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SpaceX Can't Broadcast Earth Images Because of a Murky License (cnet.com)

Last Friday, SpaceX wasn't able to give its fans a view of the 10 new Iridium satellites it released into orbit from its Falcon 9 upper stage. Here's why. From a report: Weirdly, company engineers staffing the launch webcast blamed National Oceanic and Atmospheric Administration restrictions for the blackout from the stage, a staple of most SpaceX launches. Well, at least those that don't involve deploying spy satellites or top-secret space planes. The story behind the missing live feed is a muddy bureaucratic affair. It appears that NOAA has recently decided to start interpreting or enforcing a decades-old law in a new way. The agency says SpaceX and other commercial space companies must apply for a license to broadcast video from orbit.

"The National and Commercial Space Program Act requires a commercial remote sensing license for companies having the capacity to take an image of Earth while on orbit," NOAA said in a statement last week. "Now that launch companies are putting video cameras on stage 2 rockets that reach an on-orbit status, all such launches will be held to the requirements of the law and its conditions."

12 of 177 comments (clear)

  1. we know what you're hiding by Anonymous Coward · · Score: 3, Funny

    "cant show photo of globe earth because of copyright license law"

    earth is flat, everybody knows it by now

    lol

  2. Flat earth by pablo_max · · Score: 5, Funny

    Clearly this is part of the coverup designed to convince us that the world is not flat. Nice try.

  3. Security rules by b0s0z0ku · · Score: 3, Insightful

    Likely due to security -- it's essentially a spy satellite that could image military facilities, etc, by chance. Of course, the info is out there anyway, but it probably wasn't as common when the law was actually written.

    On the one hand, I support privacy. On the other hand, transparency about military operations and movements has the potential to destroy the ability of countries to wage war. As a pacifist, I firmly support the latter idea.

    Solution? Transfer ownership of the satellites to a shell company in a country that lacks such restrictions, broadcast away?

    1. Re: Security rules by Tomahawk · · Score: 4, Insightful

      Those images are not in a high enough resolution to cause any such issues for the military. All you can see is the general outline of the large features. The basically send back a HD image, at best. It's not as of they are sending back images that at 10m per pixel, more like 500m per pixel, or higher still.

      This is just NOAA wanting more money, because they can.

    2. Re:Security rules by Xylantiel · · Score: 4, Interesting

      I'm a little suspicious of the claim that this is being "interpreted in a new way", and it generally sounds like the reporter is more interested in manufacturing controversy for a catchy story than actually figuring out what is going on. The NOAA release says that SpaceX has a license already, so that's not "new". I'm wondering if, in a previous launch, they violated some "conditions" that nobody on either side wants to talk about specifically. Another option would be that there was something special about this launch that fell on the wrong side of the "conditions" of SpaceX's license. But the reporter apparently couldn't be bothered to actually report the story, they just made up something vague and inflammatory that isn't even consistent with their own primary sources.

    3. Re:Security rules by thomst · · Score: 4, Interesting

      https://slashdot.org/~Xylantiel confessed:

      I'm a little suspicious of the claim that this is being "interpreted in a new way", and it generally sounds like the reporter is more interested in manufacturing controversy for a catchy story than actually figuring out what is going on. The NOAA release says that SpaceX has a license already, so that's not "new". I'm wondering if, in a previous launch, they violated some "conditions" that nobody on either side wants to talk about specifically. Another option would be that there was something special about this launch that fell on the wrong side of the "conditions" of SpaceX's license. But the reporter apparently couldn't be bothered to actually report the story, they just made up something vague and inflammatory that isn't even consistent with their own primary sources.

      Brzzt.

      The NOAA statement you link to is virtually content-free. That's a fact.

      The only thing that seems to have changed is the addition of payload cameras for the Falcon Heavy test launch to showcase Elon Musk's Tesla Roadster and its spacesuited dummy driver, with the Earth as its background. That video has gone pandemic, and, in the process, has immensely boosted both SpaceX's and Elon Musk's own credibility and reputation around the globe, without in any way endangering the USA's national security.

      Were I conspiracy-inclined, I'd point to the fact that Musk's resignation from Trump's Economic Advisory Council started a stampede for the exits by other members of that body that resulted in it being disbanded - after having met a grand total of one time - and that sequence of events put a major dent in POTUS 45's claim to have "all the best people" advising him.

