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Mike Gold, Tuesday, 7-1-14 July 2, 2014

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Mike Gold, Tuesday, 7-1-14

http://archived.thespaceshow.com/shows/2272-BWB-2014-07-01.mp3

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Guest:  Mike Gold.   Topics:  Office of Commercial Space Transportation (COMSTAC) Advisory Committee & Bigelow Aerospace updates.  Please direct all comments and questions regarding Space Show programs/guest(s) to the Space Show blog, http://thespaceshow.wordpress.com.  Comments and questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright and are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information. In addition, please remember that your Amazon purchases can help support The Space Show/OGLF. See http://www.onegiantleapfoundation.org/amazon.htm.  For those listening to archives using live365.com and rating the programs, please email me as to why you assign a specific rating to the show. This will help me bring better programming to the audience.

We welcomed back Mike Gold, particularly in his new position as the Chair of the Office of Commercial Space Transportation (COMSTAC) Advisory Committee, as well as for Bigelow Aerospace updates in the second half of our program.  During the first segment of our one hour discussion, Mr. Gold talked about the Office of Commercial Space Transportation, the COMSTAC which is the Advisory Committee of which he is the new Chair. He also explained the relationship of the COMSTAC with the FAA AST and let us know that their meetings are open to the public.  Announcements, archived videos and other important COMSTAC information can be found on their website at http://www.faa.gov/about/office_org/headquarters_offices/ast/advisory_committee.  ITAR reform was also a big part of our discussion.

In the second segment, Mr. Gold provided us with Bigelow Aerospace updates.  We started with Tony’s email about the Landis Land orbit in the Venusian Atmosphere in which in which he inquired if Bigelow or anyone had any plans to put a habitat in that orbit.  Mile’s response seemed to leave some openings there for a future down the road.  We talked more about ITAR, a subject that was discussed in both segments.  Mr. Gold talked about the upcoming ISS Bigelow Expandable Activity Module (BEAM), which is scheduled to arrive at the space station in 2015 for a two-year technology demonstration (www.nasa.gov/mission_pages/station/news/beam_feature.html).  Mike mentioned that an astronaut would actually board the module.  We talked about government regulations, going BLEO and space property rights.  In fact, Mike suggested that the absence space property rights or legal processes for investment by private space companies is at least a partial explanation for why we have done so little in space development over the past several decades.  In the context of space based property right, we discussed the Outer Space Treaty (OST), benefit sharing issues, and the Moon Treaty.  Mike talked about an important first step in property right which would be to make sure that companies who operate and engage in space development can do so in an exclusive non-interference zone.  Near the end of the discussion we talked about the frustration in waiting for progress to be made, the earlier Bigelow successes including Genesis 1 & 2 and the BA 330 full service/size habitat.

Please post your comments/questions on TSS blog.  You can reach Mike Gold through COMSTAC or me.

Dr. Tom Matula, Friday, 2-7-14 February 7, 2014

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Dr. Tom Matula, Friday, 2-7-14

http://archived.thespaceshow.com/shows/2182-BWB-2014-02-07.mp3

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Guest:  Dr. Tom Matula.  Topics:  Space settlements known as astrosettlements, commercial space development.  Please direct all comments and questions regarding Space Show programs/guest(s) to the Space Show blog, http://thespaceshow.wordpress.com.  Comments and questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright and are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information. In addition, please remember that your Amazon purchases can help support The Space Show/OGLF. See www.onegiantleapfoundation.org/amazon.htm.

We welcomed Dr. Tom Matula back to The Space Show for a 1 hour 46 minute discussion about Tom’s concept for space settlements known as astrosettlements.  His Power Point presentation given at the ISDC 2013 has been uploaded to The Space Show blog for your review.  In the first segment of today’s program, I started out asking about one of Tom’s previous theories, the Space Development Bank.  From there, we jumped to astrosettlements which Tom believes will be market driven so we discussed some of the market factors that could drive these settlements.  Astrosettlements are orbital and would be designed for 500 to 1,000 inhabitants.  He listed three characteristics for the astrosettlements and we discussed each one.  The three included the need to be autonomous, mobile, and expandable.  Doug called from S. California to talk about and clarify market demand.  This led Tom to discuss the potential of the SpaceX Dragon Lab.  He also talked about suborbital with his understanding that the killer part of suborbital would not be space tourism but instead atmospheric research.  I asked Tom for timelines for the astrosettlements and he said 2-3 decades. This sparked further discussion.  When I asked for the starting point to develop the astrosettlements, Tom said we would need to develop virtual world models.  This resulted in a rather comprehensive discussion of modeling in the virtual world with Charles calling in to disagree across the board with our guest.

