united-states trespass air-travel china espionage
Is the China balloon breaking any laws?
<p>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.</p>
<p>Has China broken any American or international laws, such as spying or trespass?</p>

<p>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 &quot;A&quot; airspace, and Class &quot;E&quot;.  (<em>see graphic below</em>)</p>
<p><a href="https://i.stack.imgur.com/2lkVz.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/2lkVz.png" alt="enter image description here" /></a></p>
<p>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 <a href="https://www.law.cornell.edu/cfr/text/14/91.135" rel="nofollow noreferrer">14 CFR 91.135</a>.</p>
<p>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.</p>
<p>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.</p>
<p>Specific requirements for balloons can be found in 14 CFR Subpart D, <a href="https://www.law.cornell.edu/cfr/text/14/101.33" rel="nofollow noreferrer">101.33</a>, <a href="https://www.law.cornell.edu/cfr/text/14/101.35" rel="nofollow noreferrer">101.35</a>, <a href="https://www.law.cornell.edu/cfr/text/14/101.37" rel="nofollow noreferrer">101.37</a>, and <a href="https://www.law.cornell.edu/cfr/text/14/101.39" rel="nofollow noreferrer">101.39</a>.  Presuming the Chinese did not comply, it would also be in violation of these sections.</p>