      Then I'd note that among Donald Trump's signal personality traits is holding very public grudges (and prosecuting them in ludicrously petty ways) over insignificant perceived slights. I'd probably also mention that NOAA, counter-intuitively, is an agency of the Commerce Department - and that Wilbur Ross, the current Secretary of that department, has demonstrated himself to be among the very most shameless presidential sycophants in a Cabinet stuffed to bursting with unabashed toadies and lickspittles.

      But I'm not much into conspiracy-mongering, so I'll just add my voice to those who have characterized this bit of bureaucratic thuggery as standard-issue government overreach, tip my hat to the Streisand Effect, and say, "Let's see what happens next time, shall we ... ?"

      --
      Check out my novel.
  4. Public Photography by pr0t0 · · Score: 5, Insightful

    Hasn't it already been tested and settled (in the US) as a First Amendment right? People are free to photograph and shoot video of public spaces that have no expectation of privacy.

    Planet Earth: pretty public.

    --
    I'm sorry, but your opinion seems to be wrong.
    1. Re:Public Photography by Anonymous Coward · · Score: 4, Insightful

      I also didn't know that NOAA has supplanted the FCC on broadcast rules as well as extending their ownership to space to enforce their rules there.

  5. Re: Free Money by Strider- · · Score: 5, Informative

    The License itself is free. In this situation, NOAA is stuck between a rock and a hard place. The legislation as written started that all imaging done From orbit by private operators must be licenced. It doesn't make any exceptions for low resolution cameras, or engineering cameras that are only temporarily in orbit. The NOAA office simply can not issue a waiver to SpaceX as there is no provision in the relevant law that would permit them to do so.

    The only real solution would be for congress to pass new legislation to allow exemptions and so forth, set minimum resolution threshold or whatever. But given how disfunctional congress is these days, I don't think we'll see it for a while.

    --
    ...si hoc legere nimium eruditionis habes...
  6. Re:Frrosty! by Killall+-9+Bash · · Score: 4, Funny

    Earth is fake.
    Space is flat.

    --
    "Prediction: within 10 years, Windows will be a Linux distribution." Me, 7-6-2016
  7. Re:Um... jurisdiction? by pjt33 · · Score: 4, Informative

    International law requires countries to regulate the outer space activities of private companies. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, Article VI:

    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. ...

    Article VIII:

    A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. ...

    I don't think the treaty says anything specifically about regulating communications, but it certainly establishes the principle that you don't escape national jurisdiction by leaving the planet.

  8. Read it yourself -it is not copyright by Anonymous Coward · · Score: 3, Informative

    51 U.S. Code Subchapter III - LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

    960.12 Data policy for remote sensing space systems.

    It does not look like the provisions are onerous, but it may take some time to make the required determinations. It should be possible to request a license for the entire program, as long as a review takes place prior to any changes that modify image quality. However this is not the same as actually reading the issued license - if there is one.

      960.12 Data policy for remote sensing space systems.
    (a) In accordance with the Act, if the U.S. Government has or will directly fund all or a substantial part of the development, fabrication, launch, or operation costs of a licensed system, the license shall require that all of the unenhanced data from the system be made available on a nondiscriminatory basis except on the basis of national security, foreign policy or international obligations.
    (b) If the U.S. Government has not funded and will not fund, either directly or indirectly, any of the development, fabrication, launch, or operations costs of a licensed system, the licensee may provide access to its unenhanced data in accordance with reasonable commercial terms and conditions, subject to the requirement of providing data to the government of any sensed state, pursuant to 960.11(b)(10).
    (c) If the U.S. Government has (either directly or indirectly) funded some of the development, fabrication, launch, or operations costs of a licensed system, the Assistant Administrator, in consultation with other appropriate U.S. agencies, shall, subject to national security concerns, determine whether the interest of the United States in promoting widespread availability of remote sensing data on reasonable cost terms and conditions requires that some or all of the unenhanced data from the system be made available on a nondiscriminatory basis in accordance with the Act. The license shall specify any data subject to this requirement. In making this determination, the Assistant Administrator may consider:
    (1) The extent and proportion of private and Federal funding of the system;
    (2) The extent of the governmental versus the commercial market for the unenhanced data;
    (3) The effect of a nondiscriminatory data access designation on the applicant’s commercial activity; (4) The extent to which the applicant’s proposed commercial data policies would encourage foreign operators to limit access, particularly for research and public benefit purposes; or (5) The extent to which the U.S. interest in promoting widespread data availability can be satisfied through license conditions that ensure access to the data for non-commercial scientific, educational, or other public benefit purposes.