Free Flow of Information

In a closing statement on April 8, 1977, before the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space, Kalman Schaefer of the Office of Telecommunications Policy of the Executive Office of the President and a member of the U.S. delegation, affirmed U.S. support for the free flow of information with regard to the elaboration of the draft principles governing the use by States of artificial Earth satellites for direct television broadcasting. Mr. Schaefer's statement, which dealt with the legal implications of remote sensing of the Earth from space, follows:

[T]hroughout our discussions in Working Group II on Direct Television Broadcasting from Satellites, as well as those in Working Group III on remote sensing of the natural resources of the Earth and its environment, my delegation has consistently supported the free flow of information unrestricted by national boundaries. In the case of DBS, we have maintained that a regime of prior consent would violate the right, affirmed in article 19 of the Universal Declaration of Human Rights, to "seek, receive and impart information and ideas through any media and regardless of frontiers." In the context of remote sensing of the Earth by satellite, article XI of the 1967 Outer Space Treaty adds to this fundamental principle of free flow of information the mandate that States Parties "agree to inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practical, of the nature, conduct, location and results of such activities."

The United States encourages the free and open exchange of information and ideas. While it respects differences among cultures, it also recognizes the need to maximize the beneficial use of new space technologies. Adoption of restrictive regulations or principles will hamper the continued development and cooperative use of technology which might otherwise bring many educational, economic and social benefits to the international community, particularly to developing countries.

In respect to direct TV broadcasting from artificial Earth satellites, we believe that it is very important that all countries, and especially the developing countries, have equitable access to the use of satellite communications to obtain for their populations the numerous benefits which can flow from application of this new technology. We agree that direct broadcast satellite services should be broadly available to all nations and should not be the exclusive domain of those few nations that may have the technical capability to launch and operate such satellites. The year-long cooperative satellite broadcasting experiment conducted by India with the use of a U.S. satellite, and the AID satellite demonstration projects conducted in 1976 involving 26 countries, are noteworthy examples of the potential value of broadcasting satellites as tools to serve the best interests of the world.

The decisions of the recent ITU [International Telecommunication Union] World Administrative Radio Conference dealt with the assignment of frequencies and orbital spaces aimed at making available to all peoples the services of this technology in a technically manageable way. The United States will do its part in contributing to the technical expertise that many countries may need in order to be able to begin employing this technology.

In the field of remote sensing of the natural resources of the Earth and its environment, we strongly believe that the best way to maximize the benefits of that technology is through the open and nondiscriminatory dissemination of data. In our view, adoption of this approach is the only way to ensure that the benefits of remote sensing will not become the sole province of those few States which at present can launch, operate, and receive data from space about the natural resources of the Earth and its environment. It has been through the free flow of scientific and technical data that the world has made great strides in such fields as weather forecasting, medicine, physics and astronomy (to name only a few). Having operated the experimental Landsat program for five years, we know full well of the many advances that have been made in this field in this short time, while no delegation in attendance at these meetings has been able to point to a single instance of abuse resulting from the open and nondiscriminatory dissemination of the data gathered by the Landsat program.

We therefore believe strongly that the principle of free flow of information must not be undermined in any way by the principles we are seeking to develop in this Legal Subcommittee, whether it be with respect to Direct Broadcasting from Satellites, to remote sensing of the natural resources of the Earth, or to any other future subject of our deliberation.

Press Release USUN-19 (77), Apr. 8, 1977.

Mr. Schaefer was responding to the following draft statement of principles on consultation and agreements between states which had been formulated by the Working Group of the Legal Subcommittee:

Consultation and agreements between States

[[A] direct television broadcasting [satellite service] specifically directed at a foreign State [, in those cases in which the coverage of that State is permitted under the relevant instruments of the International Telecommunication Union,] shall be based on appropriate agreements and/or arrangements between the broadcasting and receiving States [or the broadcasting entities duly authorized by the respective States], in order to facilitate the freer and wider dissemination of information of all kinds and to encourage cooperation in the field of information and the exchange of information with other countries.

For that purpose [in those cases in which the coverage of that State is permitted under the relevant instruments of the International Telecommunication Union,] a State which proposes to establish or authorize the establishment of a direct television broadcasting [service] by means of artificial Earth satellites specifically directed at a foreign State shall without delay notify that State of such intention and shall enter into consultations with that State if the latter so requests.

No such agreements and/or arrangements shall be required with respect to the overspill of the radiation of the satellite signal within the limits established under the relevant instruments of the International Telecommunication Union.]

U.N. Doc. A/AC.105/196, Annex II, p. 3, Apr. 11, 1977.

The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies done on Jan. 27, 1967, entered into force for the United States on Oct. 10, 1967 (TIAS 6347; 18 UST 2410; 610 UNTS 205).

International Cooperative Projects

U.S.-U.S.S.R.

On May 18, 1977, Secretary of State Cyrus Vance and Soviet Foreign Minister Andrei Gromyko signed in Geneva an Agreement between the United States and the Soviet Union Concerning Cooperation in the Exploration and Use of Outer Space for Peaceful Purposes (TIAS 8732; entered into force on May 24, 1977). The Agreement calls for a continuation of several of the activities begun under the Agreement Concerning Cooperation in the Exploration and Use of Outer Space for Peaceful Purposes signed on May 24, 1972 (TIAS 7347; 23 UST 867; entered into force on May 24, 1972). These activities, which are set out in article 1 of the 1977 Agreement, include the exchange of rocket and satellite meteorological data and the development of methods of meteorological measurements from rockets and satellites; the study of natural environment through remote sensing of agricultural crops and natural vegetation areas; the exchange of data and experience from exploratory missions to the Moon, Mars, and Venus and the exchange of samples from lunar projects; the exchange of information on the biomedical aspects of manned space flight, including flight data, for the purpose of achieving common examination procedures; and the flight of U.S. biological experiments on Soviet biological satellites. Article I also calls for cooperation in one new project area: the experimental development of satellite search and rescue systems to locate and assist in the rescue of ships and aircraft in distress.

