The fact that national sovereignty did not extend to space above the nation was not always a given. Indeed, in the mid-1950s, the US State Department studied the issue thoroughly. The launch of Sputnik would save the day (setting a useful precedent for both the Soviets and the Americans). A second US State Department document (NSC5520) delves further into Freedom of Space, or the legality of launching satellites into orbit above other nations. It argues that preliminary studies do not conclude it is illegal, but simply not covered by specific agreements. The Americans, however, did not want to raise the issue with the Soviets to avoid drawing attention to their spy satellite program. The Soviets would resolve the issue anyway with the surprise launch of Sputnik.
