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Mars Government Space

SpaceX Will 'Make Its Own Laws On Mars' (independent.co.uk) 293

schwit1 writes: SpaceX will not recognize international law on Mars, according to the Terms of Service of its Starlink internet project. Elon Musk's space company will instead reportedly adhere to a set of "self-governing principles" that will be defined at the time of Martian settlement. Musk revealed plans to create a self-sustaining city on Mars last week, though no timeframe is yet to be put in place for its development. Any future colony created by SpaceX would likely use constellations of Starlink satellites orbiting the planet to provide internet connection to people and machines on the surface.

"For services provided on Mars, or in transit to Mars via Starship or other colonization spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities," the governing law section states. "Accordingly, disputes will be settled through self-governing principles, established in good faith, at the time of Martian settlement." Space systems engineer Erwan Beauvois said SpaceX's position was reminiscent of a declaration put forward by the Earthlight Foundation, a non-profit organization committed to preparing for the expansion of humanity beyond Earth. The Declaration of the Rights and Responsibilities of Humanity in the Universe states that space should be "considered free, by all, for all and to all."

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SpaceX Will 'Make Its Own Laws On Mars'

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  • StarWars (Score:5, Funny)

    by kreedin ( 890085 ) on Saturday October 31, 2020 @03:06AM (#60668126) Homepage
    And so the epic saga of StarWars beings
    • Comment removed (Score:5, Insightful)

      by account_deleted ( 4530225 ) on Saturday October 31, 2020 @07:52AM (#60668528)
      Comment removed based on user account deletion
      • Not Star Wars. More like "The Expanse". Great series. You should watch it when you get the chance. Makes Star Wars look kinda lame.

        Better yet, read the books!

  • by Daemonik ( 171801 ) on Saturday October 31, 2020 @03:10AM (#60668128) Homepage

    Just what we need, interplanetary HOA's foreclosing on your habitat because you haven't raked the sand lately. Space Karen's telling you to prove to them that you live there.

    Better yet! Company planets, forcing settlers to buy products ONLY from the company store and only allowed to sell their ore/food/etc to the company.

    • by AmiMoJo ( 196126 )

      And piracy. Because it won't just be SpaceX there, other outfits will be sending ships too.

    • Given that Musk uses stacked ranking in his companies one can predict that the law will not be the best that human society can offer and that things like slavery will be legal. Welcome to the first off planet dictatorship.

    • Need a job? Venusians need not apply.
  • by imidan ( 559239 ) on Saturday October 31, 2020 @03:17AM (#60668134)

    space should be "considered free, by all, for all and to all"

    Where "all" means all who can afford to go there. An easy philosophy to accept, if you happen to be a billionaire who owns a spaceship company.

    • space should be "considered free, by all, for all and to all"

      Where "all" means all who can afford to go there. An easy philosophy to accept, if you happen to be a billionaire who owns a spaceship company.

      Own a spaceship or buy a ticket on a spaceship. The latter gets cheaper over time. Much like so many US immigrants bought a ticket on an ocean going ship. Hint: many of them were what one might describe as not "rich".

      • by fazig ( 2909523 )
        It took quite some time between the first ocean worthy ships and being able to purchase affordable and relatively safe passage over a major ocean.

        Given how expensive every single launch from Earth into orbit still is, it'll take some miracle (like a working space elevator, or some kind of cold fusion drive) to bring the cost down enough for passenger flight.
        At some point we'll probably get there if we manage to overcome scarcity issues. But I wouldn't hold my breath.
      • by Antique Geekmeister ( 740220 ) on Saturday October 31, 2020 @04:04AM (#60668218)

        Not at first. While the first few colonists were explorers and the sailors and families willing to join them, soon most colonists were exiles, for criminal, econimic, religious, racial, or political reasons, and in some cases all four reasons. Wealth for the governors and often lethal poverty for others was common place, reinforced by the military of the home countries to control the valuable imports.

        Unfortunately, Mars is not likely to ever be profitable. While free fall presents many valuable manufacturing possibilities and advantages, as does isolation from neighbors for dangerous manufacturing, the costs of supplies to Mars is so much more than that of Luna that it's unlikely to ever compete economically.

        • by AmiMoJo ( 196126 ) on Saturday October 31, 2020 @05:58AM (#60668368) Homepage Journal

          Which ever government decides to throw resources at a colony will end up controlling it. At the moment the most likely to do it is China, followed by the US.

