ESA Project: Evidence from Space, Earth Observation in Legal Proceedings

History

Earth Observation (EO) systems offer opportunities to monitor behaviour, verify and enforce compliance with legal and administrative requirements in areas from environmental laws to urban planning, livestock disease control and verification of subsidy claims.

However, satellite-derived information has rarely been used as primary evidence in legal and administrative proceedings. The use and development of satellite-derived information has been almost exclusively technology-led. There has also been very limited interaction between lawyers and technology professionals in this area. As a result, there is limited awareness among lawyers and administrators about the range of satellite-derived information and the extent to which it is available.

Aim

In order to bring this type of information into wider use as evidence, it is essential to have greater cross-disciplinary cooperation and dialogue. A mechanism should also be developed to define the future needs of legal and administrative professionals and to point the way for the development of future technologies.

It must also be demonstrated that satellite-derived information can provide a rigorous, reliable legal tool. Assurance is needed that such information can be operationally effective, and can lead to positive outcomes in courts, tribunals and in administrative proceedings. Furthermore, it must be shown that judges, tribunal members and administrative officials will accept its use.

A variety of issues need to be considered and resolved before satellite-derived information is to be used in courts, including the key issue of admissibility. There must also be analysis of where this information has been used as evidence in the courts, whether successfully or unsuccessfully.

The study

While there have been studies looking at specific aspects of the use of such information, ESA considered that it was time for a fresh look at the subject. Satellite capabilities have improved and awareness of satellite imagery has increased. This study looked at previous research, carried out fresh research, and extended and broadened the dialogue.

The Final Report is posted here.  Please let us know if you would like a bound copy of the report for your library, institution or for your own use.

The Project was commissioned by ESA ESRIN, the European Space Agency’s Centre for Earth Observation.