The Alleged First Crime In Space- Anne McClain’s Case

first crime in space

When we talk about space exploration we might expect to read about scientific milestones or groundbreaking discoveries. But in a twist of tale, that sounds like a plot of a sci-fi movie, space became the setting for a legal drama. Yes, we are talking about the first crime in space. 

This is the intriguing story of Anne McClain, a NASA astronaut, who was accused of committing one of the first space crimes. 

Let’s have a look at what the story is about, what happens when an alleged crime is committed in space and what laws in space come into play. 

What did Anne McClain do?

McClain was a reputed NASA astronaut on a six-month mission on the International Space Station (ISS). With an impressive military and aerospace background, she was all set to be a part of NASA’s first astronaut female spacewalk.

However, this role was canceled at the last minute as NASA claimed that a spacesuit of her size was not available. Really? People speculate that this had less to do with spacesuit availability issues and more to do with the legal battle McClain was facing at that time. 

This legal battle even outed McClain’s sexuality. 

McClain’s estranged wife, Summer Worden, noticed an unusual login in her bank account. Worden is the founder and chief executive of Filly Intelligence LLC which is a security service firm. 

She also has a background in the U.S. Air Force and Intelligence Community.

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Putting her former intelligence background to work, she investigated the matter only to find out that the computer used to access her accounts was registered to NASA. 

McClain acknowledged and accepted that she had accessed Worden’s account from the ISS but had no malicious intent. According to her, she regularly checked Worden’s accounts, even from Earth, to ensure that Worden was financially stable enough to support Worden’s son – who they had been raising together prior to the split.

Anne McClain at the ISS
NASA astronaut Anne McClain at the International Space Station in January 2019.

This didn’t sit well with Worden. She filed a complaint with the Federal Trade Commission and NASA’s Office of Inspector General (OIG), accusing McClain of identity theft and improper access to her private financial records. This made her the first person to file a crime committed in space.

Thus started investigations to get to the bottom of the first ever space crime.

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What happens when an alleged crime occurs in space?

The concept of space crimes might sound extraterrestrial. However, the five space agencies in the space station — the United States, Russia, Japan, Europe and Canada – have contingency plans for such rare occasions if their employees commit space crimes. 

So what exactly is the procedure when you commit a crime in space?  And if you do commit an extraterrestrial crime, are there any laws in space to persecute you for the same? 

The ISS is governed by international agreements, primarily the Outer Space Treaty of 1967 and the ISS Intergovernmental Agreement (IGA). According to these agreements, any crime committed aboard the ISS falls under the jurisdiction of the nation that sent the alleged perpetrator to space.

So if an Indian national astronaut commits a felony in space, they would be subjected to Indian laws. In this case, McClain was prosecuted by U.S. authorities back on Earth. She swore under oath that she was just doing what she had always done. The only thing she was guilty of was ensuring her family’s financial condition was in order. 

McClain showed full cooperation throughout the investigation. She only wanted to monitor her family’s finances. This, according to her, was a legitimate reason and a part of her regular practice. Moreover, no signs of wrongdoing or missing funds were noticed. 

NASA’s OIG led the investigation and scrutinized every digital record to understand McClain’s actions. Ultimately, the investigation concluded that McClain had not committed any crime. 

The evidence suggested that she had used the credentials that were already shared with her, with permission. There was no indication of identity theft or malicious intent. This led to her former spouse, Summer Worden, being charged with lying to federal investigators. 

Thereafter, NASA also released a statement in an effort to clear McClain’s name and restore her integrity. However, the damage was already done. This legal drama did impact her career and public image, labeling her as the first criminal female astronaut. 

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Although this might have been what’s now called the first crime in space, it most certainly won’t be the last. As NASA employees spend more time exploring space, such matters of wrongdoing are bound to happen sooner or later. 

These are some other examples of crime in space:

  1. In 2011, a sting operation was conducted by a team from NASA. In that, they targeted a space engineer’s widow who was looking to sell a moon rock. This was not technically a crime as she didn’t steal anything. 
  2. In 2013, a Russian satellite was damaged after colliding with debris from a satellite that China had destroyed in a 2007 missile test. This led to a chain of political reactions. 
  3. In 2017, an Austrian businessman sued a space tourism company, seeking to recover his deposit for a planned trip that was not progressing. We can definitely expect this example of crime in space coming again as space tourism is much in talks. 

Justice Beyond Earth 

The question of can you commit crimes in space or not and will you be prosecuted for it is quite complex. The alleged first crime in space has significant implications for the future of space exploration and space law. Although this might allegedly be the first crime in space, it serves as an example of severe challenges that could arise with the increasing human activities in space.

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