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Lawyers In Space...
colonist writes "The Christian Science Monitor presents an interesting overview of space law. Some want space to be shared by all: 'Outer space is a province of all mankind. There is not, and should not be, any privatization of outer space. It is a common thing that should belong to all.' Some people have claimed parts of the moon or Mars. In response, a lawyer has claimed the sun, 'to show how ridiculous a property-rights system in outer space would be if it were based solely on claims unsubstantiated by any actual possession.' The Space Settlement Initiative wants official recognition of land claims made by those who establish human settlements on the moon or Mars."
Dibs on Uranus!
[insert witty sig here]
Damn, and here I thought I was about to read about a proposal to kick all the lawyers off the planet!
Bill Clinton: Pimp we can believe in. - The Shirt!!!
Even hinting that property and commercial enterprise is not going to be possible in space is a sure way to cripple space exploration. All large scale exploration is done for either commericial or military gain, take your pick.
For the near future though, exerting property rights over anything you can not "meaningfully control" goes against all the common law up to this point.
10 years ago there was a real question over ownership of "cyberspace." Some of us thought it should be an apolitical place where real-world laws need not apply. Want to register the domain name McDomalds.com for yourself? Why not? Who ever said copyrights applied to the Internet? Now it's hard to remember how that made sense.
I predict that in 500 years, today's questioning whether property rights should hold in space will seem just as quaint and hard to understand. People never fail to fence things off and keep them for themselves if they can.
Until and unless a legal framework for ownership of assets (perhaps by being the first to land on them and remain for a period of time) exists, space will remain the preserve of a self-perpetuating government-academic elite and a dream for the common man - but that common man's taxes are what'll pay for it all still. Once space is opened up to industry, then ordinary people can move there, and only then.
He is currently pushing for the DMRA (Digital Millenium Ray Act) that will dictate how and when you are allowed to use those rays, even though you have paid for them and even though they are broadcast into your own space regardless.
0 ,000,000 per year to unauthorized and unpaid for photon use, not to mention such black-hat practices as the storing of solar radiation using contraband such as solar cells or the growing of plants from pirated photon streams, which can then be consumed later for energy, with the net effect that the individual in question eventually gains solar energy without having licensed or paid for it.
Technology is under development that will strictly govern the ways in which you are able to use his sun's rays, and will monitor your ray use for marketing purposes and of course to ensure that you aren't pirating rays.
Any circumvention of this control on your use of rays or any unauthorized use of rays, even those that filter through your windows uninvited, will be a federal solar system offense, punishable by up to 15 years in a federal solar system prison and a 1,000,000,000 fine.
Such stiff penalties are necessary because of the vast quantities of solar radiation involved, which, if totaled, represents a truly staggering amount of currency. In fact, the sun's owner estimates that he loses over $1,000,000,000,000,000,000,000,000,000,000,000,00
"We're working hard to ensure that everyone is complying with the law and can enjoy the sun's rays safely and legally, while still supporting the sun," says the sun's owner. Privately, though, he hints that the loss of revenue due to unpaid for photon use may eventually destroy the giant, causing it to go red and eventually fade into a much smaller, more dense star.
STOP . AMERICA . NOW
Property 'ownership' should be on physical presence basis. If business A spends $20 billion to create a sustained colony on Mars, then their buildings/development should be respected. If the colony discovers something like oil, they have rights to that oil since they spent the money/effort to get there (Hallimartian - CEO: Dick Cheney's head).
This does not mean the entire planet is theirs.
The sun cannot be 'owned' by anyone (that's 1 helluva Nomex suit if someone can land on the Sun).
One the other hand, if there are indigenous inhabitants (future-speak) found on a planet, they trump the visitors.
...which is divided up between a handful of nations for scientific research, and by treaty, it belongs to the "common heritage of mankind." That, if I recall correctly from my international law studies, is the same term applied to space. Both Antarctica and outer space belong to everyone in the world for common scientific study and use.
Of course, the treaties around Antarctica would all go to pot if say, something like massive deposits of fuel oil or some other extremely profitable venture were discovered there...
It's safe to say the same about space, too.
You can't claim anything until you set foot out there, and put some reasonable limit on how much land each individual can claim when there is a shortage.
How about this:
1) If you land on an object <100km on its longest axis and remain for one year, it's yours in perpetuity. If you leave before then, the object becomes unowned.
2) If you land on an object >100km on its longest axis and remain for one year, a circle around your landing spot 100km in diameter is yours in perpetuity. No-one else may land in your circle during your first year for the purpose of claiming ownership (tho' they can of course visit if you let them) and if you leave, the land becomes unowned.
3) If you land on an object on which insufficient land remains for your 100km circle, and you remain for one year, you get the largest possible circle without overlapping anyone elses around your landing point. If you feel hard done by, you should've picked something else to stake your claim on.
There, property rights in space solved.