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.
Michael Listner, Monday, 5-5-14 May 6, 2014
Posted by The Space Show in Uncategorized.Tags: " SpaceX, block core buy, competitive bid process, contract law, Dmitry Rogozin, EELVs, ELVs, ISS, launch schedule, Michael Listner, NASA, national security satellites, national security space, Presidential Executive Orders, Russia, space law, U.S. Air Force, U.S. sanctions on Russia., ULA
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Michael Listner, Monday, 5-5-14
http://archived.thespaceshow.com/shows/2238-BWB-2014-05-05.mp3
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Guest: Michael Listner. Topics: Space law issues regarding the SpaceX litigation against the Air Force/U.S. Government & Russia & NASA re moving forward on ISS & 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 to explain the legal issues involved in the SpaceX-Air Force lawsuit and to discuss the Russian-NASA issues regarding the ISS as a result of U.S. sanctions on Russia and Russian leaders due to the crisis in the Ukraine & Crimea. In the first segment of our 90 minute program, Michael addressed the SpaceX law suit. He explained that it was a bid protest law suit, he explained the background and the legal issues involved. He also said SpaceX was not asking for money but for a Declaratory Judgment that they are eligible to bid on bulk buy launch services which up to now have been the exclusive domain of ULA. He also said it was the court that picked up on the national security issue regarding ULA, the RD180 engine and the continued purchase of the engines from Dmitry Rogozin & Russia in spite of the Executive Order that may prevent such new purchase activity. On this issue, the court issued a temporary injunction in favor of SpaceX. He also explained the process wherein ULA has joined the action as an interested party. Our entire first segment was devoted to Michael responding to listener questions, explaining the legal concepts, and making sure we understood what this law suit was about and the legal issues the lawsuit focuses on.
In the second segment, Michael started off with a few clarifications dealing with the lawsuit and mentioned that as he understood it, ULA had offered the Air Force a guarantee to replace the launch and satellite if one of their launches failed. Given ULA resources, that would not be that unusual but it would be a hard act for SpaceX to follow given the fact that SpaceX is young and still growing/developing. We then switched to the topic of Russia and NASA. Here, Michael talked about legal agreements and treaties, including the ISS Agreement among partners known as the IGA (he said it amounts to a treaty). He did not think it would be that easy for the current problems with Russia as a result of our sanctions given the Ukrainian and Crimean issues to escalate to taking down the ISS agreement and other space activities underway with Russia and NASA. Michael was asked about the likelihood of NASA getting more funding and working with SpaceX to fastback the Dragon development for taking humans to the ISS. Other questions took us back to the lawsuit discussed in the first segment. As we neared the end of the program, Michael also talked about the PR campaigns by SpaceX and ULA and how this was a high stakes lawsuit.
Please post your comments/questions on The Space Show blog. You can contact Michael through me. For Twitter use Michael J. Listner@ponder68.
The John Batchelor Show Hotel Mars, Wednesday, 4-30-14 May 1, 2014
Posted by The Space Show in Uncategorized.Tags: : John Batchelor, ATTY, China space policy, Hotel Mars, Michael Listner, Outer Space Treaty, Russia & the ISS, space militarization, SpaceX DOD litigation
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The John Batchelor Show Hotel Mars, Wednesday, 4-30-14
http://archived.thespaceshow.com/shows/2235-BWB-2014-04-30.mp3
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Guests: John Batchelor, Michael Listner, Atty, Dr. David Livingston. Topics: China & space militarization, Russia & ISS, SpaceX DOD litigation, & RD180 engine. 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 to Hotel Mars attorney Michael Listner to help us discuss recent statements by the Chinese President indicating that China should pursue the militarization of space. Coupled with this were the new warnings from Russia that our new sanctions against Russia may force Russia to cease working with the U.S. in space. Finally, we talked with Michael about the SpaceX lawsuit against the DOD so that they can break the ULA launch monopoly for Air Force high value satellites. Michael took us through discussion points on each of these issues and from a legal perspective.
Please post any comments/questions you might have on The Space Show blog. You can contact any of us through drspace@thespaceshow.com.
Michael Listner, Sunday, 12-1-13 December 1, 2013
Posted 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
http://archived.thespaceshow.com/shows/2133-BWB-2013-12-01.mp3
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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, 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.
John Batchelor Hotel Mars, Wednesday, 7-24-13 July 25, 2013
Posted by The Space Show in Uncategorized.Tags: : John Batchelor, asteroid mining, asteroids, John Batchelor Hotel Mars, Michael Listner, Moon Treaty, NASA, Outer Space Treaty, resource allocation, resource redistribution profit sharing.
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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, 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. 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.
