Michael Listner, Sunday, 12-13-15 December 13, 2015
Posted by The Space Show in Uncategorized.Tags: " SpaceX, Antarctica, asteroid mining, Code of Conduct, Commercial Crew, Commercial Space Launch Competitiveness Act, federal court jurisdiction, Michael Listner, nuclear propulsion, ocean mining, planetary protection, property rights, RD180 engine, RD181 engine, SLS, space intellectual property issues, space salvage, spaceport & state liability laws, The Law of the Sea Treaty, The Moon Treaty, The Outer Space Treaty, ULA
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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, 7-1-15 July 2, 2015
Posted by The Space Show in Uncategorized.Tags: : John Batchelor, commercial space subsidies, cubesats, defense strategy, Dr. David Livingston, globalist space view., Michael Listner, space debris removal policy, space property rights, transparency & confidence building, treaties, U.S. National Space Policy
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The John Batchelor Show Hotel Mars, Wednesday, 7-1-15
http://archived.thespaceshow.com/shows/2501-BWB-2015-07-01.mp3
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Guests: John Batchelor, Michael Listner, Dr. David Livingston. Topics: U.S. National Space Policy & the next administration. You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog. 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). For those of you listening to archives on live365.com & rating the programs, please email me the reasons for your rating. This will definitely help improve Space Show programming. Thank you.
John Batchelor and I welcomed back space attorney Michael Listner to the program to discuss the significance of the U.S. National Space Policy. We talked about some of the choices the next administration might have in formulating a new national space policy including the continuation of subsidies to the commercial space industry, to finally take up space debris removal policy for U.S. debris, and even to start formulating policy on space property rights. Michael also discussed the trend toward transparency and confidence building measures which are a product of the Executive Branch as compared to treaties which need approval from the Senate. I asked Michael if he thought we might start seeing policy emerge as to the usage of cubesats plus I asked how human spaceflight might be impacted by a new national space policy.
Please post comments and questions on The Space Show blog, https://thespaceshow.wordpress.com. You can email Mr. Batchelor or Michael Listner through me at drspace@thespaceshow.com.
Michael Listner, Sunday, 6-14-15 June 14, 2015
Posted by The Space Show in Uncategorized.Tags: AT&T, bipartisanship, classified space policy, commercial space, Dept. of Defense, Dept. of State, geopolitical view, geosynchronous satellites, global view, Michael Listner, NASA, President Clinton, President Eisenhower, President George W. Bush, President Kennedy, President Obama, President Reagan. President Bush, public space policy, space debris, space property rights, subsidies, Telstar, U.S. congress, U.S. National Space Policy
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Michael Listner, Sunday, 6-14-15
http://archived.thespaceshow.com/shows/2493-BWB-2015-06-14.mp3
Listner: National Space Policy
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Guest: Michael Listner. Topics: U.S. National Space Policy, commercial/private space, & its impact on national & international space law/activities. 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 space attorney Michael Listner to discuss the importance of the U.S. National Space Policy, both nationally and internationally. Please refer to the document Michael prepared for this show which you can find on The Space Show blog, “NATIONAL SPACE POLICY A PRÉCIS OF FUNDAMENTALS & PURPOSE.” Michael’s document is essential to understanding the significance of our national space policy, both on the home front and internationally so don’t skip over it. We used it extensively during our discussion as Michael used the exact policy language in his document to make his points. During the first segment of our 2 hour 2 minute show, Michael explained the origins of this show given my challenge to him from a few weeks ago to tell us why national space policies are important given that many of us, myself included, just view them as political rhetoric or something like that. Michael did a fantastic job of connecting the dots from back in the beginning with President Eisenhower through to President Obama, showing us the evolution of commercial/private space and much more. He also connected the dots on why our national space policy is significant on the global scene. Here, he used the definition of space as an example. After you listen to this program and read Michael’s paper, you will have a very clear understanding of the emergence of the commercial space industry as it is today, including government subsidies, plus many other parts of our space program, including the national security space program. During this segment, we went through the presidents starting with Eisenhower to see how each new presidential national space policy helped to create the legal and policy structure of today’s space industry, public and private. Michael explained policy from both the global view and the geo political view, again connecting the dots for us to what is happening in the space industry today. He was very clear in showing how the birth & development of SpaceX for example, was due in part because of our space policy and the laws congress enacted to support the goals of our national space policy which included private space and later on, even government subsidies.
