Court of Appeals rules FAA drone registry illegal

The law is such an inconvenient thing: The U.S. Court of Appeals has ruled that a recently imposed FAA requirement that amateur drone operators register their drone with the FAA is illegal.

Introduced in 2015, the mandatory drone registry required owners of unmanned aircraft weighing between 0.55 and 55 lb (250 g and 25 kg) to register their machines with the FAA. If not, they faced fines of up to $250,000.

This drew the ire of some in the drone industry, and the many hobbyists who had been flying small aircraft recreationally for years. One such hobbyist, John Taylor, went to the lengths of challenging the FAA’s new rule in the US Court of Appeals. Today, that court ruled in his favor.

“Taylor is right,” the decision reads. “In 2012, Congress passed and President Obama signed the FAA Modernization and Reform Act. Section 336(a) of that Act states that the FAA ‘may not promulgate any rule or regulation regarding a model aircraft’ … The FAA’s 2015 Registration Rule, which applies to model aircraft, directly violates that clear statutory prohibition. We therefore grant Taylor’s petition and vacate the Registration Rule to the extent it applies to model aircraft.”

It is not surprising that a bureaucrat or government agency would try to impose more regulations on the public than is required or allowed. It is all about power, and these regulations give power to the regulators. What is different today is that the federal bureaucracy is now so large and so involved with regulating so many private activities, while the law has simultaneously become so complex and difficult to track, that these abuses happen routinely, unless someone with enough personal resources and determination decides to fight. And even here there is no guarantee that the courts will apply the proper law.

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The first 3 of a 200 nanosat constellation delivered for launch

Capitalism in space: Sky and Space Global (SAS) has delivered the first three nanosats — of a planned 200 nanosat constellation — to India for launch.

The first three nanosats are to be launched by India on its PSLV rocket, but SAS has contracted Virgin Orbit to use its LauncherOne to put the next 197 up. They had made this first announcement last summer, saying the first three would launch in the second quarter of 2017. It appears that they are holding to that schedule.

They also said that LauncherOne would begin launching the other 197 satellites in 2018. For this I remain far more skeptical, since the track record at Virgin in getting its spacecraft off the ground on schedule has not been good.

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Rocket Lab gets another contract

Capitalism in space: With its first test launch set for Monday, Rocket Lab today earned a new launch contract, this time from Spaceflight, a company that acts as a charter company putting together launches for smallsat companies.

Spaceflight buys a launch from a rocket company, and then sells slots to smallsat companies that cannot afford to buy the whole launch. This way Spaceflight can tailor each launch to the needs of the different smallsats. Though they have previously purchased launches from India’s PSLV, Russia’s Dnepr, and SpaceX’s Falcon 9, Rocket Lab’s Electron fits this model more perfectly, because — as a small rocket designed for smallsats, it doesn’t require a lot of smallsats to fill its payload. Thus, they can offer the smallsats on board access to orbits not normally available. This will make it relatively easy to find customers for the launch.

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Cruz to hold hearing on updating Outer Space Treaty

Senator Ted Cruz (R-Texas) revealed today that he plans to hold a hearing next week on reviewing the Outer Space Treaty.

Sen. Ted Cruz (R-Texas) said in an on-stage interview during The Atlantic magazine’s “On the Launchpad” event here that the hearing, scheduled for May 23, would explore modifications to the Outer Space Treaty of 1967 to better enable commercial space activities. “We’ll be hearing testimony both from lawyers who have studied the issues and also from business leaders that want to expand commercial investment in space,” he said, “considering how do we update and modernize the treaty to reflect the realities of the modern world.”

He said he was concerned that the treaty, crafted at the height of the superpower space race of the 1960s, does not reflect the needs and interests of emerging commercial space companies. “The central focus of that treaty was preventing nuclear weapons in space. That’s a very good thing,” he said. “But, 50 years later, we’re in a very different environment.”

Cruz said he didn’t have specific changes to the treaty in mind. “I don’t want to start by making decisions before we hear testimony and before we think through it,” he said. He added he hoped that, like recent space-related legislation that has passed Congress, including the Commercial Space Launch Competitiveness Act of 2015, to win bipartisan agreement to pursue efforts to “modernize it to create the incentives for continued investment.”

I had sensed this might be Cruz’s next move, based on the last hearing, and it is gratifying that he is going to go forward with it.

Update: The list of witnesses can be found here. The committee webpage also says they will be focusing on Article VI of the Outer Space Treaty, which does not discuss the issue of sovereignty (Article II). Instead, Article VI says this:

States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.