Article III of the new Agreement provides that the parties will cooperate "in the area of manned space flight . . . including the use in joint flights of compatible docking and rendezvous systems derived from those developed during the experimental flight of Apollo and Soyuz spacecraft in July 1975." In article IV the parties agree to "encourage international efforts to resolve problems of international law in the exploration and use of outer space for peaceful purposes with the aim of strengthening the legal order in space and further developing international space law. . . ."

The work of the Agreement is to be carried out by the appropriate national agencies, which are the U.S. National Aeronautics and Space Administration (NASA) and the Academy of Sciences of the

U.S.S.R. The Agreement is to remain in force until May 24, 1982, and then may be modified, terminated, or extended by mutual agreement of the parties.

Dept. of State File L/T.

Anti-Satellite Weapons

On December 13, 1977, Douglas J. Bennet, Jr., Assistant Secretary of State for Congressional Relations, wrote Representative Ronald V. Dellums to respond to a letter from Representative Dellums requesting answers to certain questions posed by a constituent regarding possible international law prohibitions on the development of anti-satellite weapons. In answering that there is presently no specific international prohibition on the development of such systems, Assistant Secretary Bennet's letter considered the provisions of the Treaty between the United States and the Soviet Union on the Limitation of AntiBallistic Missile Systems signed on May 26, 1972 (TIAS 7503; 23 UST 3462; entered into force on October 3, 1972), and the Treaty on Principles Governing the Activities of States in Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies done on January 27, 1967 (TIAS 6347; 18 UST 2410; 610 UNTS 205; entered into force for the United States on October 10, 1967).

Excerpts from Assistant Secretary Bennet's letter follow:

[S]everal articles have recently appeared in the press discussing reported efforts by the United States and the Soviet Union to develop anti-satellite capabilities. In his press conference of October 4, Secretary of Defense Brown stated that the Soviet Union has an operational anti-satellite capability and that the United States has undertaken a preliminary exploration and design effort in this area. Unfortunately, because of the highly sensitive nature of the subject matter, we are not in a position to comment further on this subject..

. Article XII (2) of the 1972 Treaty on the Limitation of AntiBallistic Missile Systems, to which [your constituent] refers as possibly prohibiting development of anti-satellite weapons, simply sets forth an undertaking "not to interfere with the national technical means of verification of the other Party" which are operating in a manner consistent with generally recognized principles of international law. By its terms, this provision prohibits interference rather than the development of means that could make such interference possible. An identical provision was contained in article V of the 1972 Interim Agreement on the Limitation of Strategic Offensive Arms.

[Your constituent] also cites the 1967 Outer Space Treaty. This Treaty clearly posits a general norm of peaceful use and inter

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national cooperation in space activities. In addition, article IV does impose prohibitions on the placement of weapons of mass destruction in orbit. Article V precludes the establishment of military bases, installations and fortifications on the Moon and other celestial bodies, and states that "the Moon and other celestial bodies shall be used. . . exclusively for peaceful purposes." The Treaty does not, however, contain any specific prohibition against the development of an anti-satellite capability.

As your constituent] notes, article IX of the Treaty requires that States Parties to the Treaty undertake appropriate international consultations before proceeding with activities or experiments in outer space which "would cause potentially harmful interference with the activities of other States Parties in the peaceful exploration and use of outer space." So long as they do not cause a "potentially harmful interference" within the meaning of this article, activities or experiments for the development of an anti-satellite capability are not in violation of this provision.

We do wish to point out, in regard to [your constituent's] inquiry concerning diplomatic approaches, that the question of arms limitations with respect to potential anti-satellite activities has in fact been taken up with the Soviet Union. In his March 9, 1977, press conference, President Carter indicated that the United States had made certain suggestions to the Soviet Union with regard to a possible agreement in this area. This topic was raised with the Soviets in March, and as Secretary Vance subsequently indicated in public comments, the United States and the Soviet Union have agreed to establish a bilateral working group to discuss such limitations. In testimony before a Subcommittee of the House International Relations Committee on October 26, Ambassador Marshall Shulman pointed out that we are now preparing proposals on this subject. President Carter has also recently stated that he expects negotiations on this topic to commence soon.

The United States is fully committed to the peaceful exploration and use of outer space by all States for the benefit of mankind and intends to conduct its activities in outer space in accordance with international law, including the Charter of the United Nations. We are very concerned by the prospect of another state deploying anti-satellite systems, and hope that we can succeed through negotiations in averting a potential arms competition in this field. However, there is presently no specific international prohibition on the development of such systems, which is precisely why we have pursued this question with the Soviet Union.

Dept. of State File No. P77 0190-1219.

Art. XII of the 1972 Treaty on the Limitation of Anti-Ballistic Missile Systems reads as follows:

1. For the purpose of providing assurance of compliance with the provisions of this Treaty, each Party shall use national technical means of verification at its disposal in a manner consistent with generally recognized principles of international law.

2. Each Party undertakes not to interfere with the national technical means of verification of the other Party operating in accordance with paragraph 1 of this Article.