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Space Government

Congress Can't Make Asteroid Mining Legal (But It's Trying, Anyway) 213

Jason Koebler writes: Earlier this week, the House Science Committee examined the American Space Technology for Exploring Resource Opportunities in Deep Space (ASTEROIDS) Act, a bill that would ensure that "any resources obtained in outer space from an asteroid are the property of the entity that obtained such resources."

The problem is, that idea doesn't really mesh at all with the Outer Space Treaty of 1967, a document that suggests space is a shared resource: "Unlike some other global commons, no agreement has been reached at to whether title to extracted space resources passes to the extracting entity," Joanne Gabrynowicz, a space law expert at the University of Mississippi said (PDF). "There is no legal clarity regarding the ownership status of the extracted resources. It is foreseeable that the entity's actions will be challenged at law and in politics."
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Congress Can't Make Asteroid Mining Legal (But It's Trying, Anyway)

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  • by mythosaz ( 572040 ) on Friday September 12, 2014 @05:10PM (#47893765)

    Is it just me, or does the phrase "a space law expert at the University of Mississippi" cause you to giggle just a little bit?

    • by marcello_dl ( 667940 ) on Friday September 12, 2014 @05:24PM (#47893883) Homepage Journal

      Besides, that guy doesn't know ANYTHING.

      Mining asteroids!

      You see, when you hit an asteroid it fragments in many little ones that begin spreading around, so you have to hit all of them too and escape from them at the same time, and every now and then an alien ship comes around and start shooting creating even more chaos.

      LEAVE ASTEROIDS ALONE.

      • Re: (Score:2, Interesting)

        by Teancum ( 67324 )

        There is current application of space law in terms of being an extension of international law though. Commercial enterprises working in a space environment or having a significant part or feature of their business (speaking about just space-related assets) is now a multi-billion dollar enterprise. Much of that is of course in the telecommunications industry (where it gets tricky to distinguish what is an Earth-based asset and what is space-based), but it also includes some emerging industries including mi

      • by d'baba ( 1134261 )

        LEAVE ROIDS ALONE.

        Sage advice

  • by Rosco P. Coltrane ( 209368 ) on Friday September 12, 2014 @05:11PM (#47893773)

    Making Up Names Of Bills With Cleverly Crafted Backronyms Is So Fucking Annoying.

  • by Spy Handler ( 822350 ) on Friday September 12, 2014 @05:17PM (#47893835) Homepage Journal

    I am not bound by treaty. I am bound only by the laws of my country.

    If Congress says I can keep the gold I just mined off Ceres, it's mine. Would the Russian government come after me for their share? Good luck to them.

    • To look at it from the opposite end, if your country is abiding by their treaty obligations then they may feel compelled to make laws reflecting it, which you are then subject to. That is of course a pretty big "if" - if they've decided not to abide by it then it becomes a question of what consequences they're either willing to concede to or able to have forced upon them by whoever's on the other end of the treaty.

      If your hypothetical asteroid miner were from a smaller country, one less able to dictate te

      • by Teancum ( 67324 )

        The problem is that the treaty obligations of the USA are silent on the matter of private ownership of extra-terrestrial real estate and minerals. In other words, there are no obligations to get in the way. On the other hand, the major spacefaring nations of Mexico and Australia do have treaty obligations that prohibit their citizens from engaging in this kind of mining operation.

        I wonder how long it will take for Mexico and Australia to back out of those treaties and get into the gold rush in the Solar S

    • by WillAffleckUW ( 858324 ) on Friday September 12, 2014 @05:34PM (#47893947) Homepage Journal

      Technically, no.

      You are bound by the treaties your country signed. In fact, they have more legal weight in the US than laws passed by your own Congress.

      As an example, the US has signed Data Treaties with the EU and with Canada that give citizens of those countries more rights to privacy than you as an American would have (exception: if you are also a citizen of an EU country or Canada, you gain those rights in the US as well).

      Same goes for any treaties signed for non-countries such as Antarctica (which you are bound to) and space (where those exist).

      That's the law. That you choose to be a space pirate, is your own problem. I recommend wearing a gold colored space pirate outfit, with a cape and a cool helmet.

      • by phayes ( 202222 ) on Friday September 12, 2014 @06:08PM (#47894179) Homepage

        The Space treaty may make it illegal but no sanctions are specified. If the USG depenalizes space homesteading and allows people to sell ressources brought back from space, the treaty will be dead. Prior examples: The treaties the USG signed & then ignored with Indian tribes during the 19th century.

        • by Teancum ( 67324 )

          The Outer Space Treaty doesn't even make it illegal. It only prevents sovereign claims upon the territory. It can be debated as to if a U.S. citizen claiming extra-terrestrial real estate might constitute a sovereignty claim as well, and certainly a group of citizens forming a town out of their privately held land and applying for U.S. territorial status will constitute a sovereignty claim, but that is still up in the air.

          Besides, the USA can also simply state openly to all of the signatory parties "I don

      • Technically, no.
        You are bound by the treaties your country signed.

        You mean mean, 'in theory', not 'technically'. If the local jurisdiction does not enforce the laws, then on a technical basis you are not bound by them. On a theoretical basis you may be, but who cares.

        That's the law. That you choose to be a space pirate, is your own problem.

        You can't take the sky from me!

      • Sure glad we have that treaty. Otherwise the NSA and other agencies would be spying on our communications.
      • exception: if you are also a citizen of an EU country or Canada, you gain those rights in the US as well

        Seeing how the US doesn't recognize dual citizenship, I'm not sure I'd bank on that.

      • by Ungrounded Lightning ( 62228 ) on Friday September 12, 2014 @10:26PM (#47895277) Journal

        You are bound by the treaties your country signed.

        Yes: You, and the states, and their courts, are bound by them (to the extent they are clear or were implemented by federal enabling legislation).

        In fact, they have more legal weight in the US than laws passed by your own Congress.

        NO! They have EXACTLY the same weight as federal law. Both treaties and federal law are trumped by the Constitution, and both are also creatures of Congress, They can be modulated, and destroyed (at least in how they are effective within the country) by congressional action.

        The idea that they're any stronger or more permanent than federal legislation comes from a (very common) misreading of the Supremacy Clause:

        This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

        This says that the Constitution, Federal Law, and Treaties trump state law in state and federal courts. It says nothing about the relative power among the three.

        The misreading is to interpret "all treaties made ... shall be the supreme law of the land ..." to mean that treaties effectively amend the constitution. This is wrong. You can see it by noticing the same kind of misreading also makes federal law equivalent to a constitutional amendment - which it clearly is not.

        In fact the Supreme Court has spoken on the relation between the Constitution and treaties: In Reid v. Covert [wikipedia.org], 354 U.S. 1 (1957), the Supreme Court held stated that the U.S. Constitution supersedes international treaties ratified by the U.S. Senate.

        Treaties are abrogated, at the federal level, all the time, and there are a number of mechanisms for doing so.

    • You got it all wromg!
      If I mine some tonnes of gold on Ceres and the Russian government says: it is all mine except for import tarrifs, them I may keep it!
      Good luck for the american congress!

      Besides I'm German, and if I nad the capacity to mine gold on an asteroid I certainly woukd not 'land' it in a nation but in international waters.

      • by Jeremi ( 14640 )

        if I had the capacity to mine gold on an asteroid I certainly woukd not 'land' it in a nation but in international waters.

        Given the relative densities of gold and water, you might want to reconsider that plan ;^)

      • by ultranova ( 717540 ) on Saturday September 13, 2014 @02:02AM (#47895885)

        Besides I'm German, and if I nad the capacity to mine gold on an asteroid I certainly woukd not 'land' it in a nation but in international waters.

        I guess that's one way to make pirates leave cargo ships alone...

    • by golodh ( 893453 )
      If you believe that, then any ' citizen" of the "Khalifate" (ISIS), North Korea, Iran, China, Russia, or whoever can make the very same claim with the same amount of justification.

      And who's to say they're in the wrong to just install a missile battery in orbit to "reclaim their property" or to extract "reasonable compensation" from returning mining vessels?

      Or even to send their own mining vessels (possibly armed) to the very same asteroids that Congress so graciously told you that you can keep the mini

  • by acdc_rules ( 519822 ) on Friday September 12, 2014 @05:21PM (#47893857)
    i've worked for the government and seen some doozy acronyms, but ASTEROID has got to be the best I've ever seen. it even stands for something that makes sense. bravo to to coiner.
  • Congress can modify or repeal treaties by subsequent legislative action, even if this amounts to a violation of the treaty under international law.
  • by wiredlogic ( 135348 ) on Friday September 12, 2014 @05:47PM (#47894017)

    As soon as space mining becomes practical on the near horizon Congress will take the necessary action to legalize it. Otherwise they risk losing all of the money and jobs (not to mention the brib... er campaign contributions) from the support services that would go to non-US companies in countries who aren't signatories to the treaty.

    • by Teancum ( 67324 )

      I wonder what the lobbying budget of Planetary Resources is at the moment? There are other space mining enterprises, but they are the ones that are furthest along with actual hardware capable of doing something with the idea. Their short-term goal is to simply map the Solar System, and not even trying to pretend that it is for purely scientific purposes.

  • by Anonymous Coward on Friday September 12, 2014 @05:47PM (#47894023)

    Article VIII of the treaty states:

    "Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth."

    So if someone attached rocket engines to a small asteroid and moved it, for example, that could be considered "constructing an object" and they would own the whole thing, including the asteroid which is one of its "component parts".

  • This is what the idiots on the House science committee think is their most useful work to do at this time? Making space "safe" for mineral interests? Fuck, I can't believe that this is the most immediate concern in science (or even space, for that matter).

    I can hear it now in Chair Lamar Smith's office: So what do we do today to look busy? I know, we'll have hearings on a symbolic bill that is unenforceable and will never get to the floor, let alone pass, but, since most people don't know that, it should b

  • Congress can very much make asteroid mining legal for Americans; for an American to break a treaty entered into by the US government isn't, by itself, illegal. Calling it "a violation of international law" is really a misnomer, since "international law" isn't "law" in the usual sense of the word. There is no judicial branch of government enforcing international law, no constitutional principles governing it, no consent of the governed.

    If Congress decides to make asteroid mining legal, it may or may not be

  • Try not stealing one since the US government doesn't own them and I think you'll find yourself in jail. Any takers who'd like to bet otherwise? I think in practice this is resolved already, what you bring back to Earth is yours. The fun parts would be that nobody has mining rights, if you find a big gold vein there's nothing stopping another country/company dropping a mining rig right next to yours.

  • While the outer space treaty prohibits countries from claiming celestial bodies as their own, Article VIII states that a country "shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or CONSTRUCTED on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth."

    Which

  • And treaties are written in stone? History is repeat with treaties that are no longer enforced or even acknowledged by any current country. The day someone starts shipping down millions of dollars in precious metals from an asteroid is the day that either countries simply start ignoring the Outer Space Treaty en mass or the day it is "reinterpreted" to allow such pursuits.

    • by khallow ( 566160 )
      Even if it were written [unoosa.org] in stone, we have the following:

      Article XVI

      Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.

      Just written notice and one year later you are free of the entanglements of the treaty and it's just as written into stone as the rest of the treaty. That's why having Congress pass laws like this is interesting. It provides an easily attainable alternate framework to the original treaty.

  • If you are from a nation bound by the treaty, reflag your vessel (nuwclear wessell) to a non-treaty country.
  • So, the earth is divided into many countries. Why not just go ahead and assume that all rocks in space (the Earth is a rock in space too) are to be split up as they are on Earth? The whole idea of ownership in this way is to silly to come up with a plan in one day, given our current laws, as those laws weren't gotten in one day either. It'll take many years before anything will become of this. We haven't even gotten to the part where some religious stance claims that God sent the rock here for some Heav
  • Wherever you are, it belongs to you, and nobody else has any right to tell you to be elsewhere. You are at liberty to sell, rent, or share it with others as long as you remain there. Your ownership ceases as soon as you leave.
  • Wrong, wrong wrong (Score:5, Informative)

    by mbone ( 558574 ) on Friday September 12, 2014 @08:14PM (#47894777)

    I was there at the hearing, and I think the summary is pretty far from the true situation.

    First, Prof. Gabrynowicz is in the minority in the legal community on this (her response is also to work for international consensus on these issues, which is not going to happen.

    Second, the Asteroid Act has been vetted by the State Department (and by a whole bunch of interested parties) and it certainly is in agreement with the Outer Space Treaty of 1967 (even Prof. Gabrynowicz didn't claim otherwise).

    Third, all of the space powers appear to be in agreement with the basic principle expressed by the Asteroid Act - that space mining is a lot like deep sea fishing - you can't claim your fishing hole, but you get to keep what you take.

    For a more balanced explanation as to why the Act is needed as a US instantiation of the '67 Outer Space Treaty to clarify the rules for US Corporations, see Dean Larson's WSJ Op Ed [wsj.com] (or my own take on it [wordpress.com]).

  • Personally I would avoid robbing people who have kinetic weapons of mass destruction hanging in orbit. That's just me though.

  • Well, if it's not specifically "illegal"...I say whomever can make it up there should go for it. As long as the companies / countries aren't putting anyone (besides their own astronauts) in danger and aren't "militarizing space" then who cares?
  • No one has to pay any attention to US law in space because the US is on earth and not space. The US should focus on things it knows like killing brown people and torture.
  • The Outer Space Treaty refers to STATE PARTIES, it does NOT refer to private entities nor to commercial exploitation of resources found and extracted in outer space by commercial entities.

    This entire article is a waste of time except to invalidate itself by the simple act of linking to the treaty it's bemoaning.

//GO.SYSIN DD *, DOODAH, DOODAH

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