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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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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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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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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Lunar landers/rovers for sale!

Moon Express, one of the five finalists trying to win the Google Lunar X-Prize (GLXP) before it expires at the end of this year, announced today its long range plans, focused on building low cost lunar landers rovers, and sample return missions that could be purchased and launched for a tenth the cost of a typical government mission.

The GLXP mission won’t be the last lunar voyage for Moon Express, if all goes according to plan. Its deal with Rocket Lab covers up to five launches, and Moon Express wants at least two more to occur in the next few years, Richards revealed during a news conference today.

The first post-GLXP mission, scheduled to launch in 2019, will set up a robotic research outpost near the lunar south pole and prospect for water and other resources. Then, in 2020, Moon Express will launch the first commercial lunar sample-return mission. That effort, Richards said, should prove out the company’s technologies and its business model, which is centered around creating low-cost access to the moon’s surface for a variety of customers. The core piece of hardware to make all of that happen is a single-engine lander called the MX-1, which will launch on the GLXP flight. Moon Express aims to mass-produce the MX-1, sell it as a stand-alone lunar explorer and have it serve as a building block for three larger, more capable spacecraft — the MX-2, the MX-5 and the MX-9, Richards said today.

The MX-2 combines two MX-1s into a single package, boosting the MX-1’s payload capacity in Earth-moon space and potentially enabling missions to Venus or the moons of Mars. As their names suggest, the MX-5 and MX-9 incorporate five engines and nine engines, respectively, and broaden the exploration envelope even further, Richards said. All of these spacecraft will be available in orbiter, lander and deep-space variations, and the MX-5 and MX-9 vehicles will also come in a sample-return configuration.

Moon Express has not revealed how much it will charge for any of these spacecraft. However, company representatives have said that, together, the MX-1 and Electron can deliver a lunar mission for less than $10 million (that’s “cost,” not retail). Electron flights currently sell for about $5.5 million apiece, putting the lander’s raw cost at $4.5 million or less.

Essentially, they are taking the revolution in satellite technology that is making everything smaller and cheaper and applying it to planetary exploration. They are then offering this technology as a very cheap and fast option for scientists and governments. Based on these numbers, a mission to the Moon could cost a customer less than $20 million, which is nothing compared to a typical NASA mission. Even India’s Mars Orbiter was several times more expensive than this.

While I consider NASA’s planetary program second to none, and one of the best things it does, Moon Express is demonstrating, as has SpaceX with launch services, that private enterprise, if given the chance, can do it better.

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Africa and space

Link here. Prompted by the launch last week of Ghana’s first satellite from ISS, this article take a look at what other African countries are doing to become players in the new colonial movement, noting efforts being done by Nigeria, South Africa, Ethopia, Angola, and Kenya.

Overall, no African country is doing very much in space. The fact that this African-centered news outlet feels compelled to note this, however, suggests that the competitive urge might be stirring there.

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Australian academic group to review Outer Space Treaty

Another op-ed today once again notes that the Outer Space Treaty needs updating, and notes that an Australian working group linked to an academic international space conference in Australia in September will be reviewing the treaty and suggesting future revisions.

In late September 2017, Adelaide will host the largest space-related meeting on the annual calendar – the 68th International Astronautical Congress (IAC). In more recent years, there has been a companion conference just prior to the IAC – the Space Generation Congress (SGC). This was initiated on the request of states through the United Nations Committee on the Peaceful Uses of Outer Space to represent the interests of the next generation in outer space.

At the SGC, a group of young Australians will lead a working group of delegates from across the globe, to develop and propose a set of supplementary protocols to the OST, in order to adapt global space governance to the needs of the next 50 years.

The article emphasizes that any changes to the treaty should be made with future generations in mind, and this is one reason the members of the working group are being drawn from the Space Generation Congress, since this is an event comprised mostly of students. That they are modern academic students is nonetheless worrisome, considering the increasingly oppressive culture of modern academic student communities. I fear that their naive effort to establish rules will be based too much on the good intentions of young people, and we all know what path that puts us on.

A personal note: I will have another op-ed published this week by The Federalist on the recent efforts in both houses of Congress to deal with the Outer Space Treaty, and it includes my detailed analysis of the proposed space law that was approved by a House committee in early June.

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Professor who interfered with reporters loses job

Because of a severe drop in attendance, the University of Missouri has cut staff and reorganized departments, and in the process it appears that it might have finally cut the job of one of the professors who attacked reporters during the mob protests in 2015.

Where in Mizzou is censor Janna Basler? Director of the Office of Greek Life when she bullied and intimidated student journalist Tim Tai for doing his job – covering the race protests that swept the University of Missouri nearly two years ago – Basler was the subject of a formal complaint by a journalism professor who said she “tried to incite a riot.”

That didn’t stop her from getting promoted to associate dean of student life last fall. Now, it appears Mizzou’s financial woes have given the school an excuse to can the remaining employee who attacked journalists in November 2015.

Basler’s profile disappeared from a staff page in the wake of a departmental reorganization that merged part of the Division of Student Affairs into the Division of Operations, a move intended to save $1.5 million.

The more famous Melissa “I need some muscle over here!” Click left the university soon after the riots, but soon got a job in the communications department at Gonzaga University in Washington state, where I am sure she continues to teach students how to shut down debate and stifle freedom of speech.

The fate of Missouri, which has had its attendance crash since the 2015 riots, should be the fate of Evergreen, and Berkeley, and Gonzaga, and every college whose administrations condone violence and thuggery in order to stifle debate.

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Pablum from Pence on space

If you want to waste about about 25 minutes of your life, you can listen to the speech that Vice President Mike Pence gave today at the Kennedy Space Center here, beginning at the 49:30 minute mark.

My advice is that you don’t do it. Pence said nothing. He handed out a lot of empty promises and cliches, without any specifics or details of any kind. He confirmed for me what I have suspected of Pence for several years, that despite the fact that he lives and breathes a conservative and honorable personal life, as a politician he is a hack.

He made a big deal about the recreation of the National Space Council, which he now leads. However, as this article by Eric Berger properly noted the people who seem to be exerting the most influence on that council, on Trump, and on Pence are from the big space companies that have spent more than a decade and a half spending about $40 billion trying to build a big rocket (SLS) to fly a single unmanned test flight of the Orion capsule.

My pessimism here might be misplaced. We still do not know who will be on this space council. Furthermore, the Trump administration has been very good at doing a lot of public relations and soft stroking of its opponents in order to put them off guard prior to hitting them hard, where it hurts. This might be what Pence was doing here.

Nonetheless, the lack of any substance in Pence’s remarks makes me fear that he will be easily influenced by the big players who simply want the federal cash cow to continue sending them money, whether or not they ever build anything.

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