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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.
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