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Michael Listner, Monday, 8-25-14 August 26, 2014

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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.

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.

The John Batchelor Show “Hotel Mars,” Wednesday, 5-16-12 May 17, 2012

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The John Batchelor Show “Hotel Mars,” Wednesday, 5-16-12

http://archived.thespaceshow.com/shows/1776-BWB-2012-05-16.mp3

Guest: Guillermo Sohnlein.  Topics:  The Sea-Space Initiative, synergies with the oceans and 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. 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 11.5 minute segment, Guillermo Sohnlein joined us to talk about the first of several upcoming Sea-Space Initiative Workshops to help develop long-term strategic plans as well as near-term tactical projects that are synergistic between the oceans and space.  This first workshop takes place next week at the offices of Google, Inc. in Silicon Valley, California.  For more information, please visit http://seaspaceinitiative.org. Our guest talked about both inner and outer space, he mentioned several synergistic industries, we talked about NASA’s interest in the oceans plus a host of other issues.  John also asked about the Law of the Sea Treaty and the space treaties in terms of impact on sea and space future opportunities/obstacles.  I will be attending the workshop and in fact am chairing the communications panel discussion.  I will report on the workshop on our next open lines program.

If you want to email John Batchelor, you can do so through me at drspace@thespaceshow.com. Please post your comments/questions on The Space Show blog.

Matthew Kleiman, Monday, 11-28-11 November 29, 2011

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Matthew Kleiman, Monday, 11-28-11

http://archived.thespaceshow.com/shows/1662-BWB-2011-11-28.mp3

Guest:  Matthew Kleiman.  Topics:  Protecting Apollo artifacts on the Moon, space legal & property rights issues.  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.  The Space Show/OGLF is now engaged in its annual fundraising drive. Please see & act upon our appeal at https://thespaceshow.wordpress.com/2011/11/21/space-show-2011-fundraising-campaign. We welcomed Matthew (Matt) Kleiman to the show to discuss his recent TSR article, “Protecting Apollo artifacts on the Moon, written on November 7, 2011. You can read the article at www.thespacereview.com/article/1961/1.  We began our discussion by describing the Apollo artifact situation, explaining ownership of them per the Outer Space Treaty in that there is no space salvage law.  He said NASA recently issued guidelines for protecting the Apollo artifacts given the likelihood that private companies and possibly other nations might get to the sites, disturb or alter them, or even contaminate a few of the ongoing experiments that are still functioning.  As you will hear, the guidelines are not enforceable, they are voluntary, and  you can find them at www.collectspace.com/news/NASA-USG_lunar_historic_sites.pdf.  We spent a major part of this segment talking about the guidelines and related issues.  Also discussed were liability issues and the problem with determining negligence regarding space activities.  A listener asked about the timing of the NASA guidelines announcement given that at least for now, we are unable to return to the Moon.  Matt then separated out robotic missions to the Moon as compared to humans returning to the Moon.  Our discussion also took us to the issue of property rights on the Moon and elsewhere in space.  We started the next segment by asking Matt about the Moon Treaty and its status.  We talked some more about salvage law for space and addressed the issue of why the US prefers to use international law for protecting the sites rather than doing it unilaterally as that raises potential sovereignty issues posed the by the space treaties.  Phobos-Grunt came up with regards to space debris issues.  During our space debris discussion, we talked about liability, the fact that an individual cannot bring an action other than through his/her country (the State Department for U.S. citizens) and more.  Matt talked about and described the Reasonable Person Doctrine.  A listener asked about the Google Lunar X-Prize and Matt briefly talked about the Draper programs with two teams.  He also told us about the long standing Draper Labs participation in our space program and that Draper Labs was the first non-government Apollo team member.  Another listener asked about the common heritage of mankind language in the Moon Treaty and to a lesser degree in the Outer Space Treaty.  Toward the end of our discussion, we talked about the challenges for making new treaties and the concepts/programs being used to accomplish nearly the same as a treaty but using a process other than a treaty.  If you have questions/comments, please post them on The Space Show blog URL above.  Matt can be emailed at matthew.kleiman@gmail.com.