In the second segment, I read a lengthy email from Carl in San Antonio that deal the lunar development, the Moon Treaty, Common Heritage of Mankind and benefit sharing issues.  Don’t miss this discussion. Paul Turner both emailed in and called regarding how to profitably develop real estate in orbit, and why it is financially sustainable.  Paul has a book coming out on this topic so we will hear more about this later on.  More timeline questions came up regarding astrosettlements and the potential early market drivers which might include intellectual property, early materials manufacturing, and raw materials.

Please post your comments/questions on The Space Show Blog URL above.  Tom has a blog you should check out, www.wealthofspace.com.  You can reach Tom through me or his blog.

Dr. Matula’s ISDC 2013 presentation is here:  HALE ISDC

John Batchelor Hotel Mars, Wednesday, 7-24-13 July 25, 2013

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John Batchelor Hotel Mars, Wednesday, 7-24-13

http://archived.thespaceshow.com/shows/2056-BWB-2013-07-24.mp3

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Guests: John Batchelor, Michael Listner, Dr. David Livingston:  Topics:  The legalities & issues regarding asteroid and resource mining in space.  You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog, http://thespaceshow.wordpress.com. Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Written Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright. We do not permit the commercial use of any Space Show program or part thereof, nor do we permit Space Show programs to be edited, placed on YouTube, or other private channels & websites. Space Show programs can be quoted in news articles, papers, academic & research work but must be cited or referenced in the proper citation format. Contact Dr. Livingston for questions about our copyright and trademark policies which we do enforce.  This program is archived on The Space Show website, podcasting, and blog sites with permission from John Batchelor. Please visit the John Batchelor Show website for more information about this fine program, www.johnbatchelorshow.com.  Remember, your Amazon Purchases Can Help Support The Space Show/OGLF (www.onegiantleapfoundation.org/amazon.htm).

During our 11 minute plus discussion, John, Mike Listener, and I talked about the legalities of asteroid mining, resource usage in space, potential issues such as profit sharing, treaty constraints, liability, and government regulation.  I believe Michael summed it up well when near the end of our segment, he said that this type of activity was still possibly 20 years away and during that time, the legal issues should be addressed and hopefully resolved.

Please post any comments/questions you might have on The Space Show blog.  You can contact any of  us through drspace@thespaceshow.com.

Jon Goff, Friday, 3-15-13 March 16, 2013

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Jon Goff, Friday, 3-15-13

http://archived.thespaceshow.com/shows/1974-BWB-2013-03-15.mp3

Guest:  Jon Goff.   Topics:  The Lunar Patent concept and Altius Space Machines company updates.  Please direct all comments and questions regarding Space Show programs/guest(s) to the Space Show blog, http://thespaceshow.wordpress.com.  Comments and questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright and are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information.

We welcomed Jon Goff, President and CEO of Altius Space Machines, back to The Space Show for this 60 minute discussion focusing both on the idea of a lunar patent and Altius company projects and updates. I suggest you read and follow along with these websites and blogs:  http://selenianboondocks.com; http://altius-space.com, and Jon’s blog article about the lunar patent concept http://selenianboondocks.com/2013/01/random-thoughts-columbus-article-link-and-lunar-patents.  For the first part of our hour long discussion with Jon, we focused on the lunar patent idea.  Jon got the idea to write about it on his blog from Mike Mealling’s own blog post on his RocketForge blog, “Lessons in exploration from Columbus and the Spanish Crown” at http://rocketforge.org/2013/01/10/lessons-in-exploration-from-columbus-and-the-spanish-crown.html.  Jon spent time with us going over the history of how and why the Spanish crown put forth the Columbus expedition which he said was all about getting patents along the trade routes.  Jon applied this concept to lunar development explaining how it might work.  He also suggested this might be an end run around the absence of property rights and the terms of the U.N. space treaties.  Listeners asked questions about how a patent might work, would it need to be issued by an international entity to be enforceable, and how could it be enforced.  This brought up the question of benefit sharing and terms & concepts such as those found in the Moon Treaty.  Jon said he was interested in feedback, especially from the space legal community so please share your thoughts on The Space Show blog.  During the balance of our time with Jon, he told us about his company plans, new ideas, SBIRs, and SAA agreements to develop a new breed of robotic arms.  We talked about tools for satellite service and possible ISS free flyers.  Jon told us about their project with Nanoracks, DARPA, and JPL.  He also described MINION which is a project with NASA LArc for an extendable/retractable arm that could operate inside the ISS. You can read about this project on Jon’s Selenian Boondocks blog.  A listener asked him about using Kickstarter for funding new projects and another listener was interested in hearing more about Jon’s plans for Altius in the future.

