Could Estonia's e-Residency Pave the Way for e-Residency in Space?

The Northumbria University Law School is home to an expert Space Law Team researching on current legal issues and challenges in Earth’s orbits, on celestial bodies, and across tech such as governance challenges regarding cybersecurity or the use of AI with satellite systems. The Law School also hosts various space law and regulating tech modules at the undergraduate and master’s levels. The Law School includes two Space Law LLM Programmes: Space Law LLM (full-time) and Space Law LLM (part-time, distance learning). To learn more about space law at the Northumbria University Law School please visit: https://www.northumbria.ac.uk/business-services/research-and-consultancy/space/space-law-and-policy/

Paul Jobes, MLaw Student, Northumbria University, Newcastle

Key Words: Space Law, International, Estonia, E-residency

Image of Tallinn Old Town, Estonia in winter [Published prior to 5 June 2017] Unsplash

When the Schengen zone of the European Union was introduced, we got very close to borders almost no longer existing. Now, imagine taking this concept to the next level, where an entire community exists without borders at all. An entire cyber community that extends far beyond physical borders. This is exactly what the Baltic country of Estonia has begun exploring through its e-citizenship programme. A digital innovation that could influence future governance and perhaps inspire governance in an area far beyond your current location: outer space.

 

Estonia’s Digital Leap

Estonia is a global leader in digitalisation and this has gone fairly unnoticed by others, especially if you compare it to a country such as Japan. Since its independence from the Soviet Union in 1991, it has made incredible advances in technology. Nearly 99% of all Estonian state services are accessible online and its entire Parliament is completely paperless. However, in 2014, the country introduced a concept that had never previously been seen – e-residency. The service enables citizens of other countries to establish businesses in Estonia, access the European Union’s business environment and use of Estonian public e-services. And thus, they gain Estonian e-citizenship. However, it is not full citizenship. E-residents do not enjoy all the benefits of an actual citizen; they lack physical citizenship, the ability to hold an Estonian passport or things such as voting rights. It is purely a method used to set up business in the Baltic nation. But, despite some of the drawbacks, it hasn’t stopped over 119,000 people from across the globe embracing the concept and becoming e-residents.

With the likes of Elon Musk’s Starlink getting closer and closer to space, it goes without saying that space exploration may begin to expand. Humanity is beginning to think about extra-terrestrial settlements and to protect space, innovative governance models are needed now more than ever. Whilst Musk may be a long way from forming civilisations on other planets, with the speed of technological advancements nowadays, we cannot simply just brush this thought off anymore. This, therefore, means that Estonia’s e-citizenship provides a fascinating question: could this type of model be used in outer space?

Is Outer Space the Next Frontier for Digital Governance?

The typical way of gaining citizenship in another country, often requires physical presence for several years and rigorous assessments before swearing allegiance to said country’s head of state. But this traditional model will struggle to adapt to outer space. Indeed, how would one define residency of Mars or the Moon? Now, physical presence is not possible, nor do these celestial bodies have a head of state.  Estonia’s e-residency offers a potential opportunity for digital governance. A framework that could open the door and allow individuals right across the globe to engage in economic and municipal activity in space, regardless of their geographical location.

This idea of an e-residency in space may sound alien to some but it is not as unthinkable as it may initially seem. Entrepreneur Balaji Srinivasan has championed what he defines as “network states”. These are communities that involve a group of people with shared ideas, interests and goals. They are initially created virtually, before gaining the potential to develop physical characteristics.

To put this concept into perspective, think along the lines of tech entrepreneurs beginning a business online before deciding to open a physical head office. Indeed, a company such as YouTube could be described like this, it began online before physically purchasing a multi-million-dollar office. An outer space e-residency programme could enable individuals to trade, contribute economically and build some form of community which leads to governance forming. This could then lead to “network states” forming and potentially acquiring land beyond Earth. It may seem like something straight out of a science fiction book, but as technology advances, we could soon see habitation above our skies. In the exact same way that Estonia currently has e-citizens who may never have even stepped foot on Baltic soil.

Have you checked the small print?

Before e-residency in space becomes a reality, there will certainly be large legal hurdles. The Outer Space Treaty (OST) of 1967 is the key piece of international law currently governing space. A major principle within this treaty is non-appropriation (Article II), which clearly states that no nation can claim sovereignty over celestial bodies, such as the Moon or Mars. This presents the first fundamental challenge. If, no nation can claim territory, can a government still issue e-residency linked to space governance?

One possible solution is what has earlier been discussed in this writing regarding Balaji Srinivasan’s network states. A group of individual people will form a community with intentions of trading on space and then eventually, many years later, this will lead to a physical presence. It’s a legal loophole and one that will surely raise questions. Because, technically, if it is purely just a community claiming sovereignty, this can be interpreted as not being a nation. It has happened previously. Take the micronation of Westarctica which is a self-proclaimed piece of land in Antarctica. The Antarctic Treaty says no country can claim territory there but falls short of mentioning individuals hence the current Grand Duke of Westarctica claimed the land.

These communities would be independent from Earth jurisdiction and puts non-appropriation into serious question. Further to this there are many other questions that would need to be asked. Would individuals be purely "space citizens," or would they maintain dual status with their home country? Would e-residency provide legal rights, or would it simply serve as a financial and administrative tool?

This is where Estonia’s model may play a big role. If a UK citizen wishes to have e-residency in Estonia it is possible. They simply retain their UK citizenship and then gain the e-citizenship. They are still a UK national because Estonia is not granting them full citizenship. It seems fair to say that this is likely how any form of citizenship of space would begin and we probably don’t truly know what would happen after that, until we know for certain how people will be transported between Earth and outer space. Leaving many questions unanswered.

Leave Reality at Home

The truth is that whilst the idea of space citizenship may sound brilliant to some, a reality check is still needed. Indeed, one of the major problems is that outer space is far away from Earth and in times of crisis may struggle to get the support it requires. In 2007, Estonia itself was the victim of cyberattacks¹, highlighting the importance of robust cybersecurity in any space-based e-residency model. While Estonia could easily rely on international assistance during these attacks, such assistance in space would be more difficult considering the distance from Earth.

Furthermore, the question of accessibility and fairness needs to be looked at. If space-based e-residency takes off, it must find the right balance between protecting innovation in space and ensuring security. E-citizens must gain tangible benefits, and it should not merely be a tool for the issuer to gain economic advantages. Ethics must be considered - who gets access, what do they get access to and under what terms? There is a significant risk that only the wealthiest will benefit which will of course be highly unfair.

The Future:

As you look to the night sky tonight, you may just have a few more questions in mind that you previously didn’t. Perhaps you stand in Estonia, a place where borders are viewed very differently to other parts of the world. Now, as you continue to look at the night sky consider how a governance model may one day allow you to be a citizen of what you are looking directly at.

It may take some planning and may take many years yet. But, if the model that Estonia uses continues to see success, then we might just see space-based residency coming into play. Estonia doesn’t provide all the answers, but it may have almost certainly inadvertently influenced the future forever.