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Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Sunday, February 21, 2016

Nuclear Devices in Space

Here is an essay that was written by one of the authors for a college course several months ago. We thought you might enjoy it though it might be better to just skim it. This paper was meant for an uninitiated audience.

Mars has long been a target of space colonization. This little planet is actually quite similar to Earth in many different ways. But in order for Mars to be a planet that is truly amenable to humans, that is, a place where people can go and walk in the Martian sun as one would on Earth, the planet has to be terraformed. Terraformation is the global engineering of a planet’s environment (Moss). In Mars’ case terraformation refers to the heating of the planet. Several methods for terraforming
Elon Musk with Stephen Colbert
Mars have been put forward. These ideas have included pumping greenhouse gases into the atmosphere or dropping asteroids on the planet. But the concept which is now receiving the most attention is one referenced by Elon Musk on the Late Show with Stephen Colbert. When Colbert asked what it would take to make Mars livable, Musk replied that “There are two ways, the fast way and the slow way.”(Colbert) The slow way was to use greenhouse gases to hasten global warming on Mars. The fast way was to drop thermonuclear weapons on the poles. It was the fast way which has received the attention.

In order for Mars to be the planet which humans leave Earth for, it will have to be terraformed. The use of nuclear weapons is one of the most practical methods of accomplishing the task. While technological challenges exist even with this approach, it will be the geopolitical and interplanetary ethics which will pose the greatest challenge to any type of Mars transformation.

Why is it that Musk believes that thermonuclear weapons would be ideal for terraforming Mars? The goal behind the plan is to create a runaway greenhouse effect on Mars. Mars is full of carbon dioxide. The tenuous atmosphere that exists there already is primarily carbon dioxide, and the poles are composed of frozen carbon dioxide, or dry ice. Detonation of nuclear weapons over the poles is expected to heat them enough to release huge amounts more CO2 into the atmosphere. Ideally, this initial release of CO2 would heat the planet enough that more CO2 would be melted, and from that warming more still, continuously until all the dry ice has been melted and ejected into the atmosphere. From there plants can be introduced to convert the CO2 into oxygen. Nuclear weapons are ideal to start this process because they are understood, powerful and compact. Other options for starting the process of CO2 release require huge infrastructures and technologies which have not yet been developed.

However, even though the plan is feasible technologically it is almost insurmountable politically. The current Outer Space Treaty which is signed by most nuclear powers of the world, and all space powers, states that no weapons of mass destruction will be placed in space (United Nations). Basically, the global UN treaty prohibits nuclear weapons in space. There is a possibility that the treaty can be amended to allow thermonuclear devices to be deployed for the peaceful purposes of terraforming Mars. After all, peaceful applications of thermonuclear devices in space have never been a large consideration. Also, conveniently the treaty does not apply to individuals or companies, and may become even less of a factor.

A bill up for vote in the U.S. senate is set to give companies control of extracted materials from asteroids, (Fecht) even though the UN treaty states that no country may control any resources in space. The U.S. bill will set a precedent for private organizations to make decisions about space utilization outside of international treaties. The bill will also allow for the United States to develop local legislation to allow private organizations to decide the fate of Mars. So essentially, the U.S. may not be internationally allowed to unilaterally claim parts of space or Mars, but it can provide the resources to a private company, not bound by the treaty to terraform Mars. This all operates under the assumption that the Space Act of 2015 is ratified by Congress. But it does present the possibility that Elon Musk could obtain the means to terraform Mars with nuclear devices as a peaceful utilization of the devices without forcing the U.S. to break its treaty.

If the humanitarian effort to terraform Mars with nukes was ratified by the UN, or enabled by U.S. legislation, there would be multiple primary objections to the possibility, both are based on safety. In order to get to space one must take a rocket. Rockets, the world over, only have a success rate of, at best, 96 percent (Lafleur). What would occur if a rocket carrying a nuclear device exploded upon launch (Jauregui)? Also what should occur if terrorists or hackers hijack the device and point it back towards Earth. These are the concerns of a nuclear device being launched.

The latter argument is inconceivable. Such a device would have higher than normal military security. It would not be as if it is a basic laptop to be hacked. If the nuclear arsenal of the US has not been breached then neither will a rocket to Mars be compromised.

So, regarding the issue of a failure. This is a legitimate concern. But what few people realize is that there have already been multiple nuclear payloads sent into space. The Curiosity rover uses a radioactive device to power itself which would have disintegrated should it have exploded at launch. There have also been multiple SNAP-10A fission reactors launched since the 60’s (Bennett). Thus far there have been no accidents. But the reality is that even if one of these nuclear devices were to explode in the rocket the danger of radioactive fallout would be minimal. A nuclear blast creates dangerous fallout because it is able to eject decaying plutonium in all directions very energetically and evenly. A rocket exploding is a firecracker in comparison. The reactor and its contents would fall out of the sky and into the ocean, not spread like a plume across a continent. Overall, the dangers of safety are arguments similar to saying that we might get hit by a car if we cross the street, so one should never cross a street. It would not be negligent to attempt to launch a nuclear cargo to Mars.

