Why AI and Nuclear Ambitions Are Outpacing Space Law
[2]
by Vishal Sharma, JURIST
The recent unveiling of Russia's Selena project [3], a nuclear power plant slated for the lunar surface by 2035 under the joint Russo-Chinese International Lunar Research Station program [4], has been hailed as a triumph of engineering. But beneath the proposed cooling towers lies a volatile reality. We are about to place the highest-stakes technologies of the 21st century—autonomous artificial intelligence (AI) and nuclear fission—on a legal foundation that has been frozen since the Cold War.
As we transition from brief exploration to permanent cislunar* infrastructure, we are entering a Jurisdictional Overlap. Here, the aging mandates of the 1967 Outer Space Treaty [5] (OST) are colliding with the digital-age realities of data sovereignty and AI liability. If we do not close this gap, the Moon won't just be a frontier; it will be a legal black site.
Sovereignty Friction: Article II vs. Article VIII
The central tension lies in the structural contradiction of the OST. Article II forbids "National Appropriation," decreeing the Moon as the province of all mankind. However, Article VIII grants States jurisdiction and control over their registered objects and personnel.
This creates a Legal Enclave problem. If a Russian nuclear reactor is managed by an autonomous AI, does the digital soil** it occupies become a de facto extension of Russian territory? This isn't just theoretical. If we apply Russian Federal Law No. 152-FZ [6] (on Personal Data) to the health and biometric data of a multinational crew on that base, we risk a creeping sovereignty. Under 152-FZ, personal data of citizens must be processed using databases located within Russian territory, a requirement that, when applied to a lunar base, effectively turns the province of humanity into a sovereign data colony.
Algorithm as Actor: The Liability Gap
The Selena project is designed for autonomy, introducing a terrifying gap in the 1972 Liability Convention [7]. International space law differentiates between Absolute Liability under Article II (for damage on Earth) and Fault-Based Liability under Article III (for damage in space).
Fault is a human-centric legal construct requiring proof of negligence or intent. How does a claimant prove fault when the damage—perhaps a radiological leak—is the result of a black-box AI algorithm? Under current frameworks, a State might argue that an unpredictable algorithmic error does not constitute fault, effectively shielding themselves from the consequences of a lunar catastrophe. We are in desperate need of a Strict Liability standard for autonomous space systems; under Article VI of the OST, states already bear international responsibility for national activities, yet we have no mechanism to hold an algorithm accountable.
Cyber-Kinetic Risks and the New Lex Spacialis
The liability gap becomes even more precarious when we recognize that these AI systems do not operate in isolation. We must stop viewing the Moon as a distant rock and start viewing it as a critical data environment. A nuclear reactor on the lunar surface is, in essence, the ultimate high-stakes IoT (Internet of Things) device.
A cyber-breach of a lunar power grid isn't a mere data leak; it is a kinetic event. It could render safety zones uninhabitable for centuries, violating the Article IX mandate to avoid harmful contamination. The traditional silos of Space Law and Tech Law are no longer sufficient. We are witnessing the birth of Cislunar Cyber Law, where the integrity of a firewall is as vital to life as the integrity of a spacesuit.
A Call for Legal Architects
Cislunar space is currently a gray zone of data privacy and algorithmic unaccountability. We cannot rely on the goodwill of spacefaring nations to fill this void.
The question for the legal profession is no longer if we will practice law on the Moon, but how we will protect the integrity of the digital frontier. We need a new Lex Spacialis, one that moves beyond the limitation of weapons and begins the far more difficult task of governing the data, the AI, and the nuclear heart of our next civilization.
The vacuum of space is being filled. The only question is whether it will be filled by the rule of law or the rule of the strongest signal.
* Cislunar: concerning the space between Earth and the Moon, where satellites and space stations orbit, and transport routes lie.
** Digital soil: De facto natonal territory, even where ostensibly prohibited by the Outer Space Treaty, on the basis of ownership of digital infrastructure placed in the area.
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Vishal Sharma is an AI governance advocate who specializes in data privacy and cyber law. He holds engineering and law degrees from NALSAR University in Hyderabad
This piece first appeared Jan. 9 in JURIST [8]. Used with permission.
Photo: NASA via Surfer Today [9]
Related:
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Al Jazeera [10], Feb. 3, 2026
The US really wants a nuclear reactor on the moon by 2030
Space.com [11], Jan. 13, 2026
From our Daily Report:
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Audio:
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See also:
NAGASAKI CALL FOR NUCLEAR ABOLITION
by Ramesh Jaura, IDN
CounterVortex [17], December 2013
DEATH OF LITERACY: DIGITAL TOTALITARIANISM
by Bill Weinberg, CounterVortex
CounterVortex [18], February 2015
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Reprinted by CounterVortex, Feb. 3, 2026
Used with permission.
