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Bill Confirming Property Rights For Asteroid Miners Passes the Senate (examiner.com)

MarkWhittington writes: The Senate Commerce, Science, and Transportation Committee announced the passage of a bill called H.R.2262 — SPACE Act of 2015, which is designed to facilitate commercial space. The bill has a number of provisions for that purpose, including extending the "learning period" during which the government would be restricted from imposing regulations on the commercial launch industry to September 2023. The most interesting and potentially far-reaching provision concerned property rights for companies proposing to mine asteroids for their resources. In essence, the bill confirms that private companies own what they mine. The bill is a compromise between previous Senate and House versions.

30 of 171 comments (clear)

  1. National level? by Big+Hairy+Ian · · Score: 5, Interesting

    How can this be at the national level? Surely this is something that should be hashed out at the UN rather than proposing national laws for something that is already outside your jurisdiction.

    --

    Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

    1. Re:National level? by xxxJonBoyxxx · · Score: 5, Insightful

      >> How can this be at the national level?

      The assumption seems to be that the US will get there first and claim whatever it finds for the US. (Seems reasonable.)

      >> Surely this is something that should be hashed out at the UN

      Surely you understand that the US only uses the UN when it needs to have a resolution bottled up in committees until the news cycle moves on. When we're talking about money, life or property the UN has and will be ignored.

    2. Re:National level? by Richard_at_work · · Score: 3, Insightful

      Its at the national level because its basically the US government saying "*we* won't interfere with miners property rights". That doesn't conflict with someone else interfering with miners property rights.

    3. Re:National level? by ShanghaiBill · · Score: 3, Insightful

      Other space-faring nations are unlikely to challenge America on this issue, because they have an interest in staking their own claims. Since the asteroid belt contains more than 100 million cubic miles of ore, weighing several quadrillion tonnes, there should be enough to share. Space is big, and there is plenty of stuff out there.

    4. Re:National level? by Applehu+Akbar · · Score: 2

      Under the UN Space Treaty, all government on space settlements must arise from the culture of the settlement itself, rather than being imposed from Earth. A law like SPACE can only affect how our own legal system treats space settlers within our own jurisdiction.

      The one exception is that if drug production and/or usage in space becomes an issue. In that case the DEA (if recreational) or the FDA (if pharma) would be given the budget snd manpower to build starships, if necessary, to enforce its galactic powers.

    5. Re:National level? by idontgno · · Score: 5, Insightful

      The history of claim-jumping argues against you. More efficient than prospecting on your own someplace away from other claims, is to let someone else do your prospecting for you and then take the claim for your own. If they're working an asteroid, presumably it's rich enough to make it worth taking from them.

      The Earth is big but humanity has always been willing to kill each other for chosen and desirable bits of it. Space probably won't be different, because even if Space is different, humanity is still humanity.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    6. Re:National level? by sycodon · · Score: 2

      What government entity can possibly claim jurisdiction over asteroids or any other object in space?

      What they SHOULD be doing is making it clear that if you mine an asteroid, and then accidentally drop it on a city, you are going to jail.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    7. Re: National level? by ememisya · · Score: 2

      This is more along the lines of, "Go forth and discover the dark seas little billionaires, we won't shoot you down, oh, here are some rules." I'm sure Madagascar had a thing or two to say to weigh in on the issue but US don't care baby.

    8. Re:National level? by erikkemperman · · Score: 2

      Other space-faring nations are unlikely to challenge America on this issue, because they have an interest in staking their own claims. (...) Space is big, and there is plenty of stuff out there.

      I'm not sure they wouldn't challenge this. While it may only apply to companies in its jurisdiction, what gives US congress the authority to decide about ownership of stuff in space?

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    9. Re:National level? by JasterBobaMereel · · Score: 3, Insightful

      If a company registered in the USA, launches from the USA, mines asteroids in space, and returns to the USA, the the US senate currently says that the company will own what they mined and brought back at least according to the USA... others may dispute this

      Taking off elsewhere, landing elsewhere, the journey there and back, and exporting to other countries could be very interesting ...

      --
      Puteulanus fenestra mortis
    10. Re:National level? by Immerman · · Score: 2

      Only an idiot would launch their mining equipment into space and haul the ore back to Earth. The whole point of mining in space is to build stuff IN SPACE, which you can then sell to other people in space at radically lower prices than Earth-made equipment while still maintaining lucrative profit margins. Only the largely useless "waste" byproducts such as gold, platinum, etc are likely to be worth sending back to Earth.