So, assuming that nuclear devices have been approved to go to Mars and detonate, the next argument for the opposition would be that of the ecological impacts such an act would have on Mars itself (Jauregui). These objections stem from the idea that humans do not fully understand Mars yet. Mars has been considered one of the prime locations in the solar system to find life or remnants of life. Mars is theorized to have once been very earthlike, warm and wet. These theories lend credence to the idea that there are either fossilized or living organisms to find on Mars (Johnson). But should humans go and start nuking the planet, they could obliterate evidence of that past Martian life, or possibly even that life itself if it still exists. This issue can be likened to endangerment and human caused extinction of animals on Earth. The trouble is on Earth there are other resources, other solutions to deforestation, on Mars those options are limited because terraformation is required to even open the door to those other possibilities. Mars must be terraformed in order to provide a human presence that is capable of fully understanding and studying the planet. This cannot be achieved with rovers, but it can with humans.

There exists the possibility that small colonies will be established before the planet is terraformed. The stations would conduct the science to prepare the planet for the terraformation and design the process. While performing these studies scientists would be able to conduct the final surveys for life. If found, the organisms can be protected from the terraformation process so that they can be fully studied. In this way the transformation of the planet will not eliminate any potential existing residents, and the scientific value of those organisms can be viably and organically retained.

Mars is generally touted as a second planet for humans, to ensure that if a life ending event occurs
on one planet the other will preserve the human race. Should initial preparation and study of the planet not be performed the terraformation should continue. It is not appropriate to put the protection of a hypothetical organism or fossil ahead of the actual dangers posed to the fully conscious and creating organisms that are human. Some would say that the dangers to Earth are of the same probability of getting hit by a car while crossing a street, which I presented previously, therefore why should Mars be colonized out of fear. To this let us be clear, if human protection was the only reason then there would be no interest in Mars. Humans can’t fight the urge of a donut even though it could kill them. The idea of a multi-planetary society extends far beyond survival as a benefit. These include solving problems such as population density, political oppression, and economic growth. A new planet allows humans to develop in ways that we have never seen since Europeans started coming over to the Americas. Mars is bare ground for people to create a new start. The colonization must occur for human progress to continue. That is indeed more valuable than a scientific curiosity which may or may not exist, and would still be able to be studied even after the terraformation. The development of the human race is also a hypothetical which is justified through the data of history and how expansion has improved quality of life but also scientific and economic ability to protect and understand environmental issues.

Elon Musk is a marketing genius. He often drops hints and ideas in order to improve visibility of projects he is working on. But he is also a proven achiever of lofty goals. He already operates several technology companies, one of which provides orbital rockets to service the International Space Station. When Elon Musk states that nuclear weapons are a viable method for preparing Mars for human colonization, it is generally a well substantiated belief and even future plan he is working on (Masunaga). Terraforming a planet with nuclear devices is a possibility (AOL.com), and though there are hypothetically-based concerns about it, none of them are legitimate enough to prohibit the plan. The primary issue with actually implementing it will be the fears of what may occur on Earth, either due to potential political backlash or a failure of the vehicle carrying the devices failing. It is possible that the political hurdles can be overcome and the other is a concern based on hyperbole. Nuclear devices can and should be used to prepare another planet for human development.


Bibliography
 Bennett, Gary. "Space Nuclear Power: Opening the Final Frontier." 4th International Energy Conversion Engineering Conference and Exhibit (IECEC) (2006). Print.

"Citation Machine Automatically Generates Citations in MLA, APA, Chicago, Turabian, and Harvard." Citation Machine: Format & Generate Citations รข€“ APA, MLA, & Chicago. Imagine Easy Solutions. Web. 25 Sept. 2015.

Colbert, Stephen. "Elon Musk Might Be A Super Villain." YouTube. YouTube, 10 Sept. 2015. Web. 17 Sept. 2015.

 Fecht, Sarah. "Is Space Mining Legal?" Popular Science. Popular Science, 23 Sept. 2015. Web. 25 Sept. 2015.

 Jauregui, Andres. "Sorry, Elon Musk: One Does Not Simply Nuke Mars Into Habitability." Huffington Post. Huffington Post, 11 Sept. 2015. Web. 25 Sept. 2015.

Johnson, Carolyn. "Ancient Lake on Mars Could Be a Prime Target in Search for Life - The Boston Globe." BostonGlobe.com. Boston Globe, 27 Mar. 2015. Web. 25 Sept. 2015.

 Lafleur, Claude. "Spacecraft Stats and Insights." The Space Review:. The Space Review, 5 Apr. 2010. Web. 25 Sept. 2015.

