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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.

 

Dr. Edythe Weeks, Tuesday, 11-20-12 November 21, 2012

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Dr. Edythe Weeks, Tuesday, 11-20-12

http://archived.thespaceshow.com/shows/1897-BWB-2012-11-20.mp3

Guest:  Dr Edythe (Edy) Weeks.  Topics: We discussed her book, various commercial space development models, benefit sharing & 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. We welcomed Dr. Edythe (Edy) Weeks to the program to discuss her book, “Outer Space Development, International Relations and Space Law: A Method for Elucidating Seeds.” You can buy her book on Amazon & if you use the following URL, Amazon will contribute to The Space Show/OGLF: www.amazon.com/Outer-Space-Development-International-Relations/dp/1443839655/ref=onegiantlea20.  During our first segment of this 2.5 hour discussion, Dr. Weeks introduced us to her book and the need to understand space development from an international relations perspective.  We talked about how the industry has evolved over the last 20+ years, innovations such as citizen science suborbital missions, new commercial players, & innovative business ideas such as asteroid mining.  Dr. Weeks talked extensively about the need for an ideological shift toward space throughout the non-space population & within our global educational systems.  When Todd from San Diego emailed Edy as to how to create the ideological shift, that opened a discussion on how such shifts are created.  It was very interesting that one of the major examples cited by our guest included the growth & popularity of tattoos.  This sparked quite a conversation, some of it laced with humor, lots of fun, but also relevant points to our discussion.  As our segment was ending, our guest talked about the need to include other perspectives in the space benefits, those coming from outside the STEM fields.
     In our second & very long segment, I opened up asking Edy about the ideas in her book in support of benefit sharing & the Common Heritage of Mankind concepts found in some of the U.N. space treaties.  This discussion prevailed for the balance of our program as our guest is looking for new and different business & social models for space to be more inclusive which she believes will lead to more space commerce.  I took a challenging & argumentative position throughout most of the discussion in explaining why most in the NewSpace and commercial space industries do not support benefit sharing and why. We talked about the need for property rights & why such rights would facilitate commercial development.  Dr. Weeks was not supportive of the property rights positions, looking more for space development to accomplish much needed social change and reform around the world. Also, she made the case that property rights were not needed nor supported by the treaties & their working papers. Dr. Weeks did clarify her position regarding capitalism, the U.S., commercial space companies & benefit sharing ideas so don’t miss her clarification. Let us know your thoughts on our blog. Tax revenues were discussed but as you will hear, our guest focuses on actual benefit sharing beyond tax payments to help create wealth for everyone, including those that would be the recipient of the benefit sharing programs & the commercial space business.  We talked about voluntary charitable giving as compared to mandatory or government required giving through benefit sharing.  I cited Microsoft & Google models for why private sector giving with the pursuit of business unfettered by government induced benefit sharing is better.  Tim called in to express his very strong views in support of the private sector & his opposition to reallocation of resources regardless of how it is termed by either government or the UN.  Edy referenced the OST & the Moon Treaty in making her points, making the case that outer space resources belong to everyone, not just the developer.  While we did use an outrageously successful multi-trillion dollar model for our discussion of the space mining example, the idea was made that the company could easily afford to “give” a percentage to the benefit sharing process, over & above taxes, assuming the company was profitable, even at more realistic levels.  Our guest was very articulate in presenting her views & ideas, plus her book does a very good job of comprehensively dealing with what we just barely had time to scratch during our program.  For more information, check out Edy’s blog and YouTube video:  www.youtube.com/watch?v=okyVWJglxow & http://blogs.webster.edu/globalthinking/blog/2012/07/16/outer-space-development-is-subject-of-new-book-by-hpirs-edythe-weeks/#more-2802.
     Please post all comments/questions about this discussion on The Space Show blog.  I will bring all comments to the attention of Dr. Weeks on a regular basis.

The John Batchelor Show, Hotel Mars, Wednesday, 4-25-12 April 25, 2012

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The John Batchelor Show, Hotel Mars, Wednesday, 4-25-12

 John Batchelor, Mary Kissel, Rand Simberg, Dr. David Livingston

 http://archived.thespaceshow.com/shows/1760-BWB-2012-04-25.mp3

Guests:  John Batchelor, Mary Kissel, Rand Simberg, Dr. David Livingston.  Topics: Space Property Rights. 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. 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. The topics in this 11 minute segment focused on private enterprise in space and the establishment of space property rights.  We talked about the current situation regarding space property rights, the Outer Space Treaty, Benefit Sharing, The Moon Treaty, and the need to have property rights to support commercial space development.  We also talked about Rand’s concept, “Homesteading the Final Frontier” which supports the idea of land claims. You can download and read his paper at http://cei.org/sites/default/files/Rand%20Simberg%20%20Homesteading%20the%20Final%20Frontier.pdf.  If you have questions or comments, please post them on The Space Show blog. 

If you would like to send an email to either Mr. Batchelor, Mary Kissel, or Rand Simberg, do so through me at drspace@thespaceshow.com and I will forward it for you.

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