The Law Behind the NOAA Open Letter to Google Lunar X PRIZE Participants
July 28, 2008 at 11:22 am | In Remote Sensing Law, Remote Sensing Law Current Events | 2 Comments
by Joanne Irene Gabrynowicz with the blog faculty
Res Communis received 10,000+ hits for its post, NOAA Open Letter to Google Lunar X PRIZE Participants. There is enormous interest in the fact that, as the letter says, “if your [X Prize] team is based wholly or partially in the USA, you may need to apply for a license from the National Oceanic and Atmospheric Administration (NOAA).” Along with the hits, Res Communis received numerous comments about why this is the case. With interest being so high, we’ve decided to provide a general response on the blog.
The primary reasons behind the law are to advance the principle of open access to data by implementing the nondiscriminatory access policy and for the U.S. to meet its international legal obligations. It also addresses national security and other interests.
The nondiscriminatory access policy began in 1972 with the launch of the Earth Resources Technology Satellite, later renamed Landsat 1. The policy was formulated to ensure open access to sensed data and to assuage the concerns of the rest of the world that the satellite would be used against them in the form of economic or other espionage. Not all nations agreed that openness of information was a good idea and others feared the satellites being used against them. The nondiscriminatory access policy stated that access to imagery would be available to all, on a nondiscriminatory basis, and any nation could directly download the data, if they also implemented the nondiscriminatory access policy. Canada was the first to do so, followed by numerous nations since then.
Over the years, the policy evolved and has been adopted by all remote sensing nations and is, arguably, the most important part of the U.N. The Principles Relating to Remote Sensing of the Earth from Outer Space. The nondiscriminatory access policy still applies to the Landsat satellites and a modified version can apply to non-federal, civil satellites. How, and to what degree, is determined on a case-by-case basis.
The licensing process also serves as an interface mechanism between the U.S. and its obligations at international law. The United States, along with other spacefaring nations, is a State Party to the Outer Space Treaty. Under Article 6 of that Treaty, signatories, including the U.S., have the obligation to supervise and authorize all of their non-governmental space actors. Other signatories, including Canada, France, and Germany also have their own national analogs to the U.S. licensing process.
The entire subject of licensing, the application of the nondiscriminatory access policy, and related issues is much more complex than this post can address. Suffice it to say, it is a long-standing and widely applied practice.
Library: A Round-up of Reading
July 28, 2008 at 10:41 am | In Library | Comments OffArticles
John L. Conway III, Strangers in a Strange Land: The Federalist Papers, the Air National Guard and Homeland Defense, Air University’s The Wright Stuff.
Jeff Foust, The COTS Conundrum, The Space Review
Taylor Dinerman, Europe’s space ambitions in context, The Space Review
John M. Scheib, Security in a Vacuum: Why TSA’s Proposed Rules on Rail Security Must be Reconsidered, 75 Journal of Transportation Law, Logistics and Policy 11 (2008).