 Masunaga, Samantha. "What Scientists Say about Elon Musk's Idea to Nuke Mars." Los Angeles Times. Los Angeles Times, 11 Sept. 2015. Web. 25 Sept. 2015.

Moss, Shaun. "Terraforming Mars." Mars Papers (2006). Print.

"SNAP-10A." Wikipedia. Wikimedia Foundation. Web. 25 Sept. 2015.

"United Nations Office for Outer Space Affairs." Outer Space Treaty. United Nations Office of Space Affairs, 19 Dec. 1966. Web. 25 Sept. 2015.

 "Why Elon Musk's 'nuking Mars' Idea Isn't All That Far-fetched." AOL.com. 10 Sept. 2015. Web. 25 Sept. 2015.

Thursday, July 2, 2015

Seasteading as a Foundation for Space Law


There are several examples in history which can be used to avoid stumbling blocks in the current and coming space economy. Antarctica, America, etc. However, anything that has happened in history is now set in stone and cannot be experimented with only theorized upon. But space is an expensive place to go, experimentation, with technologies, and particularly law, in cheaper settings would be highly useful. Fortunately, there is a place that serves as a viable testing ground of space communities and how they will interact with Earth communities.

Over the last few years there has been a small movement for what is called seasteading. It it all predicated on the idea of creating what amounts to artificial floating cities or countries, on the earth's oceans. This movement is now lead, primarily, by the Seasteading Institute.

At the introduction of seasteading a book was written to outline challenges to seasteading, some technical others legal. Not surprisingly, many issues discussed in the book will be faced by space communities.

The seas are a legal fuzzy area. While after a certain distance there is technically no jurisdiction countries can still exercise authority for a number of reasons. There are dangers of pirates. Questions exist of whether a floating city can truly define its own laws and standards of conduct. How would an isolated community support itself financially or justify its construction? How does an artificial structure support the biological needs of its inhabitants. All of these issues, which apply to a community in the unclaimed, empty, shifting, blue void, also apply to a community in the unclaimed, empty, shifting black void.

While seasteading is an expensive and risky undertaking it is far less so than the creation of a space station. Movers in the space industry should consider this movement very seriously. Any world decisions made about free, privately-funded entities in international waters would likely be applied to free privately-funded entities in international space.

If such floating cities were created the space industry would be able to explore and even shape the political, social, and financial ramifications of space flight in as close a simulation as is possible. If technologies must be tested and proven so to should the sociological designs. Seasteading can provide this opportunity.

The creation of islands on earth can define how the islands in the sky will interact with the world they are leaving but still interacting with.



To read the book on seasteading visit The Seasteading Book

Saturday, August 30, 2014

Orbital Zoning


For nearly sixty years humans have been sending objects into orbit. Some are weather satellites, others digital TV, and some are just junk. Though there is a huge volume of orbital space above Earth to put satellites in, orbits are in fact filling up and and are largely uncontrolled. As the private space industry grows the need to zone and regulate orbits for particular uses and organizations will be increasingly necessary to create a safe and effective orbital airspace.

To clarify this concept let's look at a scenario. Imagine a company, such as Bigelow Aerospace, has constructed an orbital hotel. The station sits in an orbit several hundred miles above Earth. Now another company developing a space BattleBots show decided to set up shop in the same orbit. This is allowed because no one owns the orbit or can prohibit anyone else form using it. Unfortunately, the Spacebots end up smashing each other to pieces in the orbit, much to the enjoyment of Earth spectators. But now there is an increase of debris which could easily puncture the soft hull of the space station. While the Spacebots would be held accountable for the damage the entire problem could have been avoided if the space station was able to zone its orbit for only human occupation. This is a slightly silly circumstance but the point is clear.

The same type of situation is the reason that factories can't be built in residential areas here on Earth. Similar rules must be set up for space. It will not be possible for space to continually be treated as an international free area like Antarctica. People and organizations actually want to go to space and get something from it, in this case a location.

Orbits are real estate, just as on Earth. There are certain locations better suited for certain tasks and some that are filled with dangerous litter. But there are a lot of orbits above the earth. The 3-D nature of the Void allows for this, as well as the fact that everything in orbit is moving and can be coordinated.

So how does one go about defining property in a place where there are no boundaries but simply the "idea" of locations?

Well the simple place to begin would be with altitude. Space could be divided into more altitude layers. Within those altitudes one could then define particular orbits just as radio bands are defined on earth. Particular altitudes could be reserved for earth observation, others for communications satellites, and then the areas above the debris-filled orbits could be reserved for space stations.

Then within the altitudes particular orbital trajectories could be defined. A company would be able to purchase these trajectories and maintain its hardware within them . But this opens the question, from whom does one purchase an orbit, something which transcends any type of Earth boundary.

The likely solution would be to allow for homesteading of defined orbits. Organizations and Countries could agree to allow ownership of particular orbits through a system of placing improvements in them. Then once ownership of an orbit has been established, through the International Homