It's reported in the news that China have sent a balloon over America. Some say it's a spy camera and some say it's a weather balloon.
Has China broken any American or international laws, such as spying or trespass?
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Sign up to join this communityIt's reported in the news that China have sent a balloon over America. Some say it's a spy camera and some say it's a weather balloon.
Has China broken any American or international laws, such as spying or trespass?
First, it is highly unlikely that it would remain continuously exactly at 60,000 feet. I mention this because that altitude happens to be the boundary between Class "A" airspace, and Class "E". (see graphic below)
Class A airspace is the domain of a lot of commercial air traffic, so the FAA regulates it closely. Specific requirements for aircraft can be found in 14 CFR 91.135.
If no prior coordination was made with FAA Air Traffic Controllers, and no clearance was explicitly given, the balloon would be in violation of this regulation at a minimum.
Presuming it would drift above 60,000', it would still be in Class E airspace, which the FAA has jurisdiction over, even if the flight requirements are less stringent.
Specific requirements for balloons can be found in 14 CFR Subpart D, 101.33, 101.35, 101.37, and 101.39. Presuming the Chinese did not comply, it would also be in violation of these sections.
It is assumed that the balloon is at "about 60000 ft", which defines the upper boundary of US-regulated airspace, thus it is "uncontrolled" w.r.t. FAA regulations. There is no international law limiting vertical sovereignty. Thus there is no prohibition against intercepting the balloon.