If you have comments/questions for Jon Goff, please post them on The Space Show blog.  You can reach Jon through the Altius website, his blog, or through me at drspace@thespaceshow.com.

Michael Listner, Tuesday, 11-27-12 November 28, 2012

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Michael Listner, Tuesday, 11-27-12

http://archived.thespaceshow.com/shows/1902-BWB-2012-11-27.mp3

Guest:  Michael Listner.  Topics:  Space law & policy review for 2012.  Please direct all comments & questions regarding Space Show programs/guest(s) to the Space Show blog, http://thespaceshow.wordpress.com. Comments & questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright & are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information. We welcomed Michael Listner back to the show to do our first ever annual review of space law issues. Michael had several topics to discuss including the Code of  Contact, Transparency & Confidence-Building Measures (TCBMs), Cube sat regulation, ITAR, Planetary resources & space property rights, Space debris with an emphasis on EnviSat, Austria’s space law in particular the launch of Austria’s first satellite in December, Commercial space in particular limited liability laws, Delineation of air space & outer space, the Moon Treaty & the ascension of Turkey & Saudi Arabia, Rules of Arbitration, & the preservation of Apollo landing sites.  We started with two main space law issues of 2012, the European Code of Conduct & TCBMs.  Michael did a good job explaining the history of these items, where are today with them & what is likely to happen with them in 2013.  We also talked about space taking on the role of being normal & we both pointed out ways in which it interacts with regular law even if consumers are behind a firewall & have no awareness of space law issues.  Our discussion turned toward benefit sharing & this took us into an extensive Moon Treaty discussion. I urge people not blow off what to many of us are radical departures from how we have been conducting space affairs & how we want to see commercial space evolve.  There are longer term potential risks given trends in benefit sharing, more countries signing on to the Moon Treaty, & even listener feedback I get right here on The Space Show.  Michael urged us to pay attention if other nations sign the Moon Treaty, particularly if Russia or China agree to it.  Michael talked about legal theories that can make the Moon Treaty enforceable given it is a legal treaty, even if the U.S. & others do not sign it.  Again, I urge our audience to not discount this potential longer term risk.
     In the second segment, Michael talked about the issue of just where space starts.  He mentioned two theories on this & why it is an important issue. The U.S. position tends to discount the debate & operates as if the 100km point is the edge of space.  It appears we abstain from the debate with the opinion it is a settled issue but evidently not in some circles as it is a hot button issue.  We also talked about the limited liability laws for suborbital space, especially in New Mexico which is having a problem accepting it in its legislature.  We mentioned the potential impact limited liability might have on Spaceport America so it deserves watching.  Michael talked about cubesat regulation & an upcoming European conference on that subject.  He said it is something we need to be carefully watching.  ITAR reform, especially in terms of getting satellites off the munitions list to the dual technology list was also a key issue for the year & will be next year.  We also talked about space debris issues & the impact of ESA’s EnviSat.  As our program was ending, I asked Michael for some future 2013 assessments of hot button issues.  Among those he mentioned included the Code, TCBMs, ITAR, possibly the Moon Treaty & Planetary Resources types of issues.  A listener asked about our withdrawal from the OST but Michael did not think that would mean much. Our last topic dealt with the historical preservation of the Apollo 11 & 17 landing sites.
    Please post your comments/questions on The Space Show blog.  You can email Michael at michael@spacelawsolutions.com.

Wayne White, Monday, 10-15-12 October 15, 2012

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Wayne White, Monday, 10-15-12