      Now, there is of course a chicken-and-egg problem there which requires that at least the first few mining operations do in fact launch their equipment from Earth, and they may well lose money, though there is a chance they can send back enough "waste" to Earth to break even, or at least recoup a large portion of the initial costs.

      After that though things can begin to snowball rapidly - evidence suggests that many asteroids contain iron ore of sufficient purity to require little if any refinement before working. And while freefall casting, forging, etc will doubtless present some challenges not present on Earth, they are unlikely to interfere with the production of crude structural components for long. In the worst case you simply do your metalworking under the influence of centrifugal "gravity". Then you only need to send up the "high-tech" components from earth - rarely more than a few percent of the total mass of a piece of industrial machinery. It may be a long time before it's worth it to make CPUs or even circuit boards in space, but girders, hulls, electric motors, etc. can be manufactured with extremely primitive technology. Even fuel tanks and rocket engines are fairly simple when you're not limited by the performance-to-mass constraints needed to escape Earth's gravity well.

      Basically it comes down to the colonial mindset - by and large when a new frontier is first exploited it's mostly by those looking to pillage for a quick buck, and space may not be terribly conductive to that seeing as how there's no technologically inferior natives to massacre and plunder. Once it's been shown that people can prosper there though, then the second-wave settlement begins. Send the poor and downtrodden to seek their fortune exploiting the available resources in dangerous territory (while paying juicy interest on the debt they incurred getting there of course). And with the settlers come the traders, after all there's lucrative profits to be made on all that fancy stuff from the "old world". And before you know it you have a whole new chunk of empire paying taxes. Sure, if you get too heavy-handed they're likely to rebel, but there's lots of money to be made in the interim. Do you really think things will be any different simply because the empires are run by corporations rather than monarchies? The only real challenge is jump-starting that initial wave of exploitation.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    11. Re:National level? by azcoyote · · Score: 2

      It's true; in fact, the real beneficiaries of the U.S. frontier gold rushes were the merchants who sold supplies for mining rather than the miners themselves. With this in mind, however, it seems that any intrusions from other powers will be in accord with a principle of commercial viability. Whether or not someone steals another's asteroid claim will depend upon the potential costs and profits of benefiting in another way. Thus what might contribute to some likelihood of respecting other's rights is not some innate goodness of human activity, but rather the potential to profit off of such a respect. Other countries might indeed benefit from asteroid mining much like the merchants of the past did. They might even be able to develop technologies for their own mining more easily because they will benefit from the mistakes of the first pioneers. But this principle of commercial viability could just as well lead to a non-recognition of supposed rights and outright violation of claims.

      --
      Incipiamus, fratres, servire Domino Deo, quia hucusque vix vel parum in nullo profecimus.
    12. Re:National level? by thegameiam · · Score: 2

      Part of the viability of claim-jumping is the notion of getting away with it. At least for the foreseeable future, there will be a lot of eyes on any given asteroid mining operation.

      --
      Need Geek Rock? Try The Franchise!
    13. Re:National level? by erikkemperman · · Score: 2

      A couple of billionaires are exploring that issue right now. The quantities of precious and heavy metals contained in some asteroids is valued in the trillions.

      The preciousness of those materials is in its rarity. If the amount of gold on earth suddenly triples, it'll presumably affect its value. Well, unless we make some arbitrary distinction like the one that attaches different value to artificial vs natural diamond, which everybody accepts for romantic reasons (and to keep De Beers filthy rich).

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    14. Re:National level? by careysub · · Score: 4, Insightful

      The history of claim-jumping argues against you. More efficient than prospecting on your own someplace away from other claims, is to let someone else do your prospecting for you and then take the claim for your own. If they're working an asteroid, presumably it's rich enough to make it worth taking from them.

      The Earth is big but humanity has always been willing to kill each other for chosen and desirable bits of it. Space probably won't be different, because even if Space is different, humanity is still humanity.

      I'm sorry this not the Wild West in space*. Not even the bill just passed lets you claim an asteroid - which is still explicitly prohibited by international treaty. It lets you claim the the stuff you got from the asteroid only, which is quite reasonable.

      Translating notions of "claim jumping" to a space mining operation does not take into account the vast differences. For one, asteroids never had ore concentration processes, beyond what differentiation on formation might have accomplished, and space mining relies on the high average abundance of siderophile** elements in various classes of asteroids. The entire asteroid will be the ore body, and even a small one will vastly exceed the scale of plausible human mining operation. The whole point of space mining is the lack of scarcity up there. Earth mining practices are based on the fact that scarcity is normal.

