really can reach for the stars
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Ralph Riddiough looks at space law and satellite technology
Space law? When I first mentioned this as an emerging market full of opportunity as a young solicitor trying to make my mark in the profession, there was some mirth about frontiers and boldly going etc. Now, however, the evidence is everywhere: businesses and governments are responding at pace.
Scotland’s opportunities are considerable, with no fewer than five spaceports in development, with SaxaVord Spaceport on Shetland having secured a spaceport licence late last year. The prospect of the first orbital launch from Scottish soil is now real. Scotland is already a world leader in satellite manufacturing, we manufacture rockets that launch satellites in Cumbernauld, and you will often hear about how dependent we are on satellites for communication.
Interestingly though, and contrary to public belief, when it comes to communication and mobile phones, we are currently reliant on cell-towers and submarine cables for transmission rather than satellites – but this is about to change. A revolution is coming with the advent of new technologies allowing connection via satellite, an area in which there is undoubtedly a fortune to be made.
Called D2D, direct to device, the prize is huge: uninterrupted mobile coverage anywhere on Earth, particularly beneficial in remote areas out of range of the usual terrestrial networks.
The market for smartphones that can connect with satellite services is still in its infancy but is already heating up and not just in relation to consumers. Governments are interested for reasons of public safety and national security. The technology will likely progress through four waves in terms of capability: emergency alerts, text messaging, voice communications and data communications. Although revenue opportunities are low to start with, ultimately the rewards will be great as devices are sold. It’s this mass market potential that’s catching so much attention.
From a legal perspective, such an explosion has to be managed. The classic issue then arises: will regulators be able to respond appropriately, and in time? Use of the radio frequency spectrum will be affected and the impact on users of current networks has to be minimised. Constellations of appropriate satellites will need to be launched, and share orbital space. The nature of this technology is such that national regulators will also need to navigate international obligations.
That said, early signs of a positive regulatory response are evident. In the UK, the communications regulator, Ofcom, is calling for input under the heading “Improving mobile connectivity from the sky and space”. It is seeking views on the potential supply of, and demand for, D2D services, as well as contributions on expected spectrum use and sharing requirements that these services will bring.
It’s not just at a national level that legal considerations come into play. As companies race to be part of this exciting D2D market, the ability to protect themselves and their technology – their intellectual property – is critical. There are various types of IP protection from copyright to trademarks to patents, the latter of particular relevance here, as are proper employment contracts which prevent staff from leaking sensitive and valuable information about manufacturing, processes and products.
New technologies mean new challenges and it’s exciting to contemplate the huge benefits they will bring as well as the legal consequences and framework needed to govern them. Nearly 30 years after qualifying, “reaching for the stars” doesn’t seem quite as elusive as when I started my legal career.
Ralph Riddiough, Director and Head of Corporate, Holmes Mackillop
