## 6 Earth Observation, Archaeological Research and Spatial Privacy
Archaeological spying may just be the new flavour of this age-old problem of International Relations. The problem of clandestine remote sensing may emanate in two basic ways: First and perhaps most significant from the security of the territorial state's point of view is espionage by remote sensing. This problem was first dramatically exposed during the twilight years of the cold war era when a picture emerged in the _Jane's Defence Weekly_ in August 1984 and in an edition of the widely circulated UK _Times newspaper_ in the same month showing with extraordinary clarity the Soviet shipyard at Nikolajev on the Black Sea [115]. Inset in the picture was the emerging jigsaw of the construction of the premier Soviet naval 75,000-ton nuclear-powered aircraft. A second way in which clandestine remote sensing is employed is in the form of the gathering of data and images of the natural resources and environment of a territorial state. This includes collation of economically sensitive information about energy resources, hydrocarbon reserves, agriculture, fisheries, forestry, mining, shipping, cartography, wildlife migration patterns, heritage sites and human traffic flows [106; 116; 117]. Note also the controversies in international space law as to the spatial demarcation boundary plane issue whereby there is no certainty as to where in spatial terms the sovereignty of each state ends. Thus, it is difficult (among other issues) to show where exactly illegality of remote sensing begins. It is necessary to grapple with the existence of contrary views and interpretations according to which remote sensing is illegal only if violating some specific prohibitions (such as the prohibition to enter foreign airspace without the consent of the relevant state). In short: remote sensing or spying by satellites is not 'illegal' since to sense other countries without their consent and/or even without providing them with derived data is legitimate as long as such states have been given access to data 'on a non-discriminatory basis and on reasonable cost terms' -within the provisions of UN Resolution 41/65 (Principle XII). This particular provision is indeed considered as customary international law. The U.S. as a space power obviously championed the so called \"Open Skies\" policy according to which there is international availability of remotely sensed data on a non-discriminatory basis. Indeed the UN Remote Sensing Principles (UN Principles) largely follows this policy. It is also important to note the complete absence of protest against the overflight of Sputnik-I and following Soviet space objects [118]. It is however, not incontrovertible that clandestine remote sensing is good policy in international relations. The fact that sensed states have the right to access the primary data, processed data and analysed information on a non-discriminatory basis and on reasonable cost terms is an indication of the instinct of international policy on this sensitive issue. It is must however, be conceded that further arguments have to be to fine-tune the law in this area of space practice. This will be necessary in order to forestall the issue becoming a flashpoint in the occurrence of military tensions and disputes. The situation is indeed, 'an equal opportunity challenge. 'As technological prowess and commercial successes of private entities becomes more democratized, even powerful states are vulnerable. A writer admits this conclusion when he wrote:  
\"There is a dark side, however. Just as the military will have access to high-resolution commercial imagery, so too will the general public and foreign entities, allies and adversaries alike. Without proper protections, military movement and build-up, the lay-out of military facilities and even the locations of individual pieces of military equipment could be made available to the public eye within a matter of hours. Obviously, this circumstance could have grave consequences for military operations and U.S. national security\" [118].