http://archived.thespaceshow.com/shows/1873-BWB-2012-10-15.mp3

Guest:  Wayne White.   Topics:  Space law, The Space Pioneer Act, property rights & commercial space development.  You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog, http://thespaceshow.wordpress.com. Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright. We welcomed Wayne White back to the program to discuss his proposal for The Space Pioneer Act (SPA).  His Power Point presentation on this Act has been uploaded to The Space Show blog.  Later in the program we talked about his new business venture, SpaceBooster, LLC.  Background on SpaceBooster has also been uploaded to The Space Show blog.  Mr. White started our discussion with an overview on his proposed SPA and the five United Nations treaties that generally control the behavior in space by all nations, including the issues of property rights, space salvage, and space mining.  Mr. White spent a considerable amount of time on this discussion, the Outer Space Treaty (OST) and the Moon Treaty.  Our guest then introduced us to the idea of “innovative financing” which is a type of tax being proposed in the U.N.  This prompted quite the discussion. Next, our guest took us to salvage law, the Law of the Sea Treaty, and the space asset registration lists with both the Air Force and the U.N. Transferring ownership title of space based assets was a major part of this part of the discussion, including reciprocity with similar laws that might eventually be enacted in other countries.  Atty. Michael called in and we had a mini-legal debate on these issues, the treaties, enforcement, and alternatives.  Wayne then introduced us to the Deep Sea Hard Mineral Resources Act as being relevant to parts of The Space Pioneers Act.

In our second segment, Wayne talked about the history of many of our laws consistent with what he proposes in his Act.  He said that 2012 was the 150th anniversary of the Homestead Act and he connected the benefits of the Homestead Act with what might happen in space with the SPA.  He also talked about the 1872 General Mining Act which then led him to talking about Article 2 of the OST.  Our guest was calling for the “use it or lose it” regime.  Space mining was discussed in this segment along with jurisdictional issues, both internationally and domestically.  Later in the segment, Wayne talked about his new business, SpaceBooster LLC.  You can find out more by visiting their website, www.spacebooster.com though Wayne did say the website is still under construction and being developed.  Near the end of the program, we talked about space tourism liability, informed consent, insurance, and the meaning of the term “spaceflight participant” as opposed to being a passenger.

Please post your comments/questions on The Space Show blog.  You can reach Wayne White, Atty, through The Space Pioneer Act presentation on our blog.

WWhite Space Pioneer Act SRR 6-5-12

SpaceBooster Corporate Resume

Declan O’Donnell, Sunday, 7-22-12 July 22, 2012

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Declan O’Donnell, Sunday, 7-22-12

http://archived.thespaceshow.com/shows/1819-BWB-2012-07-22.mp3

Guest:  Declan O’Donnell.  Topics:  USIS updates, Law of the Sea Treaty, space settlement, property rights & more.  You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog, http://thespaceshow.wordpress.com. Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright. Declan O’Donnell returned for legal updates with United Societies In Space (USIS), the Intentional Space Development Authority (ISDAC), Law of the Sea Treaty, property rights and much more.  Declan suggested the best websites to visit for more information would be http://space-law.org/ISDAC/ISDAC.html and www.internationalspacedevelopment.com.  During this segment, Declan talked about the various UN space treaties, including the Liability Treaty and space debris issues.  Next, I asked Declan about the renewed interest show by the U.S. in the ratification of the Law of the Sea Treaty (LOST).  Like many others, Declan clearly spelled out the problems with this treaty and the problems with the common heritage of mankind ideology, especially for space settlement and commerce.  He said if LOST is ratified by the Senate, it would be a “dangerous precedent.”  Declan spent time going into the history of LOST and we talked about it being bottled up in the Senate Foreign Relations Committee (www.foreign.senate.gov).  Related issues discussed in this segment and throughout the program dealt with problems in enforcing treaties of all kinds.  Declan talked about the role of USIS and ISDAC regarding LOST and the ownership of space property issues.  He even talked about these organizations proposing a new treaty to support growth & the commercial development of space. Andrew called in to talk about the 1920 Svalbard Treaty as a possible model for space. You can read about this treaty at http://en.wikipedia.org/wiki/Svalbard_Treaty.

Our second segment started with Tim calling to ask if there were other organizations promoting LOST and/or The Moon Treaty other than the U.N.  Later, Declan was asked about the Chinese space program and we again referenced issues with the Liability Treaty and Chinese caused space debris issues.  Also in this segment, Declan was asked about the EU Code of Conduct for Outer Space Activities.  Note that he confirmed it was risky to dismiss such things because of the voluntary aspect & he cited several examples to illustrate his point.  He even talked about a specific Italian jurisdictional clause for a local region often inserted in contracts and used as a set of rules for litigation.  Harry emailed out guest about the spaceport no liability laws that have been adopted by several states.  Declan had much to say about this and the issue of liability. Interestingly, he said the waiver that we hear so much about and that is required in the federal law is more about protecting the U.S. Government given it has the ultimate liability for everything launched into space in the U.S. & possibly with U.S. hardware elsewhere in the world as the U.S. would be considered by treaty the launching state. Near the end of our program, I mentioned a SF Business Times article on space investment in Silicon Valley. I will upload the .pdf to the blog for those interested in reading it. Marshall also emailed in a question on the liability issue regarding a spacecraft landing in a different country from its launching country.  As the program was ending, Declan talked about USIS and ISDAC membership & given his being a trial lawyer, I asked him about the controversial issue in healthcare of tort reform.  You might be surprised by his answer.