          SpaceX is talking bollocks here. They are an Earth based company any whatever happens on Mars will be subject to litigation here. If they fail to enforce US laws they will be sued into oblivion by the relatives of the victims on Earth. Normal employment laws will apply.

    • The other problem with the people that dream of a perfect libertarian utopia is that power abhors a vacuum and as soon as you have your totally free society, some members of it will start forming coalitions for trying to make themselves more free than others and then some others will set about trying to block that from happening and so form their own coalition power in the process and there you've basically got the germ of governments and politics.

      Which leads us to the cliche of democracy is the very worst

  • Nationstates ultimately derive power from their ability to physically hurt or ostracize you. If a man can escape from that sphere of influence what right do they have over him other than what he will voluntarily give them? Just like in the old days if you take more risk to move to the frontier you are rewarded with more freedom. You don't owe your former kings anything. They want control let them come and try to take it.
    • Re: (Score:3, Insightful)

      Yes, go to Elon Musk's frontier where he has the freedom to call you a pedo as much as he wants.
    • by hey! ( 33014 ) on Saturday October 31, 2020 @09:42AM (#60668676) Homepage Journal

      The idea that you can escape the power of nation states to ostracize by going all the way to Mars is ... problematic. Any Mars colony in the near future will not be self-sustaining, it will rely on aid from the "mother country" to a degree that no terrestrial colonies ever have -- unless you count things like Antarctic research stations as colonies. Nation states will have plenty power to hurt the colonists.

      As for the "old days" of terrestrial colonization, your view of that is somewhat selective. Sure, on a colonial frontier you were far from where the government could keep its eyes on your day to day activities, but you would have been highly dependent on the government nonetheless. By in large people didn't go to colonies to be subsistence farmers. They went to get or make things to sell back home: furs, cattle, grain, gold, valuable minerals. Colonization was a national project, supported by national policy, money, and most of all military power.

    • by dryeo ( 100693 ) on Saturday October 31, 2020 @12:35PM (#60669116)

      It took Columbus what, 3 voyages before he was cutting off peoples hands to motivate the natives to deliver gold so he could pay off his investors. I guess that's freedom.

  • by johannesg ( 664142 ) on Saturday October 31, 2020 @03:33AM (#60668164)

    ...before making any grand plans. From a practical point of view, if they want to launch from US soil (which makes sense, since all their hardware is there) the US may have something to say about whether they are even allowed to leave, considering this self-proclaimed intention to not obey international law. And claiming the entire planet is indeed very much a violation of space law.

    Would a possible future self-sustained Mars Colony be independent? Of course, it couldn't be anything else. but to state this before they've even launched their first flight feels like entirely the wrong thing to do. Instead of the pioneers of humanity on its greatest frontier (i.e. a great adventure shared by all), with these words they choose to place themselves in opposition to us (i.e. they have their own rock and don't care for us and our laws). What an incredibly bad call...

    • Re: (Score:3, Interesting)

      by iggymanz ( 596061 )

      No need to "get there first", the issue is already legally settled. U.S. (and many other countries) citizens are subjects of their State of origin even in space, no matter where in space they are.

      • Yes, I said that.

        • No, you misunderstand the situation. You imagine SpaceX has made themselves "in opposition to us" and that colony "of course will be independent". You imagine where rockets launch from is of any relevance.

          No, no and no, law already decided, SpaceX words are empty lies and wishful thinking. They will always be subject to their country of origin no matter where they go. Irrelevant where the rockets launch from. Already decided.

          • You're delusional. SpaceX in opposition: that's what the article is reporting.

            Independence: if and when a future Mars colony becomes fully self-sustained, they really have no reason for not having independence. Any current-day legal framework will automatically and unavoidably be trumped by the practical situation on the ground. The "legal framework" present in Britain in 1776 did not stop the US from proclaiming independence either, did it?

            And where the rockets are launched most certainly matters. If Musk

            • Yeah, you kids need to get back to reality.

              Those, who have the biggest sticks, make the rules.

              Let's see how quickly he backpedals, once somebody holds a gun to Musk's head.

              And what's to say that a self-sufficient Mars will give a crap about SpaceX and Musk at all? They might kill all SpaceX enforcers the day after acquiring self-sufficiency ... And be re-conquered three years or something later. ... Only for Earth to notice, that the plan was for the new team to take over and tell Earth to fuck off. ... Mus

      • by 1s44c ( 552956 )

        That works as well as US being subject to UK law works. It works until the people decide it doesn't.

