Michael Listner, Sunday, 12-1-13 December 1, 2013Posted by The Space Show in Uncategorized.
Tags: " SpaceX, 2004 National Space Transportation Policy, Apollo lunar landing sites, Bigelow Aerospace, commercial space, Dutch space law, enforcement regulations, European Code of Conduct, FAA launch license, GEO. space tourism, geopolitics, human spaceflight, Inspiration Mars, liability issues, lunar artifacts, Mars one, Michael Listner, NASA, property rights, self regulation, space debris, space law, treaties
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Michael Listner, Sunday, 12-1-13
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Guest: Michael Listner. Topics: Space law Review for 2013. 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 Michael Listner back to the program for this space law review for 2013. On The Space Show blog at the end of the summary, you will find two presentations uploaded at Michael’s request. In the first segment of this 1 hour 57 minute discussion, Michael said it was a fruitful year for space law and policy. He suggested that the paradigm changer was private space development, at both the state and the federal legal picture. He talked much about the Outer Space Treaty (OST) which provides the legal basis for the U.S. to exercise control over its citizens launching anything to space anywhere in the world. This subject came up in reference to Mars One and some statements Michael made regarding there wanting to go elsewhere to avoid Dutch law. Michael explained how the OST presents the Dutch government with the same obligation for its citizens around the world as is the case with the U.S. Michael then brought us current with the European Code of Conduct, current modifications, and the impact it might have on U.S. space entrepreneurs and launchers such as SpaceX. He talked about how regulations get enforced as law & how they would make the voluntary code legally binding in our country. We talked about the need to get an FAA launch license for private companies and how that might be unavailable depending on regulations and political issues. For a government mission, there is no launch license requirement. This point was stressed when using SLS for Inspiration Mars came up for discussion.
In the second segment (note we had a phone interruption so there was a short additional break though most of it was edited out), there were several email questions and comments regarding Tito’s recent Inspiration Mars congressional testimony and what it might mean for space law issues if the mission became a NASA project. Allen asked a question about state law, specifically in California. Michael explained the relationship between state and federal law in space matters. During the discussion, Michael referenced many papers by different authors applicable to our discussion. Here are the links to those papers: Henry Hertzfeld & Scott Pace: http://science.time.com/2013/11/28/hands-off-our-lunar-landing-sites-not-so-fast; National Space Transportation Policy:
www.whitehouse.gov/sites/default/files/microsites/ostp/national_space_transportation_policy_11212013.pdf; Established Practices for Human Spaceflight Occupant Safety www.whitehouse.gov/sites/default/files/microsites/ostp/national_space_transportation_policy_11212013.pdf; Space Review article on commercial spaceflight self-regulation: www.thespacereview.com/article/2252/1; FAA decision: www.gpo.gov/fdsys/pkg/FR-2013-12-02/html/2013-28405.htm. Our guest talked about these items during both segments of our show, stressing the geopolitical component. Near the end of the program, we talked about laws to protect the lunar Apollo landing sites and artifacts. In his concluding remarks, our guest stressed the need to play by the rules. Such rules may consist of state, federal, and international laws and regulations. Michael also talked about Bigelow Aerospace and his lunar cots like program suggested with NASA.
If you have questions/comments for Michael, post them on The Space Show blog. You can reach Michael through his website at www.spacelawsolutions.com.
Dr. John Lewis, Monday, 5-28-12 May 29, 2012Posted by The Space Show in Uncategorized.
Tags: asteroid mining, Chinese lunar program, Chinese Space Program, commercial space, Common Heritage of Mankind, Dr. John Lewis, Indian space program, ion propulsion, Konstantin Eduardovitch Tsiolkovsky, Law of the Sea Treaty, lunar mining, Planetary Resources, property rights, Return to the Moon, revenue sharing, space government regulation, space venture capital, The Asteroid Retrieval Feasibility Study, Tsiolkovsky Plan of Space Exploration., West Indies Company
Dr. John Lewis, Monday, 5-28-12
Guest: Dr. John Lewis. Topics: Asteroid mining, Chinese space program. 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 Dr. John Lewis to discuss asteroid mining and the Chinese space program. You can order Mining The Sky: Untold Riches From The Asteroids, Comets, And Planets by Dr. Lewis as we talked about his book throughout our program. If you use this Amazon URL, Amazon will make a donation To The Space Show/OGLF: www.amazon.com/Mining-The-Sky-Asteroids-Planets/dp/0201328194/ref=onegiantlea20. Our first segment focused in on asteroid mining, where are today, its future, legal issues to be settled, risks, and more. Near the end of this segment, we also talked about the Law of the Sea Treaty, the common heritage of mankind and revenue sharing ideas, all of which would be detrimental to asteroid mining and expanding space commerce. Earlier Dr. Lewis referenced the Keck study, The Asteroid Retrieval Feasibility Study which says we can capture a certain size NEO and put it in orbit around the Moon. Dr. Lewis carefully went through the pros and cons of doing this.
