Category Archives: Space

Space Property Rights

My latest piece at The New Atlantis is up.

It’s very similar to my paper for CEI, but I have a new twist at the end:

…it is worth noting that, while the OST arguably does not prevent the recognition of property claims per se, it may prove to be a hindrance to any kind at all of large-scale space activity, not just settlement. In that regard, this is the most troublesome sentence in the entire 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.”

Consider the implications of the words “continuing supervision,” if taken literally. It could be argued that satisfaction of this requirement would demand that any person operating off the planet would be required to have a government minder with him at all times. Prior approval — for example, a launch license — might not be sufficient, because supervision could be argued to imply not just observation, but physical control. This wording in the treaty could imply that even the remote monitoring of private activity in space, which itself would be a significant hindrance for space settlement, would be insufficient.

With new affordable spaceflight technologies on the horizon, extensive private activity in space will be a serious possibility in the near future. If we wish to see humanity flourish in space, we have to recognize that the Outer Space Treaty is a relic of a different era. Fresh interpretations may not suffice: we may soon have to renegotiate and amend the treaty — or even completely scrap it and start from scratch — if we want not just to protect space as a mere scientific preserve but to open it for settlement as a grand new frontier.

So we have to be prepared to fight.

The North Korean Satellite

It exists, and it seems to be tumbling out of control. I have to say I’m more surprised by the former than the latter. Of course, it’s actually easier to orbit a satellite than it is to deliver a warhead on target, as long as you’re not fussy about how precise the orbit insertion is.

And on an unrelated grammar note:

Russia added its voice to the condemnation of the launch and also called on other nations to refrain from further escalating tensions.

“The new rocket launch carried out by North Korea flaunts the opinion of the international community, including calls from the Russian side,” it said.

I don’t know if the Russians released this in English, or the translator screwed up, but the word is “flout,” not “flaunt.”

Moongrabber

No, that’s not the next Bond film, but the clueless fantasy of a physics professor in Coloradoalifornia:

Other concerns bubbling over private space travel are that it will increase the amount of space debris and the potential weaponization and militarization of space.

Williams said that “whatever nation controls the moon controls the Earth.”

“If you had a moon base with space weapons, you could control all the launches on Earth,” she said.

Really? Even the ones when the moon is on the other side of the earth? How would one go about that? What kind of “space weapons” is she talking about? How does one prevent anything from happening on earth from a location that is days away? And this is a professor of physics?

It gets worse:

The Outer Space Treaty states that each nation retains jurisdiction over its citizens should they perform activities in space. So the U.S. would not only govern Golden Spikes’ operations, it would be liable in the event of a catastrophic accident.

“Should the common U.S. man and woman, the 99 percent, pay for the costs and risks of the ‘space happy’ dreams of billionaires?” said Williams, who sits on the board of directors of the Global Network Against Weapons and Nuclear Power in Space.

A report released this year by the U.S. Government Accountability Office pegs potential federal liability for third-party claims tied to commercial space exploration at $2.7 billion.

“We need to engage in a national dialogue on the risks and costs of commercial space travel before private space corporations and their rich clients can take and make them at U.S. taxpayers’ expense,” Williams said.

What “catastrophic accident” is being fantasized here that isn’t already a risk with other commercial launches? No one would be harmed if there were an accident on the moon, other than members of the expedition. The U.S. is not liable for them — only for uninvolved third parties. The taxpayer isn’t on the hook for this at all, other than the standard launch indemnity. I’m all for a national dialogue, but I don’t expect one, and if there is one, I hope that it’s led by people more informed than Professor Williams.