I begin to sense the direction this negotiation will head. Rather than claim sovereignty, they will rework this clause to allow each nation’s laws to apply to the activities of their citizens. In a sense, this is an end-around Article II.

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Dubai of the UAE and its push for science, space, and technology

Link here. The article provides some context for the various stories I have posted recently about the UAE’s ambitions in both space and other hi-tech projects.

They are without doubt thinking big, and the article gives their effort a strong positive spin. However, this quote seemed significant to me:

If Dubai’s future is as a knowledge hub, it will have to fulfill the dreams of more than just the Emiratis. With rare exceptions, only they are allowed to be citizens, and since visas are based on employment, deportation isn’t so much an extreme consequence as an everyday worry. That may have mattered less to the Emiratis when labor was expendable. But to compete for global talent, Dubai needs to transform from a transitory polyglot society to a permanently cosmopolitan one—an ambition that has become a talking point of Sheikh Mohammed. “The uniqueness of Dubai is the fact that it is a melting pot of the world’s cultures, ethnicities, and minds in one city,” he said in a statement.

Al Gergawi acknowledges the challenge of that transition in his own vague way. “I’m saying we’re not perfect,” he says. “We are young kids on the block, if you look at the block as the world. Every day we say: ‘How can we improve? How can we move to the next step in every single aspect?’”

Maybe it is necessary to grade Dubai on a curve. By the standards of a liberal democracy, Dubai remains retrograde. There is no democratic representation, poor freedom of the press, and homosexuality remains illegal. But compared with the rest of the Arab world, Dubai is a beacon of openness and modernity. Thirty percent of the cabinet members are female (compared with 0 percent in Saudi Arabia and 6 percent in Jordan), as is 66 percent of the government workforce.

Then there was this quote, by Sarah Amiri, the 30-year-old science lead for the UAE’s Mars mission, dubbed Hope.

“We get told by His Highness Sheikh Mohammed that the most important part is the scientists and engineers who are going to come out of this,” she explains. Accordingly, the mission staff skews young. Everyone is under 35, the average age is 27, and 30 percent are female. Amiri speaks passionately about inspiring the youth of the Arab world. “We need to give them monumental challenges to solve.” [emphasis mine]

“Get told.” This is still a top-down society. Sheikh Mohammad might have wonderful dreams, but such dreams cannot easily be imposed on a society by one man. I remain skeptical, though I readily admit that they have done remarkably well in a very short period of time.

At the same time, I cannot help wondering if they would welcome any Israeli scientists or engineers. Somehow I doubt it, no matter how much they claim that they are a melting pot.

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A former leftist sees the light

Link here.

I have been wondering why more people on the left are not speaking up against violence, in favor of free exchange of ideas and dialogue, in favor of compassion. But I know why. I was in the cult. Part of it is that you are a true believer, and part of it is that you are fearful of being called an apostate — in being trashed as a sexist, racist, homophobic, transphobic, Islamophobic, xenophobic, fascist, white supremacist nazi. A friend recently wrote to me privately to say they find my latest posts “refreshing,” and that they believe in free speech, but as someone who works in entertainment, they can’t say anything that might cause them to lose their job. As someone who has gone through and is still going through a change in my underlying systems of belief, I can say this: when you finally get past fear, it is so liberating. After a lot of self-reflection, I eventually came to the opinion that if I lose friends or jobs over trying to speak and find the truth in situations, and to do so in a way that reflects my belief in compassion, then perhaps those were not friends or jobs that were healthy for my growth.

There is a lot more. Read it all. The key is that the violence, thuggery, and outright viciousness of the modern left is actually doing nothing to persuade anyone. If anything, it is offending people, turning them off, and making people like the writer above rethink their assumptions. Suddenly, she finds herself listening to conservatives, and discovering that they are actually not fascists, but believe in freedom, tolerance, justice, and treating people with respect, ideas that have increasingly disappeared from the leftist community.

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Engine test of Blue Origin BE-4 engine goes bad

Capitalism n space: Blue Origin today revealed that an engine test of its BE-4 rocket engine, intended for sale to ULA as well as the basis for their own New Glenn rocket, went wrong.

In a rare update, the Blue Origin space venture founded by Amazon billionaire Jeff Bezos reported that it lost a set of powerpack test hardware for its BE-4 rocket engine over the weekend, but added that such a setback is “not unusual” during development. “That’s why we always set up our development programs to be hardware-rich,” the company tweeted today. “Back into testing soon.”

The announcement was via a tweet, and they have released no additional details.

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North Korea completes ballistic missile test

North Korea today successfully completed a ballistic missile test.

