Broadcast 3147 Michael Listner

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The Space Foundation Conference

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Guest:  Michael Listner; Topics:  Space law & policy review & updates, space property rights, treaties vs. federal law, commercial space, Trump space policy.  Please direct all comments and questions regarding specific Space Show programs & guest(s) to the Space Show blog which is part of archived program on our website,  Comments and questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright and are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information. In addition, please remember that your Amazon purchases can help support The Space Show/OGLF. See   

We welcomed back Michael Listner for this two segment nearly two hour discussion on policy, space law, space property rights, treaties or alternative methods including the use of federal law, the National Space Council and much more.  We started our discussion by my asking Michael what has stood out regarding policy or space law since the first of the year. Michael then discussed at length our emerging national space policy, including SPD 1, SPD 2 and SPD 3.  Michael also talked about the National Space Council, actions and statements by Dr. Scott Pace and the overall commercial space industry support as expressed by the Trump Administration.

Other first segment topics included LOP-G, and the new NASA Administrator Bridenstine.  In addition, competing ideas to those of the administration included mention of the European Moon Village.  Michael talked in some detail about the Space Force idea plus the space force The  got more discussion later in the show.  Listeners asked him about our lunar return policy, assuming we actually have one, and possible delays to the lunar return via LOP-G.  Michael had some general comments about LOP-G but mostly suggested a wait and see attitude. Suborbital spaceflight was brought up by a listener as was a question about the administration preferring international partners or a go it alone domestic approach to policy.  The passing by the House of the new commercial space legislation was discussed as we were ending the first segment. Michael explained why he had problems with what the House was doing but said the Senate may change things.  We agreed to discuss senatorial options after our break.  This discussion touched on treaty law and other technical legal concepts such as strict scrutiny which Michael explained.

In the second segment, we resumed the discussion of what the senate might do with the passed house version of the commercial space legislation.  Michael also talked about treaty law and the OST and Article 6 regarding property rights and the idea put forth by Rand Simberg several weeks ago when he was on the show.  This was an important and comprehensive discussion about using federal law, trying to do things by treaty, and getting reciprocity from various foreign government regarding getting property rights via federal law rather than by new treaties. Michael explained the options and his preferred bottoms up approach to the treaty concept which was described at the top down approach.  Don't miss this important discussion which took place over the majority of the second segment. 

As the program was ending, Michael talked about his quarterly publication, The Precis which you can subscribe to from his website Space Policy and Law Solutions (  Michael also talked about a new book by UK space attorney Chris Newman, "Space Risks."  After the program ended, Michael sent me the links to some of the things he talked about on the show.  You will find these links posted on Michael's behalf on the blog.

Please post your comments/questions on TSS blog for this show.  You can reach Michael through me or his website address above.




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08 Jul 2018 Michael Listner
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