Books
SpaceX – Falcon Launch Vehicle Lunar Capability Guide (Rev. 2)
Reports
J. CLarence Davies – NANOTECHNOLOGY OVERSIGHT: AN AGENDA FOR THE NEW ADMINISTRATION
NASCIO – “Where’s the Data? Show Me” – Maximizing the Investment in State Geospatial Resources
Samuel Black – No Harmful Interference with Space Objects: The Key to Confidence-Building
Aviation Security: Transportation Security Administration Has Strengthened Planning to Guide Investments in Key Aviation Security Programs, but More Work Remains. GAO-08-1024T, July 24
CRS – Satellite Surveillance: Domestic Issues
CRS – U.S. Civilian Space Policy Priorities: Reflections 50 Years After Sputnik
Blogs
NASA authorization bill progress – Space Politics
Backing Off – Space Politics
NGA: Intel Teams Key To GWOT Improvements – DoD Buzz
NOAA Regulations – The Launch Pad
International Lunar Agreement Signed at ARC – NASA Watch
Michael Levine Against Reregulation – Aviation Law Prof Blog
Classified Satellite System Cleared By GAO – DoD Buzz
Manuals
U.S. Army – Aircraft Recovery Operations
Presentations
Rosine Couchoud – EU proposal for a code of conduct for outer space activities
Letters
Rep. Brad Miller to FAA Acting Administrator Robert Sturgell
FCC approves satellite radio merger
July 28, 2008 at 10:26 am | In Space Law | Leave a Commentby P.J. Blount with the blog faculty
SpaceToday.net reports:
FCC approves satellite radio merger
Posted: Sat, Jul 26, 2008, 8:17 AM ET (1217 GMT)
The Federal Communications Commission (FCC) formally approved the merger of the two satellite radio providers in the United States late Friday, ending an effort started 17 months ago. On a 3-2 vote, the five FCC commissioners approved the merger of Sirius Satellite Radio with XM Satellite Radio. The approval comes with conditions, including a three-year freeze on subscriber rates and nearly $20 million in fines for failing to create interoperable radios and violating FCC rules for signal-boosting terrestrial equipment. Those conditions are not expected to derail the merger. The two companies, which combined have approximately 18 million subscribers, announced plans to merge in February 2007, but ran into extensive delays winning regulatory approval. The Justice Department’s antitrust unit approved the merger plans earlier this year, leaving the FCC as the final hurdle to completing the deal. How the two companies will combine the infrastructure over the long term, including their fleets of satellites, has yet to be determined.
There is nothing on the FCC website yet on the matter.
S. Res. 625: A resolution designating August 16, 2006, as National Airborne Day
July 28, 2008 at 10:20 am | In Aviation Law | Leave a Comment
by P.J. Blount with the blog faculty
S. Res. 625: A resolution designating August 16, 2006, as National Airborne Day was introduced on July 25, 2008 by Sen. Charles Hagel (R-NE). The text of the resolution is not yet available from Thomas.
Multinational Agreement Signed To Carry Out Lunar Exploration
July 28, 2008 at 10:17 am | In Space Law | Leave a Commentby P.J. Blount with the blog faculty
From SpaceDaily.com:
Multinational Agreement Signed To Carry Out Lunar Exploration
Representatives of the space and science agencies of all members spent Thursday at Moffett Field working on a plan to launch lunar spacecrafts and orbiters, establishing a network to monitor the moon’s seismic activity,the paper said.
by Staff Writers
Silicon Valley CA (PTI) Jul 28, 2008
India, along with seven other countries, has signed a landmark agreement with the United States to carry out lunar exploration. The agreement was signed at American space agency NASA’s Ames Research Centre here this week and it would be formally announced on Tuesday.Apart from India, the countries which signed the pact with the US are Britain, Canada, France, Germany, Italy, Japan and South Korea.
The agreement, which lays the groundwork for a new generation of lunar exploration, will see a multinational fleet of robot spacecraft returning to the moon in coming years, with countries like India, Germany and South Korea playing key roles, the San Jose Mercury News has reported. . . .
Disasters Charter Activated: Floods in Romania
July 28, 2008 at 10:13 am | In Remote Sensing Law Current Events | Leave a Commentby Joanne Irene Gabrynowicz with the blog faculty
Source: International Charter “Space and Major Disasters”
Floods in Northern / North-Eastern Romania
Type of Event: Floods
Location of Event: Northern / North-Eastern Romania
Date of Charter Activation: 28/07/2008
Charter Requestor: Romanian Space Agency (ROSA)
Project Management: CNESDescription of Event
Thousands of people were evacuated in northeastern Romania after heavy rains caused massive flooding that swept away homes, cut off electricity and damaged roads. At least four people died and two people are still missing.
Images and/or Image Products Delivered Under the Charter
Images and/or image products delivered under the Charter will be published here as soon as they become available.
The Air Navigation (Dangerous Goods) (Amendment) Regulations 2008
July 28, 2008 at 10:02 am | In Aviation Law | Leave a Comment
by P.J. Blount with the blog faculty
The United Kingdom’s Air Navigation (Dangerous Goods) (Amendment) Regulations 2008 (PDF version) was made on July 21, 2008 and will come into force on August 15, 2008:
Statutory Instruments
2008 No. 1943Civil Aviation
The Air Navigation (Dangerous Goods) (Amendment) Regulations 2008Made – 21st July 2008
Coming into force – 15th August 2008
The Secretary of State for Transport, in exercise of the powers conferred by article 70(1) of the Air Navigation Order 2005(1), makes the following Regulations:
Citation and commencement1. These Regulations may be cited as the Air Navigation (Dangerous Goods) (Amendment) Regulations 2008 and come into force on 15th August 2008.