      *In science fiction this is called a "Bat Durston", translating notions of the Wild West into a space opera. For good reason these are looked upon with derision.

      **The rare iron-loving elements that sank to the core of the Earth.

      --
      Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
    15. Re:National level? by sycodon · · Score: 2

      One of the methods of mining them are to bring them back to earth orbit for processing. If a bunch of PhDs can crash a satellite into Mars, company engineers can crash an asteroid into the earth.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  2. Re:Is it just me ... by Rei · · Score: 5, Insightful

    If a US company launches into space, reaches an asteroid, mines it, takes the stuff, and lands back in the US.... they want to know whether the US government is going to let them call what they mined their property. They could care less what Tajikistan thinks. The launch, operations, and returned goods would be within the US. If someone from some other country wants to try to intercept and destroy them en route, that's a "hurdle" this doesn't address. It's also not a realistic scenario in the near-term, or even mid-term, future.

    --
    The yellowcake is a lie.
  3. The first word spoken on Mars ... by scunc · · Score: 3, Funny

    "Dibs."

    1. Re:The first word spoken on Mars ... by ClickOnThis · · Score: 4, Funny

      An old joke from comedian Robert Klein...

      Neil Armstrong missed a great commercial opportunity when he placed his foot on the moon. With all of Planet Earth listening, he should have said 'Coca-Cola.'

      --
      If it weren't for deadlines, nothing would be late.
  4. Re:Is it just me ... by Pseudonymous+Powers · · Score: 2

    If a US company launches into space, reaches an asteroid, mines it, takes the stuff, and lands back in the US.... they want to know whether the US government is going to let them call what they mined their property. They could care less what Tajikistan thinks. The launch, operations, and returned goods would be within the US. If someone from some other country wants to try to intercept and destroy them en route, that's a "hurdle" this doesn't address. It's also not a realistic scenario in the near-term, or even mid-term, future.

    Yeah. The Outer Space Treaty of 1967 is pretty vague, and maybe even self-contradictory, about how property works in space. This ambiguity was probably intentional, as it would otherwise have been impossible to get so many countries to sign on to it, especially in the midst of the Cold War.

    Personally, I think we should just agree to treat outer space the same way we currently treat international waters. Seems like the underlying problems and legal issues are mostly the same. But I guess some people wouldn't agree with that, either. That's diplomacy for you.

  5. Re:Is it just me ... by Impy+the+Impiuos+Imp · · Score: 2

    The US recognizes people may eventually mine asteroids. I don't see a problem. The idea the proper state of a free human is to presumptively kneel for permission for everything from the King is a historical anachronism unfortunately adopted by modern democracies happy to let The People feel a taste of royal power.

    Your attitude is akin to the concrete canyon dwellers in New York and California dictating how places like Arizona and Idaho should use their land.

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    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  6. Re:Is it just me ... by Impy+the+Impiuos+Imp · · Score: 3, Insightful

    And long term, unless the US is derelict in extending naval dominance into space to protect the trade routes there, as they do on the high seas today.

    Hint: Any conflicts will be between powerful countries seeking resources. Whiney also-rans who feel things like they own asteroids they have no means to get to, will not enter into the equation in practice.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  7. Re:Asteroid Orbit by xxxJonBoyxxx · · Score: 2

    >> danger of altering an asteroids orbit and having it eventually hit Earth

    How did this get mod'ed to 3? Asteroids are #1 big (making them hard to alter), #2 far away (making it unlikely that they will accidentally get close to us), #3 already in an orbit (making it easy to predict what our efforts will change them) and #4 easy to track once we know they are there (e.g., slap a solar-powered transmitter on 'em). Of all the problems with asteroid mining (see the "pot of gold" and "but the UN" comments nearby) this is one for the bottom of the list.

  8. Bill includes provision to group asteroid natives by Kevoco · · Score: 2

    onto reservations

  9. Re:I have a new law too by Pseudonymous+Powers · · Score: 4, Funny

    It's about who the pot of gold at the end of the rainbow belongs to. That's about as realistic as asteroid mining. Leprechauns, space mining, same thing. You can talk all you want, fantasize all you want, it will never happen. Ever.

    Bah! You're just as bad as the rest of the space nutters on Slashdot. How many times do I have to tell you space nutters? Space doesn't exist! It's just a sheet of canvas that God put up above the Earth to keep us from seeing what else is on his desk.

    Space nutters!

