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Michael Listner, Sunday, 12-13-15 December 13, 2015

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Michael Listner, Sunday, 12-13-15

http://archived.thespaceshow.com/shows/2603-BWB-2015-12-13.mp3

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Guest: Michael Listner.  Topics: Commercial Space Law, asteroid bill, treaties, 2015 space legal issues and more.  Please direct all comments and questions regarding Space Show programs/guest(s) to the Space Show blog, https://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.  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 Michael Listner back to the show for the last time in 2015.  During the first segment of our two hour discussion, Michael started the 2015 annual space law review by jumping right in to discussing the new Commercial Space Launch Competitiveness Act recently signed into law by President Obama.  In this segment, he hit on key issues including legal jurisdiction on issues would now be federal law issues, the solidification behind SLS making it harder to cancel the rocket project, and the controversial “property rights” section in the asteroid part of the legislation.  There were many questions for Michael regarding the significance and meaning of issues now falling under federal law.  During this discussion, Michael used legal definitions and terminology and we discussed hypothetical situations to try to understand the impact of federal over state law on issues likely to make it to court.  Michael again talked about the asteroid mining part of the legislation (he did so as well on his last show a few weeks ago) which he believes contradicts the Outer Space Treaty.  Michael carefully went through the legal issues including the incorrect comparison of the Outer Space Treaty to the oceans and the Law of the Sea Treaty rather than a more appropriate comparison to legal regimes regarding Antarctica.  Michael posted a good article on this discussion his blog, Space Thoughts, which you can read at https://spacethoughtsblog.wordpress.com/2015/12/11/section-51303-the-oceans-are-not-the-equal-to-outer-space/.  Later in the segment, listeners asked about domestic vs. international legal enforcement of the asteroid mining issues per the legislation, plus many questions came in about The Outer Space Treaty and even The Moon Treaty came up for discussion.

 

In the second segment, Michael started out by saying that SLS got a big boost which was supportive of commercial space policy.  Jack asked about commercial crew in the legislation, but our focus moved to the RD180 engine because that is a big deal right now.  Michael said it was akin to open warfare between Senator McCain and ULA.  Michael offered us a detailed explanation of the RD180 issue and how it can impact ULA, SpaceX, and actually impact the nation.  Another topic was the return to flight using the Atlas 5 and the RD181 engine for the Cygnus by Orbital ATK.  BJohn and later Freemont John inquired about nuclear propulsion and some of the things discussed in the recent program with Dr. Dewar. Another topic discussed was planetary protection which he said gets its authority from Article 9 of The Outer Space Treaty.  Before the program ended, Michael gave us a status report on The Code of Conduct, the suborbital industry, and the Moon Treaty.

 

Please post your comments/questions on TSS blog above.  You can reach Michael through me or his blog.

 

The John Batchelor Show Hotel Mars, Wednesday, 1-30-13 January 31, 2013

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The John Batchelor Show Hotel Mars, Wednesday, 1-30-13

http://archived.thespaceshow.com/shows/1940-BWB-2013-01-30.mp3

Guests:  John Batchelor, Dr. Caleb Scharf,  Dr. David Livingston:  Topics: Lake Vostok, water ice, Lake Whillans, Antarctica, extremophiles.  You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog, https://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.  During our 11 minute plus discussion with Dr. Caleb Scharf, we talked about the Russian Lake Vostok drilling project for water ice, the American team drilling at Lake Whillans looking for signs of life, and overall the search for extremophiles here on Earth, then extrapolating to planets and moons in our solar system.  This is a most interesting and informative discussion.

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

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, https://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.

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