SETI, Metalaw, and Social Media

Abstract

The discovery of intelligent extraterrestrial life will thrust Mankind into a new relationship, and the manner in which Mankind interacts in the engagement of that relationship will be governed by the rules of Metalaw. Whether to engage in communication, and if so, the content of the communication, have direct metalegal consequences. The SETI Committee of the International Academy of Astronautics (IAA) has formulated Protocols regarding activities following the detection of ETI, and the sending of communications to ETI. These Protocols, which have received widespread acceptance within international organizations and the SETI community, implicitly reflect metalegal principles. However, these documents were formulated more than 20 years ago, and although some revisions occurred in 2010, they predate and thus do not consider social media and its implications. Social media represents a revolution in communications, and this article examines the significant implications of social media for the Protocols and application of the metalegal principles expressed therein.

Appendices

Annex I

Declaration of Principles Concerning Activities Following the Detection of Extraterrestrial Intelligence

We, the institutions and individuals participating in the search for extraterrestrial intelligence,

Recognizing that the search for extraterrestrial intelligence is an integral part of space exploration and is being undertaken for peaceful purposes and for the common interest of all mankind,

Inspired by the profound significance for mankind of detecting evidence of extraterrestrial intelligence, even though the probability of detection may be low,

Recalling the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, which commits States Parties to that Treaty “to inform the Secretary General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations and results” of their space exploration activities (Article XI),

Recognizing that any initial detection may be incomplete or ambiguous and thus require careful examination as well as confirmation, and that it is essential to maintain the highest standards of scientific responsibility and credibility,

Agree to observe the following principles for disseminating information about the detection of extraterrestrial intelligence:

• 1. Any individual, public or private research institution, or governmental agency that believes it has detected a signal from or other evidence of extraterrestrial intelligence (the discoverer) should seek to verify that the most plausible explanation for the evidence is the existence of extraterrestrial intelligence rather than some other natural phenomenon or anthropogenic phenomenon before making any public announcement. If the evidence cannot be confirmed as indicating the existence of extraterrestrial intelligence, the discoverer may disseminate the information as appropriate to the discovery of any unknown phenomenon.

• 2. Prior to making a public announcement that evidence of extraterrestrial intelligence has been detected, the discoverer should promptly inform all other observers or research organizations that are parties to this declaration, so that those other parties may seek to confirm the discovery by independent observations at other sites and so that a network can be established to enable continuous monitoring of the signal or phenomenon. Parties to this declaration should not make any public announcement of this information until it is determined whether this information is or is not credible evidence of the existence of extraterrestrial intelligence. The discoverer should inform his/her or its relevant national authorities.

• 3. After concluding that the discovery appears to be credible evidence of extraterrestrial intelligence, and after informing other parties to this declaration, the discoverer should inform observers throughout the world through the Central Bureau for Astronomical Telegrams of the International Astronomical Union, and should inform the Secretary General of the United Nations in accordance with Article XI of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Bodies. Because of their demonstrated interest in and expertise concerning the question of the existence of extraterrestrial intelligence, the discoverer should simultaneously inform the following international institutions of the discovery and should provide them with all pertinent data and recorded information concerning the evidence: the International Telecommunication Union, the Committee on Space Research, of the International Council of Scientific Unions, the International Astronautical Federation, the International Academy of Astronautics, the International Institute of Space Law , Commission 51 of the International Astronomical Union and Commission J of the International Radio Science Union.

• 4. A confirmed detection of extraterrestrial intelligence should be disseminated promptly, openly, and widely through scientific channels and public media, observing the procedures in this declaration. The discoverer should have the privilege of making the first public announcement.

• 5. All data necessary for confirmation of detection should be made available to the international scientific community through publications, meetings, conferences, and other appropriate means.

• 6. The discovery should be confirmed and monitored and any data bearing on the evidence of extraterrestrial intelligence should be recorded and stored permanently to the greatest extent feasible and practicable, in a form that will make it available for further analysis and interpretation. These recordings should be made available to the international institutions listed above and to members of the scientific community for further objective analysis and interpretation.

• 7. If the evidence of detection is in the form of electromagnetic signals, the parties to this declaration should seek international agreement to protect the appropriate frequencies by exercising procedures available through the International Telecommunication Union. Immediate notice should be sent to the Secretary General of the ITU in Geneva, who may include a request to minimize transmissions on the relevant frequencies in the Weekly Circular. The Secretariat, in conjunction with advice of the Union’s Administrative Council, should explore the feasibility and utility of convening an Extraordinary Administrative Radio Conference to deal with the matter, subject to the opinions of the member Administrations of the ITU.

• 8. No response to a signal or other evidence of extraterrestrial intelligence should be sent until appropriate international consultations have taken place. The procedures for such consultations will be the subject of a separate agreement, declaration or arrangement.

• 9. The SETI Committee of the International Academy of Astronautics, in coordination with Commission 51 of the International Astronomical Union, will conduct a continuing review of procedures for the detection of extraterrestrial intelligence and the subsequent handling of the data. Should credible evidence of extraterrestrial intelligence be discovered, an international committee of scientists and other experts should be established to serve as a focal point for continuing analysis of all observational evidence collected in the aftermath of the discovery, and also to provide advice on the release of information to the public. This committee should be constituted from representatives of each of the international institutions listed above and such other members as the committee may deem necessary. To facilitate the convocation of such a committee at some unknown time in the future, the SETI Committee of the International Academy of Astronautics should initiate and maintain a current list of willing representatives from each of the international institutions listed above, as well as other individuals with relevant skills, and should make that list continuously available through the Secretariat of the International Academy of Astronautics. The International Academy of Astronautics will act as the Depository for this declaration and will annually provide a current list of parties to all the parties to this declaration.

