The First Crime Committed in Space?

Two people end their marriage. One decides to steal the identity of their ex to examine their personal spending. A fairly common situation (unfortunately), but this time the story is different: the identity thief is an American astronaut, and the alleged crime took place during her mission on the International Space Station. Beyond using NASA networks and property for such a maneuver, there are many foundational questions. What happens with the law? Which jurisdiction are we talking about? If this is the first crime in space, how will the rest be resolved?

The astronaut in question

Anne Charlotte McClain holds the rank of lieutenant colonel in the United States Army, is an engineer, and a NASA astronaut. She served as flight engineer on Expeditions 58 and 59 of the International Space Station, accumulating just over 203 days in space. She also devoted herself to rugby, and had it not been for her earlier commitments, she might have had a professional career in that sport. At first glance, McClain seems like the perfect astronaut, but our personal lives can be more chaotic than many imagine.

The accusation and the alleged identity theft

McClain was married to Summer Worden, a former Air Force intelligence officer. The separation was basically a nightmare, and with a child in the middle (Worden has a son), everything became more complicated. But there is more: Worden filed a complaint with the FTC, accusing McClain of identity theft. What happened? Worden noticed her former wife had precise data about her expenses. After contacting her bank and asking for the locations of the computers that had accessed her credentials, she found one that was registered to NASA. The accusation did not take long to arrive: McClain allegedly entered Worden's account while she was on the International Space Station.

McClain's explanation, through her lawyer, is that she accessed the account to check there were enough funds for paying services “and” the little one's needs, always with Worden's supposed consent. In early 2018, McClain accused her ex-spouse of having an explosive temper and of making “very poor financial decisions.” At the same time, she sought shared parental rights in a local court. McClain tried to legally adopt the child, something Worden resisted even while they were married.

Which law applies in orbit?

Besides the FTC, the case also went to NASA's Office of the Inspector General, which investigates fraud, abuse, waste and other crimes through the agency. Both McClain and Worden will have to settle their situation “on the ground,” but if the crime took place in space… where do you start?

First, investigators still have to prove whether there really was a crime. Second, things are fairly clear inside the station. The so-called Intergovernmental Cooperation Agreement establishes that each country has direct jurisdiction over its own people there, as long as it doesn't affect someone from another country. McClain and Worden are US citizens, as are the account accessed and the infrastructure. Whatever decision is made, it will be in the United States.

The problem is... that the rest of space is “not” the United States. If we really already have the first crime committed in orbit, a second or third is inevitable. The number of private companies involved in space development is growing, and the legal framework available regarding crime is limited.

The famous Outer Space Treaty says governments are responsible for what every commercial company and/or private entity does in space, but this applies to major crimes. Things like theft or identity theft will need something much more precise, and if we are going to fill orbit with tourists, better hurry.

Source: New York Times

Source: The Verge