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Abstract

In view of the increasing scale and broadening scope of the provision and use of in-flight internet connectivity by satellite, this article identifies relevant legal implications for States, satellite operators and airlines. With reference to international air law and international space law, as well as telecommunication law, this article discusses the extent to which existing law can alleviate legal concerns.

The article begins with an introduction that discusses the intersection of air and space, locating the provision and use of in-flight connectivity by satellite. A lack of political and legal consensus on where precisely to delineate outer space is explained next, in the context of the application of and fundamental bases of air law (sovereignty) versus space law (freedom). The relevant legal steps taken to achieve in-flight connectivity are considered separately within the air law and space law regimes. This article attempts to synthesize the two regimes as it explores the possible legal grounds for restricting in-flight connectivity by satellite, also as reflected by the practices on-board internet service providers and airlines. In its conclusion the article advocates for more freedom and less restriction "in the air," in the spirit of international space law.

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