In the second segment, we started taking more listener questions. Carl asked who actually creates the Presidential National Space Policy. Barbara asked if space property rights could be established through our space policy. This prompted another excellent discussion by Michael on the subject. June asked about our space policy enabling tourism and even visits or settlements on the Moon or Mars. Another question came in regarding the US having no jurisdiction over private companies but Michael referred everyone to the Outer Space Treaty, Article 6 as this gives jurisdiction to the states (government). Michael then had a few words to say about the significance of treaty law. Michael was asked if the president could be lobbied regarding specifics of a national space policy. Our guest received several emails thanking him for this program, saying it was extremely helpful and valuable. Toward the end, he was asked about other countries having a national space policy. Check out page 24 of his document as he has a chart showing the countries having or planning to create a space policy. Near the end, a listener asked him if the space policy could be used to help establish a new business or industry. Michael said yes, then provided us with an example relating to space debris. Don’t miss this discussion! As the show was ending, Michael gave a shout out to the George C. Marshall Institute which is noted in the references in his paper as they have available all the space policy documents and more that Michael discussed plus those we did not have the time to address. This is a superb resource and Michael was right on to give a shout out to this organization (http://marshall.org).
Please post your comments/questions on TSS blog above.
Open Lines, Sunday, 1-25-15 January 26, 2015
Posted by The Space Show in Uncategorized.Tags: " Returning to the Moon, Al Worden interview, archaeological excavation models for Mars, Dr. David Livingston, Dr. Doug Plata, inflatable habitats, John Logsdon new space book, Mars colonization, Mars Return Option, Michael Listner, Nixon space policy, nuclear thermal rocket, one way trips to Mars, Open Lines, permanent base on the Moon, radiation, radioactive debris threat to satellites, spaceflight to Mars compared to submarines, SpaceX satellite constellation plan, SpaceX vs. Air Force settlement, UFO files
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Open Lines, Sunday, 1-25-15
http://archived.thespaceshow.com/shows/2400-BWB-2015-01-25.mp3
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Guest: Open Lines with Dr. David Livingston. Topics: We discussed a wide range of space topics from Mars colonization to radiation issues, UFO files, the SpaceX-AF litigation, the Nixon space policy and much 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 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.
Welcome to our Open Lines program. During the first segment of our two hour seven minute program, we took several calls starting with John in Florida who wanted to talk about early Mars colonization, one way Mars trips and similar topics. He wondered about buried Martian ruins deep under the ground and I drew an analogy to archaeological digs here on Earth in finding towns and early civilizations buried on top of one another far below the surface of the Earth. John from Ft. Worth called in to talk about the Al Worden interview in which Al did not think there was any reason for returning to the Moon. You can read the Worden interview at http://www.dw.de/apollo-15-command-module-pilot-alfred-m-worden-nasa-took-a-step-backwards/a-18211468. I also asked John about the release of thousands of UFO documents, http://www.usatoday.com/story/tech/2015/01/19/air-force-ufo-files/21985651. John and I then returned to discuss more about the Worden interview, his comments on the shuttle, the ISS, Saturn V and more.