Post your questions/comments on The Space Show blog.  You can email Declan through me at drspace@thespaceshow.com

 

You can read the SF Business Times article mentioned on the show here:

SF Biz Journal Space Ventures

Rand Simberg, Tuesday, 5-15-12 May 16, 2012

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Rand Simberg, Tuesday, 5-15-12

http://archived.thespaceshow.com/shows/1775-BWB-2012-05-15.mp3

Guest:  Rand Simberg.  Topics:  Space Frontier property rights and risk aversion.  You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog, http://thespaceshow.wordpress.com. Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright.  We welcomed back Rand Simberg to discuss his research paper on space property rights, Homesteading the Final Frontier (http://cei.org/sites/default/files/Rand%20Simberg%20-%20Homesteading%20the%20Final%20Frontier.pdf).  In the second part of the program, we discussed his next project focusing on our being too risk averse.  Our property rights discussion addressed many areas including land claims, the Outer Space Treaty, the Moon Treaty, English Common Law, royalty payments, commercial space development & enhancement, government regulation, marketable space real estate, both the Antarctica & Arctic models,  & the Law of the Sea Treaty.  Issues about launch country liability/responsibility were discussed & several listeners commented to Rand on his ideas, both for & con.  I also strongly recommend you read his paper per the URL above as he does a good job of laying out his idea and why he believes it to be both viable and important.

In the last segment, we switched topics to his newest project dealing with risk aversion.  He said the working title of his new project would be “We Are Not Killing Enough People.”  When I questioned him about the wisdom of such an inflammatory title, he said it was meant to get attention.  Listen to the discussion and see what you think.  Rand & listeners cited many examples of what is believed to be excessive regulation that either already does or has the potential to limit our choices as to what we can and cannot do.  I also cited examples from my own life about choosing risky things to do without having to be concerned about government regulations at the time.  But Rand kept the topic focused on space as much as possible & put forth a strong case for individual choice as long as it does not impact third parties & he made a strong connection with choice to economic growth, development, & resource expansion/utilization.  He also talked about the need to be free to fail and that frontiers have never been settled throughout history without the loss of life.  Near the end of the program, one listener said to Rand that “life without risk is a fantasy.”  Our congress was a big part of the focus of the discussion & here, Rand suggested that since most in Congress don’t care that much about space & most people don’t either, that when we write to our representatives, our letters have more impact than usual because they so seldom here from space supporters other than those in the industry lobbying for this or that policy.  Rand received lots of agreement on his risk conclusions & his idea that more people need to die to develop the frontier, but he also got strong opposition to his ideas.  Bill was one who opposed Rand’s ideas from a marketing & adverse publicity perspective.  Jim suggested that Rand & others needed to convince the public & Congress that space was a frontier and that it was actually worth dying for in settling/taming it.  For the most part, there was strong support for being less risk averse & for settling & economically developing the space frontier.  When Rand’s new project is published, I will be sure to call your attention to it so you can read & evaluate it for yourself.

Please post your comments/questions on The Space Show blog above.  Rand can be contacted through his own blog, Transterrestrial Musings at www.transterrestrial.com.  You can also comment on his Space Show appearance on his blog in addition to our blog.

Robert (Bob) Zimmerman, Monday, 4-30-12 April 30, 2012

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Robert (Bob) Zimmerman, Monday, 4-30-12

http://archived.thespaceshow.com/shows/1764-BWB-2012-04-30.mp3

Guest:  Robert (Bob) Zimmerman.  Topics:  Space X static test, Congress & commercial crew, Planetary Resources & space property rights.  You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog, http://thespaceshow.wordpress.com. Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright. We welcomed Bob Zimmerman back to the program to discuss today’s Falcon 9 static test, Congress & commercial crew, and the Planetary Resources announcements of last week.  Visit Bob’s website for more information, http://behindtheblack.com.  During the first segment, Bob talked about congress and its proposed treatment of commercial crew including down selecting the companies, reducing funding, and moving to the FAR instead of remaining with the Space Act Agreement.  Bob got lots of questions about markets in space and why commercial companies need government money in the first place.  In this segment, we also talked about the Falcon 9 static test today and its relevance for congress.  Bob targeted SLS for discussion. As you will hear, there was not much support for SLS among those of us listening to today’s program.

