Luxembourg parliament adopts draft space law

Capitalism in space: The Luxembourg parliament yesterday adopted a draft space law that will allow that country to authorize, under the Outer Space Treaty, future private enterprise missions in space, including mining on the Moon and the asteroids.

The press release makes the following claim:

The Grand Duchy is thus the first European country to offer a legal framework ensuring that private operators can be confident about their rights on resources they extract in space. The law will come into force on August 1, 2017. Its first article provides that space resources are capable of being owned. The country’s law also establishes the procedures for authorizing and supervising space exploration missions.

In reading the actual law [pdf], however, I do not think this really does what they claim. All the law does is simply state that “Space resources are capable of being appropriated.” That’s it. They are essentially saying that any private profit-oriented mission that launches under Luxembourg’s authorization will have their blessing to take as much from any planetary body as they desire. No property rights are delineated, including the borders of any territory owned, which is not surprising since the Outer Space Treaty forbids Luxembourg from doing so.

In fact, I think this illustrates for us all the future as we colonize the solar system, assuming the Outer Space Treaty is not revised or dumped. Like pirates, nations (or their citizens) will grab as much as they can, and will then use force to protect those holdings from any one else. Everyone will have to do this, because there will be no legal framework to establish their claims.

Since it appears, at least for the present, that no one wants to change the Outer Space Treaty, expect the future in space to be a brutal legal nightmare for all involved.

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First Starliner manned flight delayed to late 2018

Boeing has revealed that the first manned flight of its commercial Starliner capsule will likely be delayed a few more months to late 2018.

The latest confirmed schedules from NASA show the uncrewed mission, dubbed the Orbital Flight Test (OFT), slated for No Earlier Than June 2018, followed quickly in August 2018 by the crewed flight test.

However, comments made by Chris Ferguson last month at the Paris Air Show seem to indicate that the crewed flight test is moving from its August timeframe. According to Mr. Ferguson, Director of Crew and Mission Operations for Boeing’s Commercial Crew Program, the first Starliner crewed test flight is aiming for “last quarter of 2018” – which would be a shift of two to five months into the October to December 2018 timeframe.

The unmanned test flight, however, remains set for a June 18, 2018 launch.

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More news from racist Evergreen State College

Bigoted academia: The Board of Trustees of Evergreen State College decided yesterday to hold a “listening session.” Not surprisingly, they heard a lot of stories about how whites are considered second class citizens on the campus, and the attempt by some to challenge that status recently resulted in violence, harassment, and mob rule.

At the link are videos of testimony from two people that will make your blood run cold. This campus has become no different than an on-going hate session from Orwell’s 1984.

It is as important to listen to the testimony of the campus’s defenders. The statement of one professor in particular reveals their willingness to excuse bigotry, violence, and hate, all in the name of their personal “narratives,” whatever that means.

Professor Carolyn Prouty was especially blunt about wanting to see the Board “strategically” change the narrative.

“Finally moving forward it is critical that we all, including the Board I submit, thoughtfully and strategically choose the narratives that we tell about what happened,” Prouty said. She continued, “We are now in the time of sense-making, that is what I hear that you are here to do today. I want to advocate that each of us, all of us strategically and thoughtfully choose to listen, find and tell the stories of what happened, stories that understand social change to be messy and righeteous, difficult and necessary.”

In other words, make believe the bad stuff didn’t happen, and let the protesters off with no punishment.

I once again ask: Would you want to send your kids to this school? Would you want to attend it? I wouldn’t.

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Commercial space has won

Today the Senate Subcommittee on Space, Science, and Competitiveness, chaired by Senator Ted Cruz (R-Texas), held the third of a series of hearings on the future regulatory framework required for American commercial space to prosper.

My previous reviews of the past two hearings can be found at these links:

In today’s hearing the witnesses in general once again called for a variety of reforms that would simplify the regulatory process for private enterprise. Dr. Moriba K. Jah, associate professor from University of Texas at Austin, suggested removing NOAA’s veto power on remote sensing, something that the proposed House bill I analyzed in my Federalist op-ed actually does). Jeffrey Manber of Nanoracks suggested giving the private sector a certain date when ISS will be decommissioned so that they can more easily obtain investment capital for building the privately-built space facilities that will replace it. Tim Ellis of Relativity, a company trying to build rocket engines manufactured entirely by 3D printing, called for more American spaceports, accessible by private companies, as well as a simplification of the FAA permitting process. Robert Cabana, Director at the Kennedy Space Center, talked about the need for government facilities to provide the infrastructure for private companies, as the center has done for the private launch sites and manufacturing facilities they have helped get established at Kennedy since the retirement of the shuttle.

Tim Hughes from SpaceX topped them all.
» Read more

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House Republicans push for big spending in Defense and NIH budgets

Failure theater: Two different House committees have chosen to ignore the budget cutting recommendations of the Trump administration and add billions to the budget of the National Institute of Health while approving — against the objections of the administration — the creation of a military “space corps.”

The first story is especially galling. Instead of cutting NIH’s budget to $25.9 billion, which is about what the agency got in the early 2000s, the increase to NIH would raise its budget from $31.8 billion to $35.2 billion. Worse, the House proposal would continue the policy where NIH pays the overhead for any research grants, which has been an amazing cash cow for American universities, most of which are leftwing partisan operations whose focus these days is often nothing more than defeating Republicans and pushing agenda-driven science.

