Is It Legal — or Is It Justified by National Security?
Starshield’s defenders might argue that unconventional transmissions are necessary for national security. The NRO describes the system as designed for “enhanced resilience” — a phrase often associated with anti-jamming and covert communication capabilities. By transmitting in bands not typically monitored for downlinks, Starshield could conceal its activities, improve data-return speed, or resist foreign interception.
However, these justifications come with ethical and legal consequences. The ITU’s regulatory framework was established precisely to prevent such conflicts, ensuring the safe coexistence of civilian, scientific, and military systems. Even if Starshield’s downlinks are lawful under classified waivers or special permissions, the absence of public disclosure raises red flags about transparency and accountability.
If SpaceX or the NRO have indeed chosen to “do it and ask forgiveness later,” as Gifford speculated, the strategy could undermine decades of international spectrum coordination.
