With all that is going on in the world today, it’s easy to forget that an alien life force could come and wipe out all of civilization as we know it at any moment. Thankfully, NASA has an entire office dedicated to keeping up with the dangers that lurk above our atmosphere. Now, the agency is looking for someone to lead the Office of Planetary Protection.

The application to be NASA’s “planetary protection officer” opened last month. The primary job description: to prevent alien contamination during NASA space missions, and to keep alien microorganisms from reaching Earth, according to the federal government’s official employment site. The job will reportedly pay between $124,406 to $187,000 a year, plus benefits.

The United States is not the only country to have this position. Other international space programs usually have it as a shared or part-time role. However, the U.S. is one of two places where one can be a planetary protection officer full-time–the other being the European Space Agency, according to Catharine Conley, NASA’s current planetary protection officer.

While the position may sound like one where a person would be in charge of directing forces during an intergalactic invasion, it appears to be more tame than that. Conley told Scientific American in 2014 that her job mostly involves making sure that the U.S. is complying with a 50-year-old international treaty that set space-based biological contamination standards for all space missions. According to the treaty, any space mission must have a less than 1-in-10,000 chance of contaminating an alien world–a risk assessed by the planetary officer.

In missions to Mars, for example, Conley would be in charge of equipment, protocols, and procedures to reduce the risk of contamination in samples taken from the red planet. She is also in charge of making sure that missions from Earth don’t contaminate other planets. As a result, Conley travels to various space stations around the world to make sure other countries’ planet-bound devices don’t contaminate new worlds through a crash-landing or other methods.

Even though Conley has described the job as having a “a moderate level” of difficulty, the qualifications for it are anything but that. Applicants must have at least one year of experience as a top-level civilian government employee, plus have “advanced knowledge” of planetary protection and all it entails. You will also need an advanced degree in physical science, engineering, or mathematics, as well as “experience planning, executing, or overseeing elements of space programs of national significance.”

Applicants still have time to get their resumes in order–NASA will be accepting applications for the position until August 14. You can apply for the job here.

Gabe Fernandez

Gabe is an editorial intern at Law Street. He is a Peruvian-American Senior at the University of Maryland pursuing a double degree in Multiplatform Journalism and Marketing. In his free time, he can be found photographing concerts, running around the city, and supporting Manchester United. Contact Gabe at Staff@LawStreetMedia.com.

The post NASA’s New Job Offer: Planetary Protection Officer appeared first on Law Street.

Space: the final frontier. Outer space has been in the news a lot recently. The recent discovery of seven Earth-sized planets orbiting TRAPPIST-1 in February excited many people at the possibility to explore further into space. What’s more, different companies have been conducting successful experiments to launch commercial flights to space. Richard Branson’s Virgin Galactic and Elon Musk’s SpaceX have both been conducting successful tests of their burgeoning passenger spaceships.

SpaceX launches previously used cargo capsule, a big stride toward eventually reusing spacecraft carrying astronauts https://t.co/QSMb8K0nHj

— Wall Street Journal (@WSJ) June 3, 2017

The allure of space goes beyond the human need to explore new places and see new sights. The financial gain could be huge as well. There are asteroids full of valuable elements, such as platinum. According to a 98-page client memo, Goldman Sachs said that a craft could be built for $2.6 billion and could extract anywhere from $25 to $50 billion worth of platinum from an asteroid.

Of course this raises many issues, one of which is the risk of inundating the market with platinum and tanking its value.

via GIPHY

Another potential issue is the Outer Space Treaty, drafted in 1967 by the U.S. and the USSR. The countries’ main fear was nuclear weapons being put in space, but the treaty laid the groundwork for space exploration. Essentially what the treaty established was that the act of space exploration should be used to benefit humankind. In fact, one line of the treaty explicitly says:

…Believing that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development…

When the treaty was signed, national governments, and not private companies, had the capital available to venture into space exploration. In 2017, the economic landscape is a bit different. If Goldman Sachs wants to send its own personal spaceship to an asteroid to mine it for platinum, will the profits be used “for the benefit of all peoples” as the treaty would require?

Article VI of the treaty, the only article that addresses “non-governmental entities,” says that the nation the private entity is located in would have to police its actions. It states:

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…

The U.S. would have to ensure that Goldman Sachs use the profits of its mining to benefit all peoples.

Space, as of right now, is technically res communis, or common territory, like a park or the high sea. Unfortunately, what you can and cannot do there is not as clearly defined as it is in these territories. The treaty prohibits “national appropriation by claim of sovereignty,” so does that mean that no one can build a hotel on Mars? And what about that gold mine (well, platinum mine) in the asteroid? Does Goldman Sachs even have the right to mine it, even if it can get there?

For now, space is a legal gray area. We have a long way to go before we become like The Jetsons or Zenon. But it’s still fun to think that one day we could get there.

via GIPHY

Anne Grae Martin

Anne Grae Martin is a member of the class of 2017 University of Delaware. She is majoring in English Professional Writing and minoring in French and Spanish. When she’s not writing for Law Street, Anne Grae loves doing yoga, cooking, and correcting her friends’ grammar mistakes. Contact Anne Grae at staff@LawStreetMedia.com.

The post Space Exploration: Can Private Companies Operate in Space? appeared first on Law Street.

President Obama likes space. In fact, he likes it so much that he wants people to go there–and not just to visit. In an op-ed published by CNN on Tuesday, he wrote that his goal is to have people get to Mars by 2030.

“We have set a clear goal vital to the next chapter of America’s story in space: sending humans to Mars by the 2030s and returning them safely to Earth, with the ultimate ambition to one day remain there for an extended time,” he wrote.

Obama says will reach red planet by 2030. #Mars pic.twitter.com/7otf3aMhgW

— michael allison (@mike9wood) October 11, 2016

And it’s not only empty talk. He is already working with commercial companies on how to execute the mission. Obama said:

The next step is to reach beyond the bounds of Earth’s orbit. I’m excited to announce that we are working with our commercial partners to build new habitats that can sustain and transport astronauts on long-duration missions in deep space. These missions will teach us how humans can live far from Earth–something we’ll need for the long journey to Mars.