In the second segment, Michael Listner called to update us on the settlement of the SpaceX Air Force litigation. Michael summarized the mediation and the settlement details for us. Dr. Doug from S. California called to talk about a variety of topics including radiation. He referred to an Al Globus article regarding his view on shielding requirements. You can read Al’s article here: http://space.alglobus.net/papers/RadiationPaper2014.pdf. Doug also talked about a permanent base on the Moon and his Mars Return Option. Dwayne was the next caller and he spoke of John Logsdon’s upcoming book on Apollo and the Nixon space policy. He talked about all the budget cuts and slashes back then and how they negatively impacted the program. Dwayne also talked about the nuclear thermal rocket and the fact that it can’t go active until it out of Earth orbit. Adrian sent in an email about radiation debris putting satellites at risk. Here is the older NY Times article he sent me: http://www.nytimes.com/1995/02/26/world/radioactive-debris-in-space-threatens-satellites-in-use.html. Tim called to debunk the Mars crew living in a tuna can analogy and instead wanted to compare it to submarines. He got some pushback on his submarine analogy. Earlier, Jon from NJ had sent in a note about the SpaceX satellite plans & what this may mean for SpaceX.
Please post your comments/questions on TSS blog. You can reach any of the participants through me.
Michael Listner, Sunday, 10-26-14 October 26, 2014
Posted by The Space Show in Uncategorized.Tags: " SpaceX, Asteroids Act, Blue Origin, Boeing, Commercial Crew Award, Dream Chaser, drone air traffic control system, FAA, GAO, KC-Tanker case example, Michael Listner, NASA, regulations, space law, space law importance, space policy, space property rights, SpaceX litigation, ULA
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Michael Listner, Sunday, 10-26-14
http://archived.thespaceshow.com/shows/2344-BWB-2014-10-26.mp3
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Guest: Michel Listner. Topics: Drones, air traffic control, NASA, SpaceX, patents, reusability, property, space law & 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 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 Michael Listner back to the show for a wide ranging discussion on space law issues. During the first segment of our 95 minute show, Michael started by addressing the NASA program to develop an air traffic control system for drones. We spent the first part of this segment talking about the system, what it might be like, the partners working with NASA on the plan, the role of the FAA, and related items. Part of this discussion focused on the need for regulations as Michael said without some regulations there is chaos. The trick is to balance the regulations to maintain safety and order but also to enable commercial growth. In this segment, we talked about the Dream Chaser challenge to the decision by NASA re commercial crew with the awards going to Boeing and SpaceX. To help us understand the appeals process, Michael cited the recent KC-X tanker deal which Boeing appealed and ultimately won the contract. Michael then updated us with as much info as is known re the SpaceX-AF litigation over the bulk buy, then we talked about the patent dispute with Blue Origin and SpaceX regarding a reusable system meant to land on a barge.
In the second segment, the issues of space property rights & the Asteroids Act came up. Michael had some interesting observations that he shared with us. Let us know on the blog what you think about property rights & the Asteroids Act. A listener asked Michael about the prevailing law should a criminal act be carried out on a spaceship. Michael explained what would happen if such an event happened in space. Our guest was asked if he thought the midterm election would make a difference in space policy, Listeners & I then asked Michael what to look for regarding the balance of this year and into 2015 concerning space legal issues. Note what Michael pointed out to us. His concluding comments addressed the need for proper space law to facilitate commercial space growth & exploration.
Please post your comments/questions on TSS blog. You can reach Michael through me.