Adopted by the International Academy of Astronautics, 1989

Annex II

Draft Declaration of Principles Concerning Sending Communications with Extraterrestrial Intelligence

• 1. International consultations should be initiated to consider the question of sending communications to extraterrestrial civilizations.

• 2. Consultations on whether a message should be sent, and its content, should take place within the Committee on the Peaceful Uses of Outer Space of the United Nations and within other governmental and non-governmental organizations, and should accommodate participation by qualified, interested groups that can contribute constructively to these consultations.

• 3. These consultations should be open to participation by all interested States and should be intended to lead to recommendations reflecting a consensus.

• 4. The United Nations General Assembly should consider making the decision on whether or not to send a message to extraterrestrial intelligence, and on what the content of that message should be, based on recommendations from the Committee on the Peaceful Uses of Outer Space and from governmental and non-governmental organizations.

• 5. If a decision is made to send a message to extraterrestrial intelligence, it should be sent on behalf of all Humankind, rather than from individual States.

• 6. The content of such a message should reflect a careful concern for the broad interests and wellbeing of Humanity, and should be made available to the public in advance of transmission.

• 7. As the sending of a communication to extraterrestrial intelligence could lead to an exchange of communications separated by many years, consideration should be given to a long-term institutional framework for such communications.

• 8. No communication to extraterrestrial intelligence should be sent by any State until appropriate international consultations have taken place. States should not cooperate with attempts to communicate with extraterrestrial intelligence that do not conform to the principles of this Declaration.

• 9. In their deliberations on these questions, States participating in this Declaration and United Nations bodies should draw on the expertise of scientists, scholars, and other persons with relevant knowledge.

Proposed by the SETI Committee of the International Academy of Astronautics, 1995

Annex III

Declaration of Principles Concerning the Conduct of the Search for Extraterrestrial Intelligence

Preamble

The parties to this declaration are individuals and institutions participating in the scientific Search for Extraterrestrial Intelligence (SETI).

The purpose of this document is to declare our commitment to conduct this search in a scientifically valid and transparent manner and to establish uniform procedures for the announcement of a confirmed SETI detection.

This commitment is made in recognition of the profound scientific, social, ethical, legal, philosophical and other implications of a SETI detection. As this enterprise enjoys wide public interest, but engenders uncertainty about how information collected during the search will be handled, the signatories have voluntarily constructed this declaration. It, together with a current list of signatory parties, will be placed on file with the International Academy of Astronautics (IAA).

Principles

• 1. Searching: SETI experiments will be conducted transparently, and its practitioners will be free to present reports on activities and results in public and professional fora. They will also be responsive to news organizations and other public communications media about their work.

• 2. Handling candidate evidence: In the event of a suspected detection of extraterrestrial intelligence, the discoverer will make all efforts to verify the detection, using the resources available to the discoverer and with the collaboration of other investigators, whether or not signatories to this Declaration. Such efforts will include, but not be limited to, observations at more than one facility and/or by more than one organization. There is no obligation to disclose verification efforts while they are underway, and there should be no premature disclosures pending verification. Inquiries from the media and news organizations should be responded to promptly and honestly. Information about candidate signals or other detections should be treated in the same way that any scientist would treat provisional laboratory results. The Rio Scale, or its equivalent, should be used as a guide to the import and significance of candidate discoveries for the benefit of non-specialist audiences.

• 3. Confirmed detections: If the verification process confirms – by the consensus of the other investigators involved and to a degree of certainty judged by the discoverers to be credible – that a signal or other evidence is due to extraterrestrial intelligence, the discoverer shall report this conclusion in a full and complete open manner to the public, the scientific community, and the Secretary General of the United Nations. The confirmation report will include the basic data, the process and results of the verification efforts, any conclusions and interpretations, and any detected information content of the signal itself. A formal report will also be made to the International Astronomical Union (IAU).

• 4. All data necessary for the confirmation of the detection should be made available to the international scientific community through publications, meetings, conferences, and other appropriate means.

• 5. The discovery should be monitored. Any data bearing on the evidence of extraterrestrial intelligence should be recorded and stored permanently to the greatest extent feasible and practicable, in a form that will make it available to observers and to the scientific community for further analysis and interpretation.

• 6. If the evidence of detection is in the form of electromagnetic signals, observers should seek international agreement to protect the appropriate frequencies by exercising the extraordinary procedures established within the World Administrative Radio Council of the International Telecommunication Union.

• 7. Post Detection: A Post-Detection Task Group under the auspices of the IAA SETI Permanent Study Group has been established to assist in matters that may arise in the event of a confirmed signal, and to support the scientific and public analysis by offering guidance, interpretation, and discussion of the wider implications of the detection.

• 8. Response to signals: In the case of the confirmed detection of a signal, signatories to this declaration will not respond without first seeking guidance and consent of a broadly representative international body, such as the United Nations.

As revised 2010