Category Archives: Law

Commerce And SSA

I flew back to London yesterday from Bratislava (cheap non-stop flights from there, compared to Vienna) and I woke up to see that Vice-President Pence has announced a fairly significant policy change:

Space situational awareness data is currently provided by the Defense Department through organizations like the Joint Space Operations Center. The new policy, Pence said, would free up the military “to focus on protecting and defending our national security assets in space” by giving those responsibilities to the Commerce Department.

“This new policy directs the Department of Commerce to provide a basic level of space situational awareness for public and private use, based on the space catalog compiled by the Department of Defense,” Pence said.

The policy will also support partnerships between the government and private organizations for sharing space situational awareness data, technical guidelines and safety standards. “That will help minimize debris and avoid satellite collisions during launch and while in orbit,” he said.

This would not be the first time that Commerce has taken over a potential regulatory role once considered for the FAA. At the National Space Council’s February meeting, the council approved several recommendations, including those that would give Commerce responsibility for licensing “non-traditional” space applications, something the FAA had long been advocating to handle.

There are some interesting implications to this. A little over a third of a century ago, there was a bureaucratic battle over which federal agency would do launch licensing. In a meeting with Ronald Reagan, Transportation secretary Elizabeth Dole made a better case for her department than Malcolm Baldrige, then Secretary of Commerce, did for his, and the DoT got the job, which was later codified in the Commercial Space Launch Act, with the Office of Commercial Space Transportation reporting to the department secretary (first head of it was Courtney Stadd).

In the early 90s, under a “streamlining government initiative,” VP Al Gore demoted the office, putting it under the FAA, something that many (including me) criticized at the time, and for which we have been advocating reversal ever since (including a recommendation in my book). Now it would appear that not only the FAA, but the DoT itself, has lost a turf war (and I don’t mind).

But more interesting to me is the implication for an ultimate U.S. Space Guard. SAA was one of the primary drivers in advocating such an organization, as Jim Bennett described in The New Atlantis. The Coast Guard was at one time under the Department of Commerce, and the seed of this new organization could in fact grow into a more comprehensive one, perhaps with constabulary powers, and even over time uniforms and an academy.

On The Road Again

I’m flying to Miami this afternoon, to make more progress on the house in Florida, then I’m off to London on Friday night from there. I’ll be staying with Samizdata people there, then to Vienna on Sunday for the Legal Subcommittee meeting of COPUOS, to see what’s going on in terms of space law and particularly property rights. Not sure when I’ll be back in London after that, but I’ll be back in Florida on the 18th. I’ll be taking devices and try to check in occasionally, but blogging may be light and scattered for the next couple weeks.

California’s Illegal Voting Law

is secession.

I’d love to see Trump do this, and force the state out of the Union, as happened the last time the Democrats defied the federal government to deny citizens their rights. And it shouldn’t be allowed back in as a single state. Let most of the territory in as multiple states, but force the coast to get its act together before being allowed back into the Union.

End Of An Era

I didn’t mention this at the time he announced it was happening to his staff, but George Nield has retired from the FAA. Not clear what the future holds for the Office of Commercial Space Transportation, or who the next head of it will be, but it’s unlikely to remain within the FAA, given the mood on the Hill. It never should have been there. The entire federal regulatory apparatus needs to be restructured for the coming era in commercial spaceflight, both launch and for on-orbit activities.

Repealing The Second Amendment

Good luck with that.

Thoughts from Glenn Reynolds.

[Update a few minutes later]

Yes. There is no chance that two thirds of both houses of Congress would pass such an amendment, and even less that three quarters of the states would ratify it.

[Update a few minutes later]

Related: The ignorant Parkland kids don’t speak for their dead classmates. David Hogg is the new Cindy Sheehan, and her fate will be his when the media tires of him.

[Thursday-morning update]

You can attempt to repeal the Second Amendment, but you can’t repeal history.

As Stephen Green notes, people like Stevens are relying on the ignorance of the American people, deliberately fomented by our public-school system and universities for the past several decades.

[Bumped]

Update a few minutes later]

This seems related somehow: Trump and the great unmasking of the Left:

I think that long before he even dreamed of entering politics, Donald Trump realized that by outraging his opponents, he could provoke them into saying and doing things that would prove harmful to their goals by exposing their motives, assumptions, and real intentions.

Yes, even though they pretend they haven’t been doing it:

In the age of social media, reaching irrelevant conclusions is a competitive sport. Nevertheless, tossing red herrings about like chaff from an aircraft under fire does little to dispute the fact that conservatives have been subjected to an absurd gas-lighting campaign over the last few weeks.

It’s enough to drive you crazy. That is, it would be if you were to take any of this performance art seriously.

I haven’t taken the Left’s performance art seriously for decades.

[Friday-morning update]

Bad link fixed, sorry.

[Sunday-afternoon update]

Yes, they are coming for your guns.

[Bumped]

[Monday-morning update]

New Democrat senator: “A gun ban is not feasible right now. Or ever, in America.

[Update a few minutes later]

Gun control leaves the most vulnerable defenseless. The Australia buy-back myth is particularly pernicious.

[Update a few more minutes later]

Why the Stevens gun manifesto is so irresponsible.