Amendment of the Air Navigation (Dangerous Goods) Regulations 20022. The Air Navigation (Dangerous Goods) Regulations 2002(2) are amended by substituting for the definition of “Technical Instructions” in regulation 3(1)—
“Technical Instructions” means the 2007-2008 English language edition of Technical Instructions for the Safe Transport of Dangerous Goods by Air, as amended by the Addenda and Corrigenda dated 1st August 2007 and 13th June 2008 respectively, approved and published by decision of the Council of the International Civil Aviation Organisation;”
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
21st July 2008
1st Symposium on Astrosociology
July 28, 2008 at 8:56 am | In Space Law Current Events | Leave a Commentby P.J. Blount with the blog faculty:
Symposium Chair
Update: SPESIF 2009 Call for Papers – Deadlines Extended!
Event: SPESIF 2009 Conference
Dates: February 24-27, 2009
Location: Von Braun Center; Huntsville, Alabama
Track: First Symposium on Astrosociology
New Abstract Deadline: August 15, 2008
Additional Deadlines
August 20, 2008 — Authors Notified of Acceptance
September 15, 2008 — Draft Papers Due *
October 30, 2008 — Formal Acceptance of Papers *
December 1, 2008 — Camera Ready Papers Due *
December 15, 2008 — Accepted Authors Must Register for Conference
December 26, 2009 — Completed Proceedings Sent to Publisher
March 20, 2009 — Published Proceedings Released by Publisher (Will be mailed)
*– does not apply to “presentation only” option
Conference Link: http://www.ias-spes.org/SPESIF.html
Symposium Link: http://www.ias-spes.org/Conferences/C-AS.html
(Note: the SPESIF conference replaces the STAIF conference held in the past).
The “1st Symposium on Astrosociology” has its first formal session. Douglas Comstock, the Director of Innovative Partnerships Program at NASA Headquarters, has agreed to chair a session focusing on technology transfers and spinoffs. This topic is a prominent component of the often-neglected causal direction between space and society; that is, how space affects society. Is this really of secondary importance as many suggest?
A session exists called “The Relationship between Astrosociology and astrobiology (and SETI).” The main focus is to put the findings and implications of astrobiology and SETI in a social-scientific context. This where astrosociology becomes relevant.
We have added a “Medical Astrosociology” session. This subfield combines space medicine with social-scientific issues for a more comprehensive understanding by taking advantage of both branches of science. It incorporates behavioral health and psychological phenomena, but it also includes sociology, anthropology, and the humanities.
The Astrosociology Research Institute (ARI) will become a cooperative organization with the SPESIF conference. ARI is a California nonprofit public benefit corporation that seeks to support astrosociological research, including promoting student participation in astrosociology sessions and providing funding assistance for them when this becomes possible in the near future. See the ARI website (www.astrosociology.org) for a complete definition of astrosociology and description of ARI’s mission.
Important Note: participants are not required to write formal papers, so a PowerPoint presentation is adequate to become part of the program. For those who do not have enough time to write a paper, participation is still a possibility. An abstract must be submitted for both papers and presentations, the latter of which summarizes the major theme/purpose of the slideshow presentation.
Together, we can put the human dimension in its rightful place as a complementary component to the traditional STEM subjects common in space research and practice. This is a perfect opportunity to start a tradition at SPESIF in which astrosociology becomes a mainstream topic.
We require additional abstracts. Faculty and students welcome. I strongly urge you to participate!
Sincerely,
Jim Pass, Ph.D. (sociology)
Chair, 1st Symposium on Astrosociology
Chief Executive Officer, Astrosociology Research Institute (ARI)
Vice Chair, AIAA Astrosociology Working Group (AWG)
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