In the second segment, Tim called in and continued the revenue sharing and common heritage discussion. Dr. Lewis then cited his family history dating back to 1625 coming from theNetherlands with the West Indies Company, then staying here and moving west rather than returning to theNetherlands. He drew parallels with this and potential space settlement and risk taking. Next, we talked about the Chinese space program, their space station, the upcoming taikonaut launch in June and the fact that they are actually “bending metal” in making hardware for going to the Moon, unlike the Indian program which is still largely talk. Near the end of the segment, we talked about lunar mining, the needed future vision and leadership, the need to be a multi-planet species and why. Our discussion with Dr. Lewis is full of important information so I urge you to carefully listen to this program and use the internet to follow up on many of the topics and issues he brings to our attention. For example, you might find it interesting to see the 1926 Plan of Space Exploration as developed by Tsiolkovsky (www.informatics.org/museum/tsiol.html).
Please post your comments/questions on The Space Show blog.
Dr. Scott Pace, Sunday, 5-27-12 May 28, 2012Posted by The Space Show in Uncategorized.
Tags: " space politics, " SpaceX, Asia as emerging space power, celestial land claims, Cis-lunar space., Commercial Crew, commercial space, common heritage, competition for commercial crew, Cots, down select commercial crew, Dr. Scott Pace, Dragon, European Code of Conduct, Falcon 9. , FAR, Global Space Exploration Conference, human spaceflight. Beyond Low Earth Orbit, ISS, Law of the Sea Treaty, NASA, NASA budget, NewSpace, property rights, public/private partnerships, Return to the Moon, rocket flight test program, SLS, Space Act Agreement, space treaties, strategic rational for human spaceflight, suborbital
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Dr. Scott Pace, Sunday, 5-27-12
Guest: Dr. Scott Pace. Topics: Space policy, COTS, HSF safety, commercial space & 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 welcomed Dr. Scott Pace back to the program for a comprehensive discussion on a variety of topics impacting space policy, commercial space, and both our civil and entrepreneurial space communities. We started our first segment with a summary of the AIAA-IAF Global Space Exploration Conference held last week inWashington,DC. We talked about the international make-up of the conference, the focus on budget issues, commercial space, and some of the different issues of concern to Europe, Asia, and theU.S. We also talked about the impact on the Europeans of theU.S. terminating certain space program partnerships as the Europeans do four year planning and budgeting unlike theU.S. which is year to year. Our first caller was Michael Listner about the European Code of Conduct for Outer Space. This was a comprehensive and important discussion on a subject that we are sure to hear more about over time. TheU.S. may even sign on to it so I strongly suggest everyone pay attention to this issue & this discussion. We mentioned recent public comments about the Law of the Sea Treaty and looked at the potential impact of the treaty on space development should theU.S. modify or adopt a version of the treaty. Toward the end of the first segment, Jerry sent in a note asking about comments made to the Washington Post by our guest on the number of test flights that might be needed for the Falcon 9, plus the response from NASA Watch. Dr. Pace talked about HSF flight safety, rocket testing programs, and how today differs from the early days of our human spaceflight history. Risk averseness was part of our conversation.
In our second segment, we talked about the rational for human spaceflight. Dr. Pace offered a geopolitical rational for HSF rather than just a capability driven program and rational. Here we talked about Asian countries emerging as space powers and participants along with what happens when we aim for Beyond LEO (BLEO) and the need to engage the new players. You will hear Dr. Pace advocate a return to the Moon several times during our program as that is a way to engage new players, plus we need to learn certain skills all over again before going BLEO. We switched topics & talked about increasing the NASA budget & treating NASA as an investment, not an expense. Dr. Pace brought our focus to what do we get for what we spend. Don’t miss this discussion. We talked about commercial crew, down selecting as an option, and competition. Dr. Pace put these issues into the form of a cost-benefit analysis project to be examined based on the goals of the desired or stated policy. Again, don’t miss his analysis of these issues. We also talked about the FAR and the SAA, insight, oversight, accountability, and higher costs coming from the FAR. Property rights & land claims were brought up along with space settlement issues. Listener Jim inquired about using the Dragon for BLEO missions. Scott had much to say about this potential. Toward the end, we talked about theU.S. budget deficit & what we spend on NASA, then I read a letter from two 5th grade students opposing space development & I asked Dr. Pace to provide us with his reply. We concluded our discussion with Dr. Pace honing in on the need for leadership here and abroad, along with the need for a robust economy.