Trump was right to push for those cuts. The Republicans are fools to eliminate them.

As for the second story, as I noted yesterday, the limitations of the Outer Space Treaty are almost certainly what is pushing Congress now to create a separate military space division. That and a greedy desire to establish another bureaucracy where they can take credit for any additional pork barrel funding. While such a force will certainly be necessary should the Outer Space Treaty not be revised to allow sovereignty and the establishment of internationally recognized borders, it is simply too early to do so now. The result will be a bureaucratic mess that will only act to waste money and possibly hinder private development in space.

But then, that’s what too many Republicans, like Democrats, want. They aren’t really interested in the needs of the country. They are interested in pork and power, for themselves.

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Australia to consider forming its own government space agency

The new colonial movement: The Australian government is studying the idea of forming its own space agency.

With ever-increasing dependence on satellites for communication and navigation, an Australian space agency could oversee the launch of satellites.

But, initially, an Australian space agency’s main role would be to help keep jobs and $3 billion of spending in Australia rather than flowing overseas. The agency would also help Australians take advantage of satellite technology, especially for farmers.

This proposal is actually all about the requirements under Article VI of the Outer Space Treaty. If Australian companies wish to do anything in space, the treaty requires Australian to have some legal framework in place to regulate that activity. The regulations can merely rubber-stamp an approval for any private operation, but they must exist. Without them Australian companies will be forced, for legal reasons, to go to elsewhere to make their space endeavors happen.

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Giant iceberg breaks off from Antarctica

We’re all gonna die! A giant section of the Antarctic ice shelf, about the size of the state of Delaware, has finally broken off from the main ice cap.

The Science article immediately tries to tie this event to global warming, as articles in this pro-global warming journal are always eager to do. The problem is that there is no way to really do that, as the author himself is forced to admit.

Climate change has a new poster child: a massive iceberg the size of Delaware—one of the largest ever recorded—that early this week calved off Larsen C, the largest remaining ice shelf off the Antarctic Peninsula, scientists announced today. Although researchers cannot explicitly connect the calving event to warming air or water, those monitoring the event are now concerned that the entire shelf, after shedding more than 12% of its area, could follow the fate of its more northern peers, Larsens A and B, which collapsed entirely in 1995 and 2002, respectively.

The Antarctic icecap has been growing in recent decades. Just because a big piece broke off this week tells us nothing about the overall global climate. Furthermore, take a look at the map at the link. On the scale of the entire Antarctica icecap this iceberg is actually only a tiny piece. Such calving events are actually the normal process that occurs at the icecap, and every scientist who studies this subject knows it. Like a glacier, the icecap accumulates snow and ice in its center, which slowly flows outward to the sea, where it eventually breaks off to rejoin the Earth’s normal water cycle. There presently is little evidence that more ice is exiting the icecap than is accumulating at its center.

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White House rejects House proposal to create a military “Space Corps”

The White House today objected to a House defense policy bill that included a number of provisions, including the creation of a separate “Space Corps.”

Proposals to build the “Space Corps,” to prohibit a military base closure round, levy notification requirements for military cyber operations, develop a ground-launched cruise missile — and to “misuse” wartime funds for enduring needs — were some of the Trump administration targets.

The White House stopped short of threatening a veto, however, and said it looks forward to working with Congress to address the concerns. Still, the list will provide ammunition to Democrats and Republicans who hope to pick off provisions of the 2018 National Defense Authorization Act when it comes to the House floor on Wednesday.

The idea at this time of establishing a separate military division devoted to space military operations is absurd, a waste of money, and would only create an additional bureaucracy that no one needs right now. However, in reading this op-ed by retired Air Force colonel M.V. “Coyote” Smith, one of the early proponents of this idea, I am not surprised to learn that one of the key good reasons for creating such a force is the Outer Space Treaty. As Smith notes,

Created at the height of the moon race between the two principle [sic] Cold War antagonists and others, the Outer Space Treaty was designed to prevent either power from claiming sovereignty over the entire moon upon arriving first. It succeeded. Unfortunately, it forbids any national appropriation of real estate and resources in space.

This prevents the issuance of property deeds and the awarding of resource rights to any part of the planets, moons and asteroids, without a potential legal contest. This also frustrates commercial and private entities whose business plans require legal clarity.

Thus, the limitations of the Outer Space Treaty forces the need for a military force to protect the rights of any American individual or businesses in space. As I said today in my op-ed for The Federalist:

The Outer Space Treaty poses limits on property rights. It also does not provide any mechanism for peacefully establishing sovereignty for any nation on any territory in space. Yet national sovereignty and territorial control is a given in all human societies. If we do nothing to establish a peaceful method for creating sovereignty and national territories in space, nations are going to find their own way to do it, often by force and violence.

Thus, no one should be surprised by this first proposal. It might be too soon, but it probably is not as soon as many critics claim. Unless we get the Outer Space Treaty revised to allow the establishment of internationally recognized borders, the need by everyone for a military in space to defend their holdings will become essential. And what a messy process that will be.

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