The unidentified ballistic missile was launched at 5:27 a.m. Sunday Seoul time (4:27 p.m. Saturday ET), off Kusong north of the North Korean capital of Pyongyang, a South Korean military official told NBC News. The missile flew around 30 minutes and landed in the Sea of Japan, also known as the East Sea, Japan’s chief cabinet secretary said.

The missile is not believed to be an intercontinental ballistic missile, U.S. Pacific Command said. Defense officials said the U.S. is assessing whether it was a success of failure. “Right now it sure looks successful,” one U.S. defense official said.

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The press begins to turn against SLS

This report by Eric Berger of Ars Technica, describing the press teleconference today where NASA announced that they would not fly humans on the first SLS flight in 2019, reveals a significant political change.

In the past, most mainstream reporters would routinely accept NASA’s announcements about SLS. If the agency said it was great, their stories would wax poetic about how great it was. If NASA said its greatness was causing a delay, their stories would laud NASA had how well it was doing dealing with SLS’s greatness, even though that greatness was forcing another delay. Never, and I mean never, would NASA or these reporters ever talk about the project’s overall and ungodly cost.

This press conference was apparently quite different. The press had lots of questions about SLS and its endless delays. They had lots of questions about its costs. And most significant, they had lots of questions for NASA about why the agency is having so much trouble building this rocket, when two private companies, SpaceX and Blue Origin, are building something comparable for a tenth the money in about half the time.

During the teleconference, Ars asked Gerstenmaier to step back and take a big-picture look at the SLS rocket. Even with all of the funding—about $10 billion through next year—how was the agency likely to miss the original deadline by as much as three years, if not more?

“I don’t know,” Gerstenmaier replied. “I don’t know—I would just say it’s really kind of the complexity of what we’re trying to go do, and to build these systems. We weren’t pushing state-of-the-art technology, like main engines sitting underneath the rocket or new solid rocket boosters. But we were pushing a lot of new manufacturing, and I think that new manufacturing has caused some of the delays we’ve seen. No one welds the way that we’re welding material at the thicknesses we’re welding.”

…Later, the NASA officials were asked about private companies such as SpaceX and Blue Origin, which are also building heavy-lift rockets but at a very limited cost to taxpayers. What would they have to say about just buying those vehicles off the shelf, at significantly lower cost than an SLS launch, and preserving NASA’s funds to execute in-space missions?

Gerstnmaier’s explanations for SLS’s delays and costs, that it is a very complex and advanced piece of rocket engineering, is total bunk. This was supposed to be an upgraded Saturn 5, but it will only be able to lift about 70% of the payload. It is using the actual shuttle engines, and upgraded shuttle solid rocket boosters. While new engineering was required to refit these for SLS, none of that should have been so hard or expensive.

The key here is that members of the press are finally aware of this, and are asking the right questions. With Falcon Heavy about to launched multiple times before SLS even launches once, the continuation of this boondoggle is becoming increasingly difficult to justify.

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American colleges: Today’s blueprint for tomorrow’s totalitarian state

Link here.

I could quote almost every line. Greenfield successfully says what I have been thinking and noting (but not very successfully) for the past several months, that today’s American colleges have become oppressive places, run by violent leftist and racist mobs, and that this vision provides us a peek into the future of America. As he concludes:

Colleges have always been the training ground for the leaders of tomorrow. The blueprints for a new society begin there. If you wanted to know what leftist ideas would be going mainstream in a decade, you went to a fashionable college. The leftist idea that is going mainstream [today] is a totalitarian state.

… Imagine what tomorrow’s leaders would be like if they all got an education in North Korea. That’s the crisis we face today. The leaders of tomorrow are coming of age in the totalitarian campus states of today. When one of those polls emerge showing that 7 out of 10 college students want to ban offensive speech, it’s not a generational phenomenon so much as it is environmental indoctrination.

The left’s experiment in college totalitarianism has normalized an environment in which free speech and individual rights don’t exist, in which truth and facts were invented by imperialists, and in which a single cultural misstep can have shattering consequences for anyone who isn’t part of the right identity clique.

Today’s campus is unsafe for America. Taxpayers have invested enormous amounts of money into funding an educational system that rejects everything that makes our society work. If that does not change, then our society will be destroyed by the consequences.

The battle over freedom on campus is the battle for freedom in America. [emphasis mine]

If we do not cease funding this vicious oppressive culture, it will come back soon and bite us, and bite us hard.

Update: Said by a California professor: “College campuses are not free speech areas.” He said this as he and his students, under his instruction, were attempting to wipe out chalked opinions (placed on the sidewalk with the school’s approval) he did not like

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