## 6 Earth Observation, Archaeological Research and Spatial Privacy
He developed the idea that hitherto a state's territory is its castle. According to this analogy:  
A state's territory is its castle. No one is allowed to enter it without its permission... although aviation has added an extra dimension to the problem of states in controlling what goes on in their territory, their grip in law and in fact remains unaltered, so much so that from the legal point of view the world resembles a series of immense airtight petroleum storage tanks representing the various national States with their three-dimensional sovereignty... the arrival of the space age was as if the lid on the tank was suddenly ripped off. And, if we can change the image, it was like opening up an ant-hill with all the ants inside scurrying round wondering how to cover themselves and their secrets and stores\" [106]. Where remote sensing is conducted by the mutual agreement between states or between private corporations and states there would be little controversy. The legality of such activities would be manifest as long as the activities fall within the express or implied agreement between the pertinent parties. Thus, for instance, the exact geographic position to be remote sensed would usually be identified. The particular features or resources to be searched for may also have been provided for. In this way the body in charge of conducting the remote sensing operations is bound by this agreement and ought not to go beyond it or retain information that is derived in the course of the remote. It is thus suggested that remote sensing contracts over national territory constitutes a kind of contract of agency. In which case the principal is the state acquiring the required data and/or imagery and the agent is the state or corporate body conducting the scientific aspects of the task and owning or operating the requisite satellites. In this manner the normal duties of a commercial agent to his principal ought to apply and in performing his activities a commercial agent must look after the interests of his principal and act dutifully and in good faith [107; 108; 109; 110; 111; 112; 113]. In relation to areas within state territory or jurisdictional competence, the prohibition of clandestine gathering of data is irrefutable and the privacy of states is supported by international law and state practice. Clandestine as used here is not exactly the same as illegal but is wider in meaning to include bad practice and policy of hostile intentions. The general slant of international law is towards protection of the sovereignty and privacy of states. This is further buttressed by the important restrictions in the international regulation of various easements granted to foreign states in areas and zones that expose the territorial state to security concerns. Article 38 of the LOSC (1982) which regulates transit passage in straits used for international navigation includes an important caveat namely--that in relation to research and survey activities during transit passage, foreign ships, including marine scientific research and hydrographic survey ships, may not carry out any research or survey activities without the prior authorization of the States bordering straits. Article 40 which deals with research and survey activities further entrenches an anti-clandestine approach to collection of data by stating that during transit passage, foreign ships, including marine scientific research and hydrographic survey ships, may not carry out any research or survey activities without the prior authorization of the States bordering straits. Relevant state practice may be seen in the reaction of the US to the U2 incident witnessing the flight of US aircraft over Soviet territory and the subsequent downing of the erring aircraft, the US not only apologized for the event but made diplomatic assurances that such reconnaissance aerial flights will no longer be made [106; 114]. Remote sensing operations conducted through clandestine means, however, is the new bug bear of international relations.