Michael Listner, Monday, 8-25-14 August 26, 2014
Posted by The Space Show in Uncategorized.Tags: " SpaceX, Asteroid Bill, Asteroid Redirect Mission, celestial bodies, China, Code of Conduct, commercial space, cubesats, Delta-V, diplomacy vs. treaties, ESA, Falcon 9. , Mars, Michael Listner, Moon, moving an asteroid, NASA, Outer Space Treaty, oversight/regulation, RD-180, Russia, space property rights, space treaties, U.S. STRATCOM, USAF
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Michael Listner, Monday, 8-25-14
http://archived.thespaceshow.com/shows/2303-BWB-2014-08-25.mp3
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Guest: Michael Listner. Topics: Space law, ARM & property rights, SpaceX-AF litigation, RD-180 engine & 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 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 Michael Listner back to the program for this update regarding specific space law issues and theories. In the first segment of the this 1 hour 48 minute program, Michael talked about the proposed Asteroid Bill in Congress and how to maybe get some limited property rights for asteroid mining by being able to move a small asteroid as in the NASA ARM project. Michael theorized that if one moves an asteroid, its no longer in its natural orbit and then no longer defined as a celestial body. We spent most of the first segment and a good part of the second segment discussing this theory and why it might work. When asked if it would apply to lunar property rights or other space property rights, Michael was clear that it only applied to a small asteroid that could be moved. He also said it would require an administration to endorse such a plan and that it would be difficult to establish as customary and it would certainly be an uphill effort. BJohn and others sent in email comments about this. As you will hear from BJohn’s emails which I read on air, not every thought positively about Michael’s idea. Michael also talked about other forms of international agreements being much easier to obtain than treaties. He also said the property rights policy battles would be fought diplomatically.
In the second segment, we talked about the SpaceX-US Air Force litigation and the AF Motion to Dismiss. Next, we covered the RD-180 rocket motor issue and Michael noted that a new shipment of RD-180 motors had been received. He also said there was new information suggesting Russia might want to expand the mission time for the ISS (http://www.parabolicarc.com/2014/08/25/russia-agree-iss-extension). Property rights and moving an asteroid came back as a topic in this segment & Michael again talked about treaties which he said were top down in policy making while transparency, etc. was considered bottom up policy making. We talked quite a bit about property rights being US one sided and he said that the Asteroid Bill actually enabled those outside the U.S. to put their projects under U.S. law for U.S protection. We moved on to cubesats and oversight/regulation issues. Near the end, Michael updated us on the Code of Conduct in which there should be another draft emerging in the near future. As the program was drawing to a close, I asked Michael for remaining 2014 legal issues that might get a 2014 resolve. We looked forward to early next year & our guest commented on issues involving Russia, China, and ESA.
Please post your comments on TSS blog above. You can reach Michael through me or using the email address he gave out on air as the program was ending.
John Batchelor Show Hotel Mars, Michael Listner, Wednesday, 7-9-14 July 10, 2014
Posted by The Space Show in Uncategorized.Tags: : John Batchelor, aviation and space law, Dr. David Livingston, Falcon 9. , legal standing, Michael Listner, U.S. procurement law, ULA, USAF block buy on launches, USAF Motion to Dismiss SpaceX law suit
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John Batchelor Show Hotel Mars, Michael Listner, Wednesday, 7-9-14
http://archived.thespaceshow.com/shows/2276-BWB-2014-07-09.mp3
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Guests: John Batchelor, Michael Listner, Dr. David Livingston. Topics: USAF Motion to Dismiss SpaceX lawsuit regarding block buy launches. You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog. 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). For those of you listening to archives on live365.com & rating the programs, please email me the reasons for your rating. This will definitely help improve Space Show programming. Thank you.
We welcomed back space attorney Michael Listner to explain and discuss the Air Force Motion to Dismiss the SpaceX lawsuit regarding launch block buys. Michael took us through the motion which claims SpaceX does not have standing to bring their suit. Michael explained the Air Force & ULA reasoning behind this position which they documented in detail in their motion. We talked about the evolution of space law, where it is going, and how it relates to various components of the space industry. Michael thought the Air Force motion was solid but one never knows what a judge might do. Also, he pointed out that these cases are decided in a way that is most favorable to SpaceX who brought the original action against the Air Force. Finally, this is not a regular court. This case is in the Court of Federal Claims. SpaceX has not yet replied but they have around 20 days from the date the Air Force filed their motion to respond. We will follow up on this story with the SpaceX response.
Please post any comments/questions you might have on The Space Show blog. You can contact any of us through drspace@thespaceshow.com.
