Ask Slashdot: Legal Advice Or Loopholes Needed For Manned Space Program

Kristian vonBengtson writes "A DIY, manned space program like Copenhagen Suborbitals is kept alive by keeping total independence, cutting the red tape and simply just doing it all in a garage. We basically try to stay below the radar at all time and are reluctant in engagements leading to signing papers or do things (too much) by the books. But now there might be trouble ahead. (Saul Goodman! We need you...) During the last 5 years we have encountered many weird legal cases which does not make much sense and no one can explain their origin. If we were to fix up a batch of regular black gunpowder (which we use for igniters) we are entitled for serving time in jail. Even a few grams. But no one give a hoot about building a rocket fueled with 12 tonnes of liquid oxygen and alcohol. Thats is perfectly legal. If Copenhagen Suborbitals fly a rocket into space for the first time there are likely legal action that must be dealt with. At my time at the International Space University we had lectures and exams in space law and I remember the Outer Space Treaty which is the most ratified space treaty with over 100 countries including Denmark and U.S. And here is the matter – in which I seek some kind of advice or what you may call it: Outer Space Treaty, Article 6 states: '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.' Does this mean that Denmark (or any other country for that matter – if it was your project) suddenly have to approve what we are doing and will be kept responsible for our mission, if we launch into space?" von Bengston adds a related article about the organization's testing process. They had originally intended to burn Nitrocellulose as a way to open lids and deploy parachutes. It worked fine in the garage, but upon testing in low-pressure situations, they found that the chemical reaction slowed too much to be useful. The article includes videos of their tests.

Comments

Trouble Ahead

[Anonymous Coward]

I'm with everyone else - if your spacecraft project is just now figuring out that there is law regulating spaceflight, you are in deep trouble.

I am a damn lawyer, but - I am not your damn lawyer and I have no experience in space law. Oh, and I don't know anything about non-US law.

But, reading the treaty with a lawyer's eye - you have a problem.

Article VI of the treaty says a couple of things you conveniently glossed over:
"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. When activities are carried on in outer space, including the moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization."

Lets look at the first sentence: "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."

I read the first sentence to mean:
A) The nation in which you build your spacecraft "bears international responsibility" for what you do. So, if your spacecraft explodes above my house raining down toxic waste - your home country will have something to say about it. Because it has agreed to this treaty to be responsible.
B) The nation in which you build your spacecraft has the right to regulate your operations to ensure compliance with the Treaty generally.

Now, lets think about the second sentence: "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 second sentence says pretty much the same sort of thing as the first sentence. A nation which has ratified the treaty has a duty under the treaty to make you comply with the Treaty and to supervise your space operations.

The treaty is only part of your problem. In fact, the treaty isn't really your problem. Your homebrew spaceflight organization is not a party to the treaty. But - treaty or no, your home nation has the right to regulate spaceflight, just like it already regulates aircraft.

If you nation has national law regulating spaceflight, you have to comply with that. I'd guess that even if your nation has no national law specifically aimed at spacecraft, it has law governing aircraft - you'd better worry about that too.

Plus, in my home country of the US - the export (such as to a launch site in another country) of spacecraft is a dicey proposition - requiring careful compliance with law related to international arms trafficking. Screwing that up can land you in jail, or at the least on the receiving end of ruinous fines.

So - yes. You'd jolly well better figure out what the law is and start complying with it. Otherwise the penalties for unlicensed possession of blackpowder will look mild in comparison.

Do not assume that because your nation hasn't complained so far that you are OK. That is a fool's hope. If you were required to get a license to fly the thing, you are required to get a license to fly the thing. Even if your project has been all over the internet for years. You could easily end up with a spacecraft but no wa

The US has notoriously permissive gun laws, but...

[Ellis D. Tripp]

that doesn't mean a thing to rocket hobbyists here.

As long as you are using it "for sporting, cultural or recreational purposes in antique firearms", you can purchase and possess up to 50 pounds of black powder, with no federal requirement as to proper storage, etc. 50 pounds of black powder is far more than enough to level a typical house, especially if it goes off in the basement.

If you want to use a few grams of the stuff for rocketry purposes (igniters, squibs, parachute ejection charges, etc.), you need to get a Low Explosives Users Permit (LEUP) from the BATFE, consent to regular government inspections, and provide secured storage, in an approved magazine. You also need to have a large enough piece of property to keep that few grams of powder at least 75 feet from your neighbors, get local fire marshal/police/neighbors signoff, etc, before the LEUP is issued.

Again, use it in a gun, do whatever you want more or less. Use it to deploy safety devices in a rocket, submit to a federal anal probe.

Yes, there are ways around this BS (using pyrodex or smokeless powder rather than real black powder), but those come with additional technical issues, which may make safe rocket recovery more difficult than it needs to be.