In the second segment, we talked about the Planetary Resources venture announced last week.  Part of our focus was on the 9″ space telescope, its likely uses and resolution.  We talked about it for asteroid finding and Earth imaging – with serious reservations.  Bob suggested that the real business for the company was in selling the space telescopes to customers wanting that product or service as the mining was still a decade or so out into the future.  In talking about the telescope, we discussed pointing, stability, resolution, being placed on the Moon, and less than ideal light coming from the asteroids.  In talking about space telescopes, we discussed Hubble and the JWST.  In other space news updates, Bob talked about Orbital moving Antares to the pad for its testing and there is an article on his blog about it being seriously over budget: www.flightglobal.com/news/articles/orbital-sciences-development-costs-increase-371291.  Another topic we discussed was the Chinese political system and its turmoil, also its economy and how this might impact their space program.  Bob had much to say about this as well as India and its space program which he said might prove to be the dark horse in space development.  Toward the end of this 2 hour 8 minute program, Michael Listner called in to talk about legal issues for Planetary Resources in their resource extraction stage of development, plus property rights, the Outer Space Treaty and even the impact of the Moon Treaty. Bob and Michael had a spirited debate about these issues, including the potential influence of the Moon Treaty and international customary law which Bob completely dismissed.  Michael has an excellent article on the subject at www.spacesafetymagazine.com/2012/04/26/commercial-space-leap-earth-orbit-legal-implications/.

Please post your comments/questions on The Space Show blog. You can reach Bob Zimmerman through his website.

Michael Listner, Monday, 1-2-12 January 2, 2012

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Michael Listner, Monday, 1-2-12

http://archived.thespaceshow.com/shows/1681-BWB-2012-01-02.mp3

Guest:  Michael Listner.  Topics:  National and international space law issues including property rights, the Moon Treaty & more.  You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog, http://thespaceshow.wordpress.com.  Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright.  We welcomes Michael Listner to the program to discuss national and international space law issues and related matters.  We started out discussing the new Austrian domestic space law and inquiring of our guest why we should take note of this Austrian law here in the U.S.  As you will hear from Mr. Listner, the new Austrian law relates specifically to the UN space treaties and plays a role in international space law.  Our guest wrote a recent article on this subject in The Space Review on Dec. 12, 2011.  You can read his article at www.thespacereview.com/article/1988/1.  Another interesting article of his you might value is in DefensePolicy.org from July 7, 2011 and titled “TCBMs: A New Definition and New Role for Outer Space Security.”  You can download it at www.defensepolicy.org/2011/michlis/tcbms-a-new-definition-and-new-role-for-outer-space-security. Our discussion then focused on launching country issues and liability, satellite operations in different countries and both the Liability and the Registration U.N. Conventions.  This discussion led us to talking about the European Code of Conduct for Outer Space Activities and Michael updated us on the status of this voluntary agreement, both on the international front as well as here in the U.S.  Other issues discussed in this segment included space debris and the Draft Russian Chinese Treaty On The Prevention Of The Placement Of Weapons In Outer Space (PPWT).  We also talked about the Chinese GPS system covering Asia, its military focus, and Chinese geo political intersects.  Michael then introduced us to Transparency and Confidence Building Measures (TCBMs) as alternatives to treaties. This prompted several listener questions and comments about “so called” government transparency, the word of governments, and their effectiveness so far.  This was an interesting discussion, especially when I asked our guest for his personal opinion on these types of agreements.  Space tourism became a subject and we spent some time on the liability issues and the states that have passed liability protection laws for the space companies.  Jack from Virginia was listening and provided us with important information about the Virginia law which he largely authored and which has become a model for the laws in Florida, Texas, and New Mexico.  We spent the rest of the first segment talking about liability and space tourism issues. In the second segment, Helen asked if funding levels for NASA and space interests correlated to up’s and downs in space policy.  As you will hear, most policy is driven by politics, not funding levels.  There were lots of questions about the legality of the Moon Treaty and its applicability to commercial space, even Google Lunar X Prize contestants.  We fielded questions on lunar mineral extractions as well as messing with Apollo artifacts on the Moon.  We then jumped over to property rights and what this actually means regarding space issues.  As we were nearing the end of our discussion, I asked Michael if space law was largely an academic field or if it was becoming a career choice field in terms of practical application.  He said it was becoming more and more practical and more and more schools were offering commercial law classes.  If you have comments or questions for Michael Listner, please post them on the blog URL above.

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