Please post your questions/comments on The Space Show blog. If you want to email Dr. Pace, you can send your note to me & I will forward it to him.
Robert (Bob) Zimmerman, Monday, 4-30-12 April 30, 2012Posted by The Space Show in Uncategorized.
Tags: asteroid mining, Commercial Crew, commercial markets, customary international law, down select, Dragon, Earth imaging, Falcon 9. , Federal Acquisition Rules (FAR), Moon Treaty, Outer Space Treaty, Planetary Resources, property rights, Robert (Bob) Zimmerman, SLS, Space Act Agreement, space telescopes, Space X, static test, U.S. congress
Robert (Bob) Zimmerman, Monday, 4-30-12
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.
Dr. Roger Handberg, Monday, 1-16-12 January 17, 2012Posted by The Space Show in Uncategorized.
Tags: Apollo, Beyond Earth Orbit (BEO), budget priorities, Chinese Space Program, Congress, Constellation, DOD space, Dr. Roger Handberg, European Code of Conduct for Outer Space, human spaceflight (HSF), Indian space program, ISS, key government space positions, LEO, NASA, National Space Council., OMB, Outer Space Treaty, Presidential Science Advisor, property rights, science missions, SLS, space advocacy, space budgets, space policy, Space Shuttle, space vision, Space X, STEM, U.S. presidents and space policy
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Dr. Roger Handberg, Monday, 1-16-12
Guest: Dr. Roger Handberg. Topics: Space policy, leadership, Asia space, ISS, & 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 welcomed Dr. Roger Handberg to the program for a comprehensive space policy discussion. During this program, several of his recent Space Review articles were referenced and I urge you to read them. See Dec. 19, 2011 “ISS Next: chasing humanity’s future in space and the ‘next logical step” (www.thespacereview.com/article/1993/1). Also Nov. 21, 2011, “American human spaceflight and future options, short-and long-term” (www.thespacereview.com/article/1974/1. Our discussion started with a brief overview of U.S. space policy for the new year 2012. Dr. Handberg said our policy was in a state of confusion and described the situation around the Kennedy Space Center as practically in shutdown mode. We talked history and what it was like in 1970 before shuttle. Dr. Handberg then talked about our robust science missions and projects but they don’t get the attention like HSF & it is the HSF missions that are the problem. Dr. Handberg referenced the Augustine report and SLS. He also said the Chinese were moving ahead though they were still several decades behind the U.S. We then talked about the need to think beyond the SLS & beyond the existing ISS which has a limited remaining lifespan. In fact, thinking big and beyond the ISS is a major theme in his Dec. 19, 2011 Space Review article. We spent considerable time discussing what was next for the U.S. after the ISS. Our guest said we were at risk of repeating one of the major failures of Apollo, that is, what to do after the program ends. In this case, what does the U.S. do after the ISS ends? His analysis of the problem pointed to our having no clear vision and a strong need to reorganize the political system because NASA budgets are done yearly so no budget is ever finalized. He confirmed what many others have said and that was that president’s don’t care about space. We addressed commercial and private space, both for space stations and launch vehicles. Anthony in the UK asked him what he thought the single event might be for people to say we’ve now been overtaken. Dr. Handberg suggested that point might come when the ISS ends its life and there is nothing else while the Chinese have their own space station and are still going forward.
In the second segment, I asked our guest for his thoughts on how college students have changed over his long teaching career. Don’t miss this discussion. You might be surprised by what he had to say. Listeners asked him if and when he thought SLS would be cancelled for budgetary reasons. His response was most interesting. Other listeners asked more questions about SLS, the shut down of Constellation, the private HSF effort, and space markets. Near the end of the program, Maria asked him how to get Congress to consider space as an investment, not an expense. He said that today, all government spending is considered an expense and while space is an investment, thinking it will be treated that way by congress is to be in political denial. As the program was ending, I asked our guest how to make space advocacy more effective. He said we needed to get space conscious (not necessarily advocates) in key positions within government & the administration. He named a few positions as examples. Finally, we talked about the Outer Space Treaty, the EU Code of Conduct, & bringing back the National Space Council.
Post your comments/questions on The Space Show blog URL above.