      • by fazig ( 2909523 )
        Laws are only as good as the ability to enforce them is.
        If there is no enforcement for a law, then that law is nothing more than hollow words.
    • by istartedi ( 132515 ) on Saturday October 31, 2020 @04:28AM (#60668260) Journal

      They could always agree to abide by US law before they leave, and then break the treaty once the Mars Colony is well established. Then we'd have US authorities complaining about a bunch of colonizers breaking a treaty, and a lot of Indians would have a good laugh.

      • Agreed but this pronouncement sorta harms that initiative, and further, I'd imagine that all the Earth-bounders would have to do is threaten to stop publicizing the feats of the Mars-folk and the Mars-folk would cave. My assumption is that the people that would be selected by a company such as SpaceX, would be the equivalent of today's 'influencers,' and as such rapidly shrivel when not provided sufficient attention.
      • by Corbets ( 169101 )

        And then someone would figure out that lobbing a missile in the direction of Mars is less of a technological challenge than landing colonists there...

    • Would a possible future self-sustained Mars Colony be independent? Of course, it couldn't be anything else. but to state this before they've even launched their first flight feels like entirely the wrong thing to do.

      I disagree. This sounds exactly like the right thing to do.

      If an international company like SpaceX is going to get private funding, people willing to colonize Mars, as well as manage relations with all the nations on which it depends upon to get to Mars, then legal questions like this need to be answered up front. Who's laws apply when on Mars? Mars law. Um, or would that be "martial" law?

      From a practical point of view, if they want to launch from US soil (which makes sense, since all their hardware is there) the US may have something to say about whether they are even allowed to leave,

      Why would the US government have a problem with a Mars colony declaring itself independent from the USA? If someone

  • When someone dies up there, are they going to make soup out of him?

    • Probably well within the realm of possibilities.

      --
      Not only does God play dice but... he sometimes throws them where they cannot be seen.
      - Stephen Hawking

    • Re: (Score:2, Interesting)

      “A man's flesh is his own; the water belongs to the tribe.”
    • I would imagine you would bury and compost them, and use the compost to grow food?

      • Composting meat doesn't work, unless you add in a lot of low-energy stuff, like wood chips and sawdust. It will rot and stink and grow organisms that and whose waste are toxic to humans.
        If you get lucky.
        If not, it might also catch fire. And eat ALL your oxygen.

    • Depends how desperate the situation is. There's a cost to recycling a corpse: Terrible publicity back on earth, which would jeopardise the funding. Remeber that a mars colony would be dependent for a very long time on regular supply deliveries, so they need to be concerned about keeping the public back on earth supportive of the project. Public relations would be a matter of survival, so anyone who does die is going to get a funeral dominated by concerns over public relations. If all goes well, there should

      • by dryeo ( 100693 )

        That said, in the event things do go horribly, horribly wrong - perhaps a few consecutive supply deliveries fail, or an accident leads to the loss of the farming area and severe food shortages - then the standard rules of the stranded apply: Survival at any cost.

        International law even recognizes that. People have eaten their comrades in life boats and upon being rescued, the courts decide it was out of necessity and legal. They still can end up with a bad reputation.

    • Cause that's how you get prionic diseases!

  • Not legally (Score:5, Interesting)

    by iggymanz ( 596061 ) on Saturday October 31, 2020 @03:41AM (#60668184)

    Astronauts remain subject to the jurisdiction and control of their state of origin, says 1967 Outer Space Treaty. Sorry Elan, you and USA passengers will answer to and obey the U.S. government most important of all pay your fucking taxes.

  • by Arzaboa ( 2804779 ) on Saturday October 31, 2020 @03:47AM (#60668188)

    The United States government, at some point, is going to come after this. Soon after that you'll see claims from other countries. How does that play out?

    Sanctions.
    Supply chain attacks.
    Try people on mars in absentia and don't let them come back until you negotiate.
    Spy's all throughout SpaceX.
    Laws that tax space ports.
    Customs laws.

    I'm certain that if I'm thinking of it that someone in a government somewhere is already working on a way to get funding to figure this out.