  10. Re:Own what you mine by ShanghaiBill · · Score: 2

    We should have the same rules on Earth. You shouldn't be allowed own the land, but you own what you extract, build, harvest, etc.

    That is a really, really bad idea. In terms of wasted lives and excess deaths, it is probably the worst idea in history. People have little incentive to build and grow on land they do not own. Collectivization of land ownership resulted in the mass starvation of 7 million Ukrainians and 30 million Chinese. Even today, millions of farmers in Africa and China are summarily evicted from land they have tilled for generations, because they have no legal title. Others are forced into subsistence agriculture because they have no ability to use their land as collateral, or sell it, or consolidate land into an economically viable size. The World Bank considers a lack of clear property rights to be one of the primary reasons for persistent 3rd world poverty.

  11. as an alien can i extract/own anything from earth? by sittingnut · · Score: 2

    since i designate myself an alien, i intend to extract and own the resources in so called north american continent of space object earth ( intend to own especially those human animals who refuse to be aliens ) :-)

  12. Re:Asteroid Orbit by ShanghaiBill · · Score: 2

    Seems like there could be a danger of altering an asteroids orbit and having it eventually hit Earth.

    Simple solution: Improve math and physical science education, so people have a better sense of scale, and can think more rationally. Then this will no longer be a problem.

  13. Re:Is it just me ... by Rei · · Score: 2

    Most near-term commercial "space mining" proposals are about mining metallic asteroids which contain high concentrations of metals which are rare/valuable on Earth, and which could be taken back to Earth via ion tug or rail gun/coil gun/etc at little cost compared to the value of the resources.

    There is a hypothetical future market for resources mined in space to be used in space, that would theoretically pay lots of money for common things like water and base metals. However, there is a very real, present market for valuable metals on Earth today.

    We may be sending a probe soon to a potential mining target (although not to mine it, just to study it) - 16 Psyche. It's over 200 kilometers in diameter, contains about 1% of the mass of the entire asteroid belt, and is believed to be 90% metal (the same sort of iron-nickel combination that we find in some meteorites). Nickel is a reasonably valuable metal on its own and Psyche has enough for millions of years at Earth's current consumption rate, but that's not really the target of mining. It's things like gold, iridium, silver, osmium, palladium, platinum, rhenium, rhodium, ruthenium, tungsten, etc that mining companies are after. They're far more concentrated on metallic asteroids than in Earth rocks, and they're unoxidized to boot. Also some asteroids have gem-quality peridot in them in abundance. That alone could be worth a fortune even if it weren't from space (ignoring what some people pay for otherwise uninteresting "rocks" from space). Metallic asteroids usually show a beautiful Widmanstätten patterns as well, which would give them value as decorative stone even if they became commonplace on Earth. Picture how much some luxury-obsessed sheikh would pay for say a countertop of Widmanstätten-patterened asteroid studded with peridot from the birth of our solar system.

    But again, the prime mining market is the rare metals.

    --
    The yellowcake is a lie.
  14. Re:With all this space hype - by careysub · · Score: 2

    Is there any knowledge about environmental impact this fantasy has? Heaving the tons of equipment and initial human support environment against native planets gravity - does it help the ionosphere destruction some more and if so, how much and what is put into the atmosphere, is it just burnt hydrogen (water) or ?? and how much energy is used to produce the fuel?

    The cost of space launches will always be very high, due to the cost of the hardware, even if it is reusable. Airline flight costs on the order of $4 a pound. Spaceflight costs on the order of $4000 a pound. Spaceflight will always have a minor impact on the world environment, compared to air travel (for example).

    The energy investment in space travel is vastly smaller than people imagine. It seems huge because a relatively large amount of energy is transferred to a small amount of material quickly, but launches are rare and intermittent, and the amount of material being launched is tiny. The mighty Saturn V burned up energy equivalent to $100,000 worth of wholesale electricity, an afternoons output from an average power plant.

    How about bringing the harvest back - using the atmosphere as brake - how many more trillion-joules of energy would be put into the air and below?

    There you have a valid cause for concern. The amount of platinum group metals consumed annually is quite small, a few hundred tons a year, and asteroids are about ten times richer than the best ores on Earth, but that is still only 0.01% PGM, so a few million tons of asteroid material will need to be deorbited a year. It will be interesting to see the proposals for doing this. The cost of doing anything in space is so high that the idea of actually processing the ore in space is truly fantasy for a long time to come.

    --
    Starships were meant to fly, Hands up and touch the sky - Nicky Minaj