In fact, Obama has talked about space in several speeches over the years–in his very first address to the people after becoming President he promised to focus on science and space research. In the op-ed he pointed out how last year alone NASA discovered water on Mars, ice on one of Jupiter’s moons, and mapped Pluto.

And Obama doesn’t appear to have lost hope, even though a 2014 report from the Committee on Human Spaceflight concluded that there is not enough federal funding for space programs for humans. According to the committee’s numbers, the interest for commercial investment in that kind of stuff has surprisingly decreased since the 1960s when we first walked on the moon.

It sounds like the move to Mars could be an option either for sending unwanted criminals far, far away, or to go there to get away from the disastrous Earth. Either way, Twitter users knew which option they wanted.

There are some people I’d really like to send to mars whether we figure out the whole human habitat thing or not lmk

— peteachu (@petewentz) October 4, 2016

Barack Obama: Wants to send first humans to Mars https://t.co/u0XIAUeyvM Could he send the entire Trump clan first? Asking for a friend.

— Jennifer Rubin (@JRubinBlogger) October 11, 2016

The president concluded with the words:

Someday, I hope to hoist my own grandchildren onto my shoulders. We’ll still look to the stars in wonder, as humans have since the beginning of time. But instead of eagerly awaiting the return of our intrepid explorers, we’ll know that because of the choices we make now, they’ve gone to space not just to visit, but to stay–and in doing so, to make our lives better here on Earth.

In the age of global warming, terrorism, and various catastrophes, it’s nice to think we have that option.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post President Obama Wants People To Move To Mars by 2030 appeared first on Law Street.

China just launched the world’s largest single-dish radio telescope, which will search for gravitational waves, radio emissions from stars, and extraterrestrial life. The telescope, located in Guizhou province, started operations on Sunday. It took five years to construct and is a demonstration of China’s intention to show off its scientific power and gain international prestige.

The telescope cost $180 million to complete and has a diameter of 1,640 feet, or 500 meters. It surpasses the second biggest telescope in the world, Arecibo Observatory in Puerto Rico, which is 1,000 feet in diameter. It’s also twice as sensitive and five to ten times faster. It’s called The Five-hundred-meter Aperture Spherical Telescope,or FAST, and might even find some intelligent alien life.

“The ultimate goal of FAST is to discover the laws of the development of the universe,” said researcher Qian Lei of the National Astronomical Observatories of the Chinese Academy of Sciences to state broadcaster CCTV. “In theory, if there is civilization in outer space, the radio signal it sends will be similar to the signal we can receive when a pulsar (spinning neutron star) is approaching us.”

Worlds largest radio telescope starts operating in China https://t.co/5j7Iv9tgsU pic.twitter.com/xZgiT7KKPl

— Zesty China News (@zesty_china) September 26, 2016

But the search for aliens has required the relocation of more than 9,000 villagers in the area, in one of the poorest provinces in China. The area is ideal for a telescope, being surrounded by huge hills that protect it from noise and wind. The telescope needs a three-mile radius of complete radio silence to work properly. The state has said that the displaced people will be compensated with money or new houses, but the decision was not welcomed by some villagers, many of whom have lived in the area for several generations.

“I’ve lived here all my life. My ancestors arrived here in the Qing dynasty over 200 years ago,” said local carpenter Huang Zhangrong to the New York Times. He said he didn’t want to leave and that he heard others saying the housing they were relocated to was poorly built. “We don’t want to leave, but the government says it’s for the good of the country.”

Jokes about China and aliens popped up fast on Twitter.

guess China doesn’t know aliens from outer space always speak English and land in US corn fields #wastedinvestment https://t.co/Ct4J0ZLNN9

— Charles V Payne (@cvpayne) September 26, 2016

It is clear that China has its focus set on international fame and Nobel Prizes. Even though scientific investments rarely pay off fast, any accomplishments can bring international prestige.

“Astronomy is an ultimate expression of ‘pure’ science that has little immediate practical benefits. It is a luxury that only the most advanced economies enjoy,” said Luis C. Ho, the director of Kavli Institute for Astronomy and Astrophysics at Peking University to the Times.

While historically competing with the West, China has in recent years become an economic super power. Now they are aiming to be a scientific and astronomical power as well. And considering their history of prominent astrology and astronomy, that might very well happen. As part of this attempt, China’s space program wants to send an astronaut to the moon by 2025 and to land an unmanned vehicle on Mars by 2020. They want to build the biggest particle accelerator in the world, and opened their second space station in September.

The Chinese state broadcaster recently reported that the telescope had picked up radio signals during a test from a pulsar that was 1,351 light years away from earth. But so far, no intelligent life form has made contact.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post China Begins Search for Aliens and Fame With World’s Largest Radio Telescope appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Burning Man Bourgeoisie Raided By Revolutionaries

Burning Man, an annual music festival focused on peace and love has been certifiably ruined after some Burners claim “hooligans” sabotaged their experience by cutting power lines and raiding their camp of luxury goods.

Traditionally, Burning Man, founded in 1986, was intended to be in the spirit of “radical self-reliance,” living off the land, and finding harmony with strangers. However, the event has become overrun with the spawn of the megarich who have come to enjoy Burning Man as some sort of elitist, exclusive desert resort. They glamp their way in and out of the place.

Revolution against ‘rich parasites’ at utopian Burning Man Festival as ‘hooligans’ attack luxury camp https://t.co/wAiuRCKt6n

— The Telegraph (@Telegraph) September 4, 2016

A lot of traditionalists believe those campers who were attacked deserved it because they are erasing the core of what Burning Man was supposed to be.

Rant Crush

RantCrush collects the top trending topics in the law and policy world each day just for you.

The post RantCrush Top 5: September 6, 2016 appeared first on Law Street.