    --
    She was a surprise, and let's face it, few people are. - Donna Lynn Hope

    • Not just the US. If this actually pans out somehow, and it does look like a sustainable colony might happen, the stakes are ridiculously high: We're not just talking about power, but about the future of an entire culture and civilisation. Whoever settles the planet gets to define the future for potentially thousands of years. A whole planet reflecting their ideals, their values, their religion, their language.

      Do you think the rest of the world is going to take that lying down? Is China going to do nothing,

    • You forgot: Wars.

      Rocket Go Boom!

    • Try people on mars in absentia and don't let them come back

      Yeah because that's a nasty threat to people who have opted for a one way mission.

    • Spy's all throughout SpaceX.

      There isn't much point having spies on Mars if they have no means of communicating with their spymasters back on Earth.
      Given that Musk has said all communications will go through Starlink satellites (and presumably whatever interplanetary link SpaceX puts in place), it looks like he has foreseen that potential problem and has it bottled up real tight. With no way to send messages, either to Mars or from Mars, except through his centrally controlled network, he has given himself the ultimate in control over

      • all communications will go through Starlink satellites

        All *official* communication, perhaps. Doesn't mean that communication is impossible outside of it. It's just...less convenient.

  • have people drive on the right side!
  • by Ungrounded Lightning ( 62228 ) on Saturday October 31, 2020 @04:14AM (#60668230) Journal

    This is about the "Moon Treaty" and its successors, along with rest of the international politics of certain Earth countries none of them with space capability at the time) claiming ownership of the rest of the universe, including all the celestial bodies, and excluding private property rights on such real estate.

    Any business that wants to DO business involving obtaining property rights over any resources outside the Earth's atmosphere needs to be outside that "International Law" regime, and have a solid expectation of being able to make it stick, before spending their investment. Otherwise they can expect that, once they've burned their investment and developed something valuable, certain countries will confiscate these valuables wherever and whenever they are able -and clam to be in the right as they bankrupt the producers.

    Think of this as a preemptive Declaration of Independence - and a shot across the bow of any nation-state that would want to pull such piracy. By doing it now Musk has a chance to get the legal framework in place and the threat settled before he has to pull the switch on actually spending resources on space colonization and industrialization efforts.

  • "Thriller about an honest marshal in a corrupt mining colony on Io, Jupiter's sunless third moon, who is determined to confront a violent drug ring even though it may cost him his life. After his wife angrily deserts him, he waits alone for the arrival of killers hired by the company to eliminate him. Futuristic remake of `High Noon'."

    • Just got the news that Sean Connery passed away today, so I'm going to have to watch that one again tonight. An underrated movie as far as I am concerned.
  • A state or not? (Score:5, Interesting)

    by ThunderBird89 ( 1293256 ) <<moc.oohay> <ta> <iseyggemnalaz>> on Saturday October 31, 2020 @04:37AM (#60668274)

    This leads to a sticky situation for the colony: by declaring their own laws and exercising control over their borders/citizens, they fulfill the criteria of being a state, and at that point, according to the Outer Space Treaty of 1967, they are legally barred from owning territory off-planet.

    Now granted, the Outer Space Treaty, as well as the adjoining Moon Treaty, are long overdue for a refresh, given that circumstances have changed drastically since their passing, but there seems to be little will in the world to actually make that change and establish a proper legal framework for expansion into space.

    • by declaring their own laws and exercising control over their borders/citizens, they fulfill the criteria of being a state, and at that point, according to the Outer Space Treaty of 1967, they are legally barred from owning territory off-planet.

      Except that the colony would not be a signatory to the Space Treaty, so it wouldn't be bound by it.
      Once they are up there, they can declare anything they like. The real question is what other countries will do about it. Divide and conquer... if the USA and/or Europe make a big deal out of boycotting the fledgling colony, I am sure that countries like China and Russia will smell an opportunity, and move to recognize them as a state. Exclusive trade agreements with (and landing rights at) a space colony c

    • But surely a new state would not be a signatory to the treaty?
  • Dream on (Score:4, Interesting)

    by guacamole ( 24270 ) on Saturday October 31, 2020 @05:04AM (#60668302)

    Should SpaceX ever reach Mars and establish a colony there while ignoring the interests of United States, his company will be forced to fall in line with Washington DC as soon as sanctions or regulatory burdens are placed on this company.

  • I guess that makes them a viable target for any country that happens to want to take what they create as they don't acknowledge international laws.
  • Same thing happened to Internet. At first it was some sort of free-for-all space, then money and corporations came in, and now it's being regulated at full speed. Mars (or anywhere else there's a colony) won't be different. If some powerful government decides it has authority over a tiny place, it will have authority.
    • Well, governments have been toppled.

