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HARMONIZING TECHNOLOGY AND LAW FOR LUNAR RESOURCE UTILIZATION: MACHINE LEARNING STANDARDS AND ALGORITHMIC APPROACHES TO CRATER MINING AND ICE HARVESTING UNDER THE MOON TREATY AND ARTEMIS ACCORDS

J. Sandalinas

SMD. 2025;(1):61-67

This research examines the legal challenges posed by the Moon Treaty and the Artemis Accords, focusing on whether these instruments contemplate and integrate technological advancements, particularly the application of machine learning standards and algorithmic approaches to crater mining and ice harvesting on the Moon. Lunar activities require significant technological reassessments to address challenges such as the Moon’s lack of atmosphere, particularly regarding unmanned aerial operations. These activities, aimed at detecting water ice on lunar soil, necessitate technical innovations that raise critical questions about the intellectual property status of emerging lunar technologies. Innovation beyond the current technical status quo demands advancements in state-of-the-art technologies, which, in turn, necessitate updates to legal standards, especially concerning intellectual property issues related to space technologies. The study explores how the Moon Treaty and the Artemis Accords integrate technology and law, how they could accommodate machine learning standards and algorithmic approaches for lunar exploration, and how both legal instruments address intellectual property matters concerning technological developments for lunar applications, particularly intangible assets like algorithms. Machine learning standards and algorithms, as intangible assets, possess unique characteristics that intersect with the challenges of lunar resource exploration and exploitation. These technologies, deployed via drones or unmanned lunar vehicles, must overcome the Moon’s unique atmospheric challenges, vastly different from those on Earth. This paper presents a cutting-edge strategy for exploiting lunar resources within the legal boundaries of the Moon Treaty and the Artemis Accords. Recent research proposes employing advanced fixed-wing lunar drones equipped with vertical take-off and landing (VTOL) capabilities, sophisticated navigation systems, and robotics optimized for crater mining and ice harvesting [1]. These drones utilize a comprehensive array of sensors and are equipped with machine learning algorithms, enabling them to independently navigate and harvest resources on the lunar surface, particularly in permanently shadowed regions abundant with water ice. These discoveries underscore the viability of using local resources (ISRU) to facilitate a lasting human settlement on the Moon, demonstrated by the processing of collected ice into oxygen and hydrogen fuel. Furthermore, the research thoroughly reviews the legal implications in accordance with the Moon Treaty and Artemis Accords, focusing on the challenges associated with the exploitation of resources, adherence to the principle of non-appropriation, commitment to peaceful exploration, and fostering global cooperation and commitment to preserving the lunar environment. By situating the technological developments in the context of the Lunar NewSpace Economy—propelled by international collaboration and public-private partnerships— and recent lunar missions, the study sheds light on the evolving landscape of lunar exploration and exploitation. The author calls for a harmonized international legal framework that balances the principles of free exploration and exploitation with the ethical and ecological imperatives of space activities. This paper contributes to the discourse on legal and technological strategies for harnessing lunar resources, advocating for a future where lunar exploration is conducted within a framework of global cooperation, environmental respect, and shared benefits for all humanity. As humanity advances towards sustained lunar presence, machine learning (ML) technologies play an increasingly critical role in optimizing resource utilization. This paper discusses the integration of ML standards for crater mining and ice harvesting on the Moon, addressing regulatory frameworks such as the Moon Treaty and Artemis Accords, technical challenges in applying ML, and provides conclusions based on intellectual property law analogies.

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