For millennia, flags, banners, and standards have been points under which causes have coalesced and people have united. Now the entirety of Planet Earth and all of its inhabitants may have a single flag to call our own.

Oskar Pernefeldt, a student at Beckmans College of Design in Stockholm, Sweden, has created a banner to represent the entire human civilization and the rock we inhabit. It features simply seven interlocking rings on a blue background. Pernefeldt envisions this flag on the flight suits of astronauts, being waved at sporting events, or being hung outside one’s home.

Pernefeldt’s flag design. Courtesy of Oskar Pernefeldt/flagofplanetearth.com via Wikipedia.

On the official website, Pernefeldt points out that space missions thus far have represented the particular nations that have launched them; but such actions are representative of Planet Earth itself. One might further this argument by pointing out the collaborative nature of such things as the International Space Station, or the rise of private space agencies that do not necessarily have a nationalistic agenda. In addition, Pernefeldt feels that this flag would be the most suitable one to headline the possible Mars colony in the near future.

While the grand symbolism of the flag suggests an end to the squabbles and struggles that have plagued human civilization for so long, to be replaced with a harmonious and symbiotic cooperative way of life for all civilization, the more immediate practicality of the flag with regard to space missions is evident. Supposing, in our ever increasing and geographically expansive travels into the depths, we encounter other life that asks from whence we came, Pernefeldt poses hypothetically. We would simply point to the Earth, as opposed to attempt a complicated explanation of national divisions and identities. A resident of another planet may not immediately care with what subdivision an Earthling identifies himself, but simply what planet.

There are strong environmental themes and metaphors in the flag. The seven rings represent the seven continents and, as the designer explains, they form a flower at the center, which is a symbol for life on Earth. Further, the rings are connected to each other, demonstrating the interrelatedness of everything on the planet. Finally, the blue stands for the oceans. Yet the structure is such that the seven rings together can be looked at as the planet itself, and the background the Universe.

Many national flags represent that nation’s history and heritage. The stars and stripes of the American flag are an obvious example, remembering the original colonies and the present states. Considering the diversity of the inhabitants of Planet Earth, pinpointing an international identity is quite a challenge. One thing that we all share is the environment. The fragile Earth and its ecosystems are a concern with which everybody is–or ought to be–involved. It is something that affects us all, and is a universal source of beauty, tranquility, and happiness. We all owe our existence and health to the bounties and life-giving forces of the environment.

The efforts to pursue more sustainable lifestyles transcend national borders, languages, and cultural barriers. It is something to which all people can aspire regardless of their religious or geographic orientation; embodying these themes in a planetary flag is an ingenious move. There are no moves to officially adopt this flag for its purpose, and there is likely much time before it ever could be planted on foreign cosmic soil in the name of a united human race. Yet it already sends a powerful message of cooperation in the name of environmental conservation. To these ends, it may already be a rallying point.

Franklin R. Halprin

Franklin R. Halprin holds an MA in History & Environmental Politics from Rutgers University where he studied human-environmental relationships and settlement patterns in the nineteenth century Southwest. His research focuses on the influences of social and cultural factors on the development of environmental policy. Contact Frank at staff@LawStreetMedia.com.

The post Can a Flag of Planet Earth Unite the World Beyond National Boundaries? appeared first on Law Street.

When we envision space, we tend to imagine an intense beauty unknown to this world. We certainly don’t imagine a junk yard. But what is space actually like? Well, unfortunately it seems to be moving a bit more in the junk yard direction. Last year, Alfonso Cuarόn’s Oscar-winning film “Gravity” brought attention to the issue. Although the movie was dramatized and at times inaccurate according to NASA standards, the problem of orbital debris–space trash–is very real.

There are millions of objects of varying sizes orbiting the Earth at any given moment, and even though these objects are visually hidden to us and thousands of miles away, orbital debris affects everyone. Satellites control aspects of our everyday life like On-Demand features, cellphones, Google Earth, weather reports, and navigation systems. More importantly, satellites facilitate military communication and intelligence. In response to the problem, a second generation Space Fence run by the U.S. Air Force (USAF) should be up and running by 2019. Read on to learn everything you need to know about orbital debris and the Space Fence.

What is Orbital Debris?

Orbital Debris, or space trash, consists of man-made objects currently orbiting the Earth that do not serve a useful purpose. Debris is created every time a spacecraft separates from its launch vehicle. It is also created from dead satellites, explosions, collisions, chipped paint from spacecrafts, and small particle impacts. Since humans started placing objects in orbit over the last 50 years, the amount of debris has only increased.

Orbital debris is placed into three categories based on size. Larger objects, above ten cm, account for some 21,000 pieces of orbital debris. Medium particles, between one and ten cm, account for approximately 500,000 objects. Smaller pieces, less than one cm, account for over 100 million objects. These pieces move extremely fast, reaching speeds of up to five miles per second or 18,000 miles per hour. A collision at this rate is devastating. NASA equates being hit by an orbital object less than half an inch around and moving at six miles per second to being hit by a bowling ball moving at 300 miles per hour.

Space Safety

All of this debris is ultimately dangerous for astronauts and the International Space Station. Spacesuits are designed to protect against micrometeoroids, which are pieces of orbital debris the size of grains of sand. They use materials like those used for bulletproof vests. The International Space Station is the “most heavily shielded spacecraft ever,” able to withstand impacts from smaller debris. The station can also alter course to avoid larger objects coming toward it. Space shuttles generally return to Earth with cracks and evidence of impacts on their windows. For this reason, windows are protected three fold and replaced every mission.

Orbital Duration

Most other orbital debris disintegrates reentering Earth. In the rare occurrences that objects do make it back, they generally fall into bodies of water or unpopulated land areas like the Canadian tundra or Australian Outback. Over the past 50 years, approximately one catalogued piece of orbital debris has landed on Earth each day and there have been no reported human injuries. The higher the altitude, the longer an object will stay in orbit. Debris in a lower orbit will remain for only several years. On the opposite side of the spectrum, debris above 1,000 km from Earth can remain in orbit for over a century.

What is the Space Fence?

The Space Fence aims to tackle the problem of orbital debris. The project is led by the U.S. Air Force Materiel Command’s Electronic Systems Center at Hanscom Air Force Base in Massachusetts. It is a system designed to track debris in the Space Surveillance Network in order to initiate a warning system. The idea is very similar to that of hurricane or tornado tracking systems. The term “fence” comes from the “narrow, continent-wide planar energy field in space” created from the transmitters and receivers used in the project. High frequency radar acts like a “flashlight beam in a dark room that illuminates the bits of dust swirling around.”

The first Space Fence was decommissioned in 2013. It initially tracked 5,396 objects in 1980 and was tracking 15,639 objects by 2010. There were a total of nine transmitters and receivers located at three transmitter sites: Jordan Lake, Alabama; Lake Kickapoo, Texas; and Gila River, Arizona. The six receivers were located at Tattnall, Georgia; Hawkinsville, Georgia; Silver Lake, Mississippi; Red River, Arkansas; Elephant Butte, New Mexico; and San Diego, California.

The new Space Fence’s higher frequency system, operating in the S-band frequency range, will allow the detection of much smaller satellites and orbital debris. Its “modern, net-centric architecture” will also allow more effective tracking in Earth’s lower and medium orbit. Over its lifetime, the new Space Fence is expected to be valued at $6.1 billion. The system will include “geographically dispersed ground-based radars to provide timely assessment of space objects, events, and debris.” There will be one large S-band radar placed in Kwajalein Atoll in the Marshall Islands, with an option for a second based on funding. The projects also rely on international cooperation as part of global Space Situational Awareness efforts.

Who is building the Space Fence?

Lockheed Martin Mission Systems and Training, located in Moorestown, New Jersey, won the initial $914.7 million contract to build the second generation Space Fence in June 2014. Lockheed Martin is a global security and aerospace company dedicated to researching and developing advanced technology systems, products, and services.

 Why are we building a new Space Fence now?

There are a few things we need to keep an eye on. The first major source of large orbital debris came from China’s intentional and sloppy destruction of its Fengyun-IC weather satellite in January 2007. The satellite was destroyed by an anti-satellite device that caused hundreds of pieces of varying sizes of orbital debris.

The second major event was the 2009 collision of the active American satellite Iridium and the defunct Russian satellite Cosmos. The American satellite weighed about 1,200 tons, making it the first large collision in space. The impact resulted in over 2,000 pieces of metal orbital debris. The video below shows a model of the collision and the debris it created.

Aside from these major events, researchers also fear the Kessler Syndrome. It is a theory, developed in 1978 by Donald Kessler, that describes a “self-sustaining cascading collision of orbital debris.” Essentially, the Kessler Syndrome is a domino effect. Two objects collide to cause pieces of debris that ultimately collide with one another to form more debris, and so on. The theory isn’t so far-fetched. In 2012, the United States issued over 10,000 close-call warnings that resulted in 75 avoidance maneuvers by satellite owners.

U.S. Policy on Orbital Debris

The U.S. first took an official stance to minimize orbital debris in 1988. A more recent June 2010 National Space Policy specifically addresses the issue of a clean space environment and orbital debris. NASA created an Orbital Debris Program Office at the Johnson Space Center in Texas. Its mission is to find ways for ventures to create less orbital debris and clean existing debris. Other U.S. agencies, like the Federal Aviation Administration and the National Oceanic and Atmospheric Administration, also need to follow specific guidelines for their spacecrafts. U.S. Orbital Mitigation Standard Practices were approved in 2001.

Guidelines are also followed by Russia, China, Japan, France, and the European Space Agency. Although there isn’t an international treaty surrounding orbital debris, the Inter-Agency Space Debris Coordination Committee was created among the leading international space agencies. Orbital debris is also a priority for the Scientific and Technical Subcommittee of the United Nations on the Peaceful Uses of Outer Space.

Legal Issues

There are some legal issues inherent to cleaning up all the space debris. Each piece of large debris, like a defunct satellite, is technically owned by a country. For example, the U.S. doesn’t have authority to destroy a Chinese or Russian satellite. As Professor Johnson-Freese from the Naval War College said, “there are no salvage laws in space.” Under the current laws, one has to seek out permission from a satellite owner to go anywhere near it. This can make cleaning up space pretty tricky.

Conclusion

Orbital debris affects us down on Earth. We depend on a clear and safe space for many of the luxuries we take for granted. The Space Fence is one tool in the mission to create a clean space environment, but it is not enough. The Space Fence is only a tracking system; a plan needs to be enacted to deal with the orbital debris already in space. Moreover, guidelines for minimizing debris creation don’t remedy the harm that’s already been done. Some have proposed an international user fee for every launch to go into a global fund for space clean up. That idea has its own problems to sort through, like fair division, but it’s a start. We need to start taking the issue of the space environment seriously before the next major collision.

Resources

Primary

NASA Orbital Debris Program Office : Orbital Debris

NASA: What is Orbital Debris?

Additional

Defense Industry Daily: Don’t Touch Their Junk

Washington Post: Air Force to Award ‘Space Fence’ Contract to Track Orbital Debris

The New York Times: Debris Spews Into Space After Satellites Collide 

Space Answers: How Have Space Technologies Affected Life Back on Earth?

Space News: China’s Anti-Satellite Test

Space Safety Magazine: Kessler Syndrome

Washington Post: Space Trash is a Big Problem

Jessica McLaughlin

Jessica McLaughlin is a graduate of the University of Maryland with a degree in English Literature and Spanish. She works in the publishing industry and recently moved back to the DC area after living in NYC. Contact Jessica at staff@LawStreetMedia.com.

The post Can a Space Fence Really Fix the Problem of Space Trash? appeared first on Law Street.

On July 20, 1969, man set foot on the moon for the first time in what Neil Armstrong famously called “one small step for a man, one giant leap for mankind.” After these first dusty steps, people pondered what giant leaps might be next, dreaming about lunar colonies, outer space tourism, and most recently, space mining.

Read More: Thanks to New Discovery Your Seat on Mars One is Looking Good

Recent unmanned moon expeditions detected a bounty of 1.6 billion tons of water ice and other rare earth elements (REE) lingering beneath the moon’s surface. Combine this enticing bounty with speedily developing technologies that make space travel more accessible and you’ve got a budding space mining industry. Space exploration technology has become infinitely cheaper, better, and smaller than it was back in 1969, pushing what was once only possible for national governments into the hands of private companies gearing up to tap into outer space resources

But one little hitch might hold them back. The only acknowledged international regulation on space travel, the Outer Space Treaty of 1967, left space property rights ambiguous. Companies and nations seem free to embark on all manner of expeditions, but the treaty doesn’t mention if they legally own any resources they pick up on the way. With hefty investments behind their ventures, space-faring companies demand assurance that they’ll be able to profit from the resources they might collect.

Will an old agreement keep businesses from capturing the teeming resources space has to offer?

Businesses With Extra-Terrestrial Aspirations

Lunar mining? Piece of cake. Tapping into outer space resources has officially graduated from being a remote possibility to a reality. Already many commercial companies are wooing investors and toiling over in-depth plans, all gearing up to get a piece of the space pie.

• The Shackleton Energy Company (SEC) plans to build the first space fueling station. Remember that 1.6 billion tons of water ice just waiting on the moon? When converted to liquid form, the hydrogen and oxygen in this ice creates a powerful chemical propellent–the most powerful we know of. Liquid hydrogen and liquid oxygen already power most space shuttle engines. SEC plans to mine the moon’s ice and set up a fuel station in Earth’s orbit. Fueling from this location instead of Earth could decrease costs by a factor of up to 20 to one.

• Moon Express developed a revolutionary vehicle, the MX-1 lunar lander, powered by sunlight and fueled by hydrogen peroxide. It will send the craft on speculating missions to investigate resources that might be mined. This company plans to perfect the safety and efficiency of lunar landings, making the moon as accessible as an eighth continent.
• Planetary Resources fixed its eye on asteroids, the most abundant sources of water that can be converted into hydrogen and oxygen rocket fuel. The company uses an algorithm to find asteroids and determine which ones might be resource rich.
• The Google Lunar X Competition offers incentives for discoveries that make getting to the moon easier and cheaper. Teams hoping to snag the $30 million grand prize have to land a robot on the moon, move it around, and send back HD Mooncasts for earth-dwellers. The competition is well under way and will wrap up in December 2016. Teams have already innovated promising robots, including this animated prototype rover named Uni from Team AngelicvM featured in the short video below.

Despite dazzling technology and high hopes, unclear space property laws pose major risks for commercial companies. Space travel costs have decreased relative to 1960s costs, but it’s still not cheap. Certainly not cheap enough that companies will launch rockets without solid assurance that they’ll own whatever resources they find on their missions. As you can see, these companies listed above, as well as many others, are ready to go. Let’s see what’s holding them back.

The Outer Space Treaty of 1967

The Outer Space Treaty of 1967 stands as the only cooperative international agreement governing space travel. The treaty clearly forbids countries from declaring sovereignty over celestial bodies in Article II:

Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.

Mining isn’t specifically mentioned, but then again mining the moon was an outlandish possibility in 1967. The provision stood to bar nations from lassoing the moon, so to speak. Now as we look to extract resources from these common areas, many desire explicit, legal guarantees that they may do so–both for financial reassurance and to avoid conflict with other nations and companies wrestling over the same resources. Established property rights would provide the certainty necessary to encourage cultivating outer space for abundant natural resources.

Read More: FAA Allowing Companies to Call Dibs on the Moon

One company, Bigelow Aerospace, pushes adamantly for clarification on real property rights in space. In an internal report issued to NASA, Robert Bigelow, founder and president of the company, summarizes its desires well:

Without property rights, any plan to engage the private sector in long-term beyond LEO activities will ultimately fail. Companies and their financial backers must know that they will be able to enjoy the fruits of their labor relative to activities conducted on the Moon or other celestial bodies, and own the property that they have surveyed, developed, and are realistically able to utilize.

Who bears the burden of deciding the fate of Bigelow Aerospace and other hopeful companies? Article 6 of the Outer Space Treaty of 1967 specifies that governments bear responsibility for the activities of their nation and subjects in outer space, including the decision to authorize activities. Many U.S. government entities have a say in space happenings, but it’s the Federal Aviation Administration’s Office of Commercial Space Transportation (FAA-AST) and its advisory committee, the U.S. Commercial Space Transportation Advisory Committee (COMSTAC), that bears the burden of responding to recent requests to clarify commercial space laws.

During the most recent FAA-AST meeting in September 2014, Ken Hodgkins, Director of the Office of Space and Advanced Technology, acknowledged the number of private companies planning commercial ventures and how their activities question the legal frameworks around space exploration. He stressed balancing investment incentives with U.S. foreign policy obligations. Hodgkins stated concerns about proposed commercial activity falling in line with the Outer Space Treaty and encouraged further dialogue between private companies and U.S. agencies. He does not believe attempts at changing the treaty would result in faster resolution of the questions and assured meeting attendees that they are working with foreign nations to discuss the provisions in question.

Past Space Property Challenges

Very few cases have tested the limits of the Outer Space Treaty, so its enforceable interpretations remain unclear. However, a few incidents might influence the direction of space property rights decisions.

In one space property court case, Nemitz v. United States, a San Francisco district court ruled against a man’s claim of ownership on the asteroid 433, also known as Eros. Nemitz had filed a claim of ownership on the asteroid through a now-unpublished online database known as the Archimedes Institute. When NASA landed on his asteroid in 2001, Nemitz attempted to charge them parking fees. When they rejected him, he took his claim to court, where judges also dismissed his claim, stating that his assertion of ownership had no ground in law.

In a more powerful non-court precedent, moon materials from the Apollo landings in the 1960s have already been traded and sold. NASA traded lunar samples with the Soviet Union in exchange for their samples from robotic moon missions. Private individuals in Russia have even sold samples. These transactions imply outerspace materials can be owned, traded, and sold, giving hope to mining hopefuls.

New Space Legislation

Representative Bill Posey (R-FL) introduced H.R.1508 on March 15, 2015,

To promote the development of a United States commercial space resource exploration and utilization industry and to increase the exploration and utilization of resources in outer space

A more in-depth summary is not yet available, but you can be certain the measure will tackle legal barriers barring exploration of space resources. The bill now stands with the House Committee on Science, Space, and Technology.

Last month  the House passed the National Aeronautics and Space Administration Authorization Act of 2015, a near repeat of the National Aeronautics and Space Administration Authorization Act of 2014, which died in the Senate. The act authorizes NASA activities like space exploration, research, and education. While the bill doesn’t expressly cover commercial enterprise and space property rights, the sentiment of encouraging space-related innovation will serve commercial interests well.

Where no man has gone before…

As we speak, dreams of space colonies, moon mining, and even landing on Mars come closer to reality. This pulls legal questions and concerns to the surface, but only because we plan to go where no man has gone before. Establishing procedures will take time, cooperation, and patience, but it will be worth it to tackle our final frontier.

Resources

Primary

Federal Aviation Administration: Commercial Space Transportation Advisory Committee

U.S. Congress: Summary: H.R.810 — 114th Congress (2015-2016)

U.S. Congress: Summary: H.R. 1508 — 114th Congress (2015-2016)

United Nations Office for Outer Space Affairs: United Nations Treaties and Principles On Outer Space

Additional

Institute of Physics: Mining the Moon Becomes a Serious Prospect

Space.com: Mining the Moon? Space Property Rights Still Unclear

Washington Post: Looking for an Exotic Vacation? Here’s Why Moon Travel May Be Only 20 Years Away

Space.com: Moon Mining Idea Digs Up Lunar Legal Issues

Space Future: Real Property Rights in Outer Space

Wired: Space Law: Is Asteroid Mining Legal?

NASA Space Flight: Moon Property Rights Would Help Create Lunar Industry

Space Policy Online: Legislative Checklist 114h Congress: Major Space Related Legislation

Moon Express: Missions

Planetary Resources: NASA and Planetary Resources, Inc. Announce Results of the Asteroid Data Hunter Challenge

Space Foundation: U.S. Government Space Programs

SF Gate: Final Frontier For Lawyers — Property Rights in Space/Land Claims, Commercial Schemes and Dreams Have Legal Eagles Hovering

Space Policy online: House Passes 2015 NASA Authorization Bill

Ashley Bell

Ashley Bell communicates about health and wellness every day as a non-profit Program Manager. She has a Bachelor’s degree in Business and Economics from the College of William and Mary, and loves to investigate what changes in healthy policy and research might mean for the future. Contact Ashley at staff@LawStreetMedia.com.

The post Who Owns the Moon? Space Property Rights Are Nearing appeared first on Law Street.

In 2012, then-Presidential hopeful Newt Gingrich talked about a colony on the moon. On the campaign trail in Florida, he stated, “By the end of my second term, we will have the first permanent base on the moon and it will be American.” Many of us, myself included, mocked him relentlessly for this proposal. Well today, I think I may need to offer Mr. Gingrich somewhat of an apology, because apparently, he wasn’t actually that far off. The United States government has taken a very early and tentative step toward creating commercial development of the moon.

Recently, Reuters released information it received from a letter from the Federal Aviation Agency (FAA) to Bigelow Aerospace, a company that has worked with the International Space Station and has intentions of creating living stations on the moon. According to the letter, the FAA stated that they could:

Leverage the FAA’s existing launch licensing authority to encourage private sector investments in space systems by ensuring that commercial activities can be conducted on a non-interference basis.

I know that sounds kind of like mumbo-jumbo, but essentially what it means is that a company like Bigelow could set up its proposed moon habitats, and it would be the only company with a license in that particular space (yes, pun very intended.) As Bigelow itself explained:

It just means that somebody else isn’t licensed to land on top of you or land on top of where exploration and prospecting activities are going on, which may be quite a distance from the lunar station.

This move has, of course, launched concerns about the global ramifications of the FAA’s actions, given that the United States doesn’t have a unilateral claim to the moon. There was a 1967 United Nations Treaty that governs international affairs in relation to the moon that the FAA, and the rest of the U.S. government, will have to take into consideration.

So, besides it being obviously super cool, why would Bigelow Aerospace (and presumably, other companies) want to send people to the moon? How do you make money off that? Well, Bigelow is going to start by working on a space habitat at the ISS, and then continue its work on “orbital outposts.”

Orbital outposts are basically like giant spaceships on which humans would be able to comfortably live. (For late 90s Disney fans, think “Zenon: Girl of the 21st Century.”) Bigelow has already started working on these–it launched its first space module in 2006 called Genesis I. Bigelow wants to extend access to these space modules and orbital outposts to paying customers, including governments, researchers, and tourists. Finally, Bigelow would move toward establishing a series of bases on the moon, ideally by 2025.

It’s a pretty cool idea–but I don’t think it’s anything to get too excited about just yet. While the FAA’s move is certainly a surprising step forward, I don’t think we’re going to be taking a quick Spring Break jaunt to the Moon anytime soon. That being said, the FAA’s move to carve out space for companies on the Moon is almost amusingly classically American, and shows that the U.S. government does see potential for lucrative ventures beyond our terrestrial boundaries. Newt Gingrich, for one, is probably pretty excited.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post FAA Allowing Companies to Call Dibs on the Moon appeared first on Law Street.

