The Illusion of Legal Rights: Regulating AI-Powered Satellite Surveillance to Protect Privacy, Sovereignty and Security

Abstract. The rapid proliferation of AI-powered Geo-spatial technologies threatens to devalue privacy, sovereignty, and security into illusory rights. This paper investigates the rapid development of AI-powered satellite surveillance and its legal consequences guided by the following research question: How effective are current legal frameworks in addressing the risks posed by AI-powered geo-spatial surveillance, and what reforms are necessary to protect fundamental rights? The authors have scrutinised key international instruments and domestic statutes, including the Digital Personal Data Protection Act (2023), National Geo-spatial Policy (2022), Information Technology Act, 2000, UN Sustainable Development Goals (SDG 16) and analysed operational AI- satellite systems like SkySat (USA), RISAT-2B (India), Gaofen-7 (China), HawkEye 360 (USA) and Ofek- 16 (Israel) for technical diversity.

The authors have employed black-letter and comparative analysis to identify critical gaps in the existing legal and policy frameworks in light of increased international conflicts and covert governmental interventions. The study reveals key findings that the existing legal framework and policy fail to encapsulate dynamic AI-powered technology. Additionally, the paper looks into the roles of the stakeholders, commercial operators, watchdogs and civil society involved in geo-spatial AI satellite surveillance and outlines regulatory measures. To address these challenges, the study proposes a mandatory human rights impact audit, an independent geo-spatial oversight authority and comprehensive legislation to weave the collection of AI-geospatial data harmoniously into the complex web of human rights to keep the people's privacy and the nation's security and sovereignty intact.