      You got a certain agency that did half of those since WWII.

      And Rome itself fell too. To a bunch of "barbaric hordes".
      So about the state with said agency... Ald a certain Trumpet of Jericho... :D

  • Someone read Kim Stanley Robinson's Mars Trilogy.
  • I think that one have to build some facility on Mars, where new StarShips can be built, and only after make such a statements,

    Now, without self-sustaining town on Mars which can build its own interplanetary vehicles, SpaceX is just too vulnerable for nation-state attacks.

  • Let's see how long it lasts until everyone murders everyone. One week, or maybe all of two?

  • by Mr. Dollar Ton ( 5495648 ) on Saturday October 31, 2020 @06:31AM (#60668424)

    They have to get there first, and to get there first they must accept the law, or cannot fly. So, yeah.

  • Ideally, people participate in decisions that affect them. When government functions properly, which happens *if* citizens are smart and active, it is the voice of the people. What Elon Musk is demonstrating here is how privatization is a form of dictatorship, and it will end badly. To whom will he be accountable to? Why is it a good idea for any one person to have that much power?

    Let's differentiate between private property, and personal property - a distinction that doesn't get made often enough. Per

  • People are going to likely die and suffer health impacts in an effort to TRY to establish human on Mars. While the engineering challenge is doable, how comfortable and safe it can be for human long term is questionable. Beyond that it sounds like a giant pain in the ass to attempt to create a whole new justice system just for one tiny Mars colony. It's not as if these colonies will be large before multiple nations have established other colonies, but employing workers and running a corporation doesn't mean
  • Some time ago someone asked who owns the moon. I responded that the entity that owns the moon is the entity that has the will and military power to defend it. I was laughed down for suggesting there could be a significant military force in space. But I stand by that. That pattern hasn't changed for millennia. The people who make laws (not the person, no dictator acts alone) and enforce them will be the people with a monopoly on violence in their area whether it's the moon, mars, or an island on earth. If th
  • This may work for a little bit. Sooner or later the guy with the biggest gun will decide heâ(TM)s in charge. Which can only be changed by those on Mars rebelling against him.

    Earth entities, be it SpaceX or a government can only keep control by frequently rotating law enforcement back and forth to earth. And thatâ(TM)s just too slow and costly.

  • All hail Lord Elon, Eternal Fuhrer Of Muskomalia!

    sieg heil! sieg heil!

  • .. no Earth-based government has authority ...

    You got guns, Mr Musk? All the Earth-based authorities have guns. That's a nice " future colony" you got there. It'd be a shame for something to happen to it. And something will happen until Mars can sell metal ore to those gun-toting authorities, and the guns to make diplomacy necessary.

  • by burtosis ( 1124179 ) on Saturday October 31, 2020 @08:32AM (#60668570)
    It’s starting to look like The Expanse is actually a future documentary.
  • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Saturday October 31, 2020 @09:14AM (#60668630) Homepage Journal

    Didn't you read the Mars trilogy? You're supposed to declare independence after you get to Mars.

  • by account_deleted ( 4530225 ) on Saturday October 31, 2020 @10:24AM (#60668752)
    Comment removed based on user account deletion
  • by marcle ( 1575627 ) on Saturday October 31, 2020 @12:21PM (#60669072)

    Despite SpaceX's amazing achievements, they're still totally dependent on government and tax money, and the efforts of society in general. Did they build the roads, mine the methane, build the launch sites? Did they create the universities to train their engineers? They wouldn't even exist if it weren't for government contracts. And of course there are many more examples.
    Even if they're first to Mars (entirely possible), they'll be riding on the shoulders of others, as we all do. It's completely disingenuous to claim jurisdiction for themselves.

  • by Saffaya ( 702234 ) on Saturday October 31, 2020 @08:09PM (#60670282)

    To entertain the idea that anyone is going to build a Mars settlement before we are capable to do the same on the Moon is the height of folly.

    It is the equivalent of aiming to cross the Atlantic before being able to cross the Channel. It simply doesn't compute.

    Any professional still pretending to do that is only serving as a distraction, misguiding the pioneer aspirations of a part of the public into a cul-de-sac, a red herring.

"And remember: Evil will always prevail, because Good is dumb." -- Spaceballs

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