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Michael Listner, Sunday, 11-1-15 November 2, 2015

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Michael Listner, Sunday, 11-1-15

http://archived.thespaceshow.com/shows/2575-BWB-2015-11-01.mp3

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Guest: Michael Listner. Topics: Space policy and space law issues. 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 back Michael Listner for this near end of the year review on space policy and law issues. During the first segment of this 1 hour 53 minute program, Michael started out with a review and update regarding actions in Congress concerning commercial space legislation and the Resource Utilization Act, plus some space property issues. These topics consumed most of the first segment with active discussions going into the issue of government subsidies which Michael expressed strong feelings about. He got some blow back with listener questions and even from me. He talked about liability issues and the differences between the House and Senate versions of the bill, focusing on federal vs. state jurisdiction. John in Freemont called to inquire about “skin in the game” by the commercial space companies and here again, Michael expressed strong views and options. Doug suggested it would be more appropriate to refer to the commercial in commercial crew as public-private instead of just commercial. Michael supported Doug’s comments.

In the second segment, Michael switched to the topic of the RD-180 Ban which he explained in detail. Adrian challenged some of Michael’s comments on subsidies as well. Michael also spoke out against wanting to cooperate with China in space. Listen to his reasons and explanations behind his perspective. Later in the segment, Andrew in Finland took issue with Michael’s comments on not doing things with China and seemed to criticize Cong. Wolf for his congressional lead on not talking with China based on “one religiously-driven representative.” This opened up a mini-policy program of not doing business as usual with offenders of basic human rights though as we all know we are very hypocritical about the application of this policy. Michael joined in this mini discussion with Andrew and myself which was the final topic of the day. Earlier in the second segment, commercial crew was discussed as was the European Code of Conduct, the British cubesat regulatory policy, and the fact that Israel joined COPOUS and the House re-authorized the Ex-Im bank. This brought us back to Michael’s perspective on subsidies talked about in the first segment.

Please post your comments/questions on TSS blog above. You can reach Michael Listner through me or his new blog, https://spacethoughtsblog.wordpress.com.

Michael Listner, Sunday, 12-1-13 December 1, 2013

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Michael Listner, Sunday, 12-1-13

http://archived.thespaceshow.com/shows/2133-BWB-2013-12-01.mp3

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Can Help Support The Space Show/OGLF (www.onegiantleapfoundation.org/amazon.htm)

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, 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.

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.

Relationship of space law with traditional law

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Brian Weeden, Friday, 8-10-12 August 10, 2012

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Brian Weeden, Friday, 8-10-12

http://archived.thespaceshow.com/shows/1833-BWB-2012-08-10.mp3

Guest:  Brian Weeden.  Topics:  Economics for LEO, GEO, space debris mitigation, & space sustainability.  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 Brian Weeden back to the program to discuss space economics per his June 4, 2012 Space Review article, “The economics of space sustainability.”  You can read this article by visiting www.thespacereview.com/article/2093/1. I strongly recommend you read the article prior to listening to our discussion.  In our first segment, Brian spent time with us defining important terms including space as a global commons, space as a common-pool resource, GEO and LEO satellite usage, space debris regions, the Kessler Syndrome, good rivalrous, economic exclusion, economic non-exclusion, private goods, public goods and more.  Brian makes the valid point that in understanding how both GEO and LEO have been viewed and treated, we have a partial explanation of why it has been and still is so challenging to do something about the growing debris problem.  In Brian’s Space Review paper and in our discussion, he takes us to a point where we can view LEO and Geo differently than the more normal way of looking at space, economics, and debris issues. We came to view space not as a global commons but more as a common-pool resource.  From this vantage point, we can look at policy and programs that influence behavior toward a desired objective. He cited as an example the Chinese anti-satellite test that caused so much debris several years ago but told us that the test was repeated in 2010 without causing debris.  Listen to his explanation of this in the second part of our discussion.
     In the second segment, we talked about the value of both LEO and GEO.  All space is valued at $290 billion.  $110 billion is assigned to space services and related things.  The total insured value of GEO is around $20 billion but the insured value of LEO is only $1.4 billion.  He explained why this is so and the impact it has have on understanding the economics of space development and debris mitigation.  At one point in the discussion in response to a question, he talked about the pain threshold of the company or country.  Don’t miss this discussion.  Later in the segment, Brian introduced us to game theory and information economics as we continued to explore space economics.  Near the end of our program, we talked about the European Code of Conduct for Outer Space, how it might or might not become law in the U.S., and the realization that there must be more benefits flowing to the space companies and nations for dealing with debris than the costs, liabilities, and challenges.
     Please post your comments on the blog. If you want to email Brian Weeden, you can find his address on the SWF website or you can send it to me and I will forward it.

Dr. Scott Pace, Sunday, 5-27-12 May 28, 2012

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Dr. Scott Pace, Sunday, 5-27-12

http://archived.thespaceshow.com/shows/1782-BWB-2012-05-27.mp3

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, 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 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.