As the saying goes, what was once old will eventually become new again. It is not surprising then that three years after the United States–the world leader in space exploration–ended its shuttle program and in essence shuttered its space program altogether, the nation is poised to begin anew with the unveiling of its new rocket system. This time around the United States will be joined in space by an ever larger group of nations and space agencies hailing from Russia, India, China, Japan, and various European nations, just to name a few. Space exploration is also undertaken by private groups that hope to emulate national space agencies or carve out their own niches in space tourism. In short then, space exploration appears to be experiencing a renaissance. Nevertheless, in order to boldly go where no man has gone before first it is necessary to understand where we began, where we are, and what’s next on the launch pad.

Space Exploration History in Brief

The space race initially kicked off in 1957 when the Soviet Union became the first nation in the world to successfully launch a satellite, Sputnik, into orbit. The United States followed suit less than two months later with its own satellite, Explorer 1. In 1961 the race went to the next level when cosmonaut Yuri Gurgen became the first person in space. Once again the Americans were in close pursuit sending their first astronaut, Alan Shepard, into space less than one month later. The competition between the two nations continued to intensify culminating in the first lunar landing by the United States in 1969. Watch the video below for more information about the space race.

While the Soviets and eventually the Russians continued to use various models of the Soyuz rockets, beginning in 1981 the United States launched the first shuttle mission, the world’s first reusable spacecraft. Over the course of the next thirty years the United States conducted 135 missions with the space shuttle including everything from transporting parts of the international space station and satellites to conducting experiments. The space shuttle program itself came to an end in 2011. Since the original race between the two countries, space has opened up to a larger number of entries.

In fact most countries have a space program of some sort; however, very few still have anything close to the capabilities of the American or Russian programs. Even today more than fifty years after the first manned space flight only three countries have proven that they possess the ability to put a human into space: the United States, Russia, and China. Furthermore, China only relatively recently acquired the capacity to send humans to space, which it did with its first manned space mission in 2003. In fact even sending an object into space remains an elusive goal, and the list grows only slightly longer–nine–when it includes the number of countries capable of launching objects into orbit. However, there is more to space exploration than manned flight and as recent events suggest space exploration is intensifying.

Where We Stand Now

Government Efforts

When the United States space shuttle program ended in 2011 it seemed to signal the end of an era as more than 40 years after landing a man on the moon the driving force for space exploration was given up in order to focus on more terrestrial concerns, like budgets. Nonetheless, in the past few months the tide has seemed to signal a turn.

On November 12, 2014 scientists from the European Space Agency successfully landed the first ever object on a comet, completing a ten-year mission. Coupled with this success is the scheduled launch of the first Orion Rocket by NASA on December 4. This launch signifies more than just the United States reentering the space race, but also an ambitious plan that one day hopes to culminate in bringing people to near earth asteroids and even Mars. The video below details the Orion space program to come.

Coupled with these efforts is the continued work by other nations, such as Russia, which the United States has relied on heavily for resupplying the International Space Agency since the U.S. terminated its program. Another is China, which recently completed work on a new launch pad and during one week in October had three separate launches. India successfully landed a rover on Mars, becoming the first Asian country to do so. As these and even more examples show space exploration efforts by governments are in full swing, commercial enterprises are also taking an ever increasing interest in space as well.

Commercial Space Race

Along with government efforts, corporations and private individuals have increasingly been competing to stake their own claim to space. The two most successful so far are SpaceX and Orbital Sciences Corp. Both of these companies have already received multi-billion dollar contracts from NASA for cargo flights to the International Space Station. SpaceX is seeking to go even further by establishing a reusable rocket required to travel to and colonize Mars.

Along a slightly lower trajectory Richard Branson and Virgin Galactic are aiming for a different market. Instead of ferrying supplies and establishing colonies, Branson is attempting to turn space flight into the ultimate consumer experience. Branson, along with Microsoft co-founder Paul Allen, is attempting to develop a ship that for $250,000 per person will take people into low-earth orbit. The video below gives a peek into private space exploration.

Setbacks

While government and private efforts for space exploration ramp up and meet with new success, there is also a significant price to pay. First off this price can be physical, as recent accidents have shown. On October 29 an Orbital Sciences rocket intended to resupply the International Space Station exploded seconds after takeoff above its launch site in Virginia. Not only did this highlight NASA’s current reliance on outsourcing its space flights and on using Russian equipment, it also brought into question the use of private space companies for missions.

This question was only further exacerbated mere days later when Space Ship Two, the craft Branson hoped to use in commercial space flight, crashed in the Mojave Desert killing its pilot. As these two crashes show, setbacks in space travel are common, expensive, and even deadly.

The second major concern with space exploration is also physical; this time, however, that is with regard to a physical budget. In 2013 the United States spent about $40 billion on all space-related activities. This number seems very large compared to the second highest spending country, China, at $11 billion; however, of the 40 billion around only 18 billion was allocated to NASA. Even if the entire allotment had gone to the space agency it is still just a small portion of the overall US budget. The reduced and insufficient funding that NASA has to operate with has forced it to do much of the outsourcing it is criticized for when commercial crashes do occur. Thus while space exploration enjoys a second wind it is continuously in danger of being underfunded and will be riddled with costly setbacks that the public may not have the stomach to suffer.

Conclusion

More than 50 years ago President John F. Kennedy gave a speech at Rice University in which he extolled why the United States was going to the moon. As he said so eloquently then:

We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win, and the others, too.

These were powerful and prophetic words for a generational change that nearly tore the country apart. But what didn’t kill the United States then only made it–and the rest of the world–stronger too. Now in 2014 we find ourselves in similar conditions, overrun with uncertainty. At moments like these as the president alluded to it is easy to hide and not embrace change. As the recent uptick in space exploration has shown, there are many governments, groups, and even individuals ready to answer the challenge. Through the continued collaboration of these characters perhaps it will be possible to travel to infinity and beyond.

Resources

Primary

CRS Report for Congress: China’s Space Program: An Overview

Additional

Christian Science Monitor: Five Groups Making Private Space Flight A Reality

Windows to the Universe: A History of Manned Space Missions

Chartsbin: Countries Capable of Manned Space Flight

Space Answers: How Many Countries Have Rockets Capable of Reaching Space?

History Place: John F. Kennedy

Guardian: SpaceShip Two Crash Casts Doubt on Space Tourism Project, Says Branson

Guardian: Antares Rocket on ISS Resupply Mission Explodes Seconds After Launch

Diplomat: India’s Impressive Space Program

Space Flight Now: China Launches Third Space Mission in a Week

NBC: Testing NASA: How Space Exploration Will Work in the Orion Era

Discovery News: Philae May Have Grazed a Crater and Tumbled over Comet

English Club: First Satellite Launched Into Space

Space: Explorer 1: The First U.S. Satellite

Astronomy Today: Space Shuttle: The First Reusable Spacecraft

RT: $40 Billion: U.S. Space Budget Still Exceeds Rest of World’s Combined

Michael Sliwinski

Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

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Stepping away from the Bedouin camp, I gingerly ventured into Israel’s Negev Desert. A sufficient number of yards out, the few lights emanating from the settlement had been reduced to a glow in the distance. Having grown up outside of New York City, the bright lights often projected a yellow-orange hue onto the night sky. Every now and then under ideal conditions, the nearest and brightest stars would puncture the cloak, enabling a view of the Big Dipper, Orion, and some others. But out in the Negev, the sky was unencumbered by such drapes and positively glittered. A pale band of light unfolded across the view, dividing the sky in half. This was the Milky Way itself; I was looking from the inside out with a horizontal view of one of the spiral arms of our galaxy. I stood there frozen in time, awestruck and amazed. Ever since human beings emerged from their caves we have stared at the sky and wondered. We have pondered what it is like out there, where we came from, and how to find out. In this amazing age of technology and intellect, we are finally in a position to start answering those questions.

The latest giant leap in the exploration of the final frontier occurred on November 12 when the Philae landing probe of the Rosetta spacecraft touched down on the surface of Comet 67P, 310 million miles away. After a ten-year journey, Rosetta and its components represent the first occasion of a man-made object rendezvousing with a comet. Launched by the European Space Agency, its mission is to answer questions such as, “What were conditions like at [the solar system’s] infancy and how did it evolve? What role did comets play in this evolution? How do comets work?”

Comets tend to be very old celestial bodies. Studying their composition and internal dynamics may shed light on what the composition of the solar system was during the early periods of its formation. Furthermore, some theories suggest that life on Earth arose as a consequence of comets, rich in carbon, passing by overhead and depositing the crucial element on the planet. Delving into the comet’s nature might help to understand if and which aspects of this assertion are reliable.

Comet 67P, Courtesy of ESA/Rosetta/NAVCAM via WIkipedia.

Some people criticize space missions in their entirety, questioning their purpose. General intellectual curiosity is one of the greatest attributes of human civilization; the ability to ask questions and seek answers is what makes us successful. In addition, the quest for intelligent life beyond our own atmosphere remains a productive cause. Regardless of whether one believes that there exist such entities or not, the only way to answer the questions is to try to find them. Some people are intimidated by the vast distances between points A and B in the galaxy and the immense amounts of time it takes to get there. The ten years required to make the Rosetta mission happen is a poignant example; however, we must remember that we are still at the early stages of space exploration.

As the renowned astronomer Carl Sagan pointed out, the amount of time required to travel from the Earth to another location in the solar system is comparable to the months or more necessary for European explorers in sailing ships to travel the local seas to the far reaches of the New World. In modernity, we hop these distances in no time at all. We stand at an early and exciting stage of space exploration, due to advance our civilization and guaranteed to become more seamless with time. We are, as Sagan eloquently put it, “on the shores of the cosmic ocean.”

Furthermore, as we continue to threaten the health of our planet and our own existence therein, it might be wise to seek contingency plans. While it is a valid criticism that the search for “earth-like” planets is a narrow-minded quest for intelligent life, as there might exist other forms of life which do not require air to breathe or water to drink or are not based on carbon. We know what humans need to survive and so seeking out celestial bodies of this nature can still be to our benefit. While the idea of needing to abandon Earth because we pushed it into an inhospitable state is deplorable, it is a harsh reality for which we should not be unprepared.

On the other hand, this sounds like a get out of jail free card; we can do as we like with the Earth because we will have other places to go once we wreck it. This does not teach us to change our ways and be more responsible, as does the urgency of a one planet, one chance concept. It undercuts the entire concept of sustainability; no longer would we think of the Earth as a closed system in which it is necessary to run as close to 100 percent efficiency as possible. What’s to stop us from taking our civilization to a new planet and inflicting the same havoc there? Society is not in a position to expand its reach beyond the planet if we cannot first live healthfully, responsibly, and productively here. Who knows what kinds of consequences an industry like deep space mineral mining and importing back to Earth could have.

Yet if we are careful and insightful we can still learn and improve. Just as different types of natural and human environments are not closed systems but rather are interrelated and inextricably intertwined, the Earth in and of itself is not in fact a closed system but very much entrenched in its surrounding solar system and cosmic environment. The more we probe and explore, the better we can understand those dynamics and interactions just as we seek to understand the ones here at home. Ideally we will be a sustainable civilization by the time we officially establish our presence elsewhere, but in the meantime it is exciting and promising to look around and dream about going where no one has gone before.

The Voyager II space probe: epitome of mankind’s ambition, Courtesy of NASA/JPL via Wikipedia.

Franklin R. Halprin

Franklin R. Halprin holds an MA in History & Environmental Politics from Rutgers University where he studied human-environmental relationships and settlement patterns in the nineteenth century Southwest. His research focuses on the influences of social and cultural factors on the development of environmental policy. Contact Frank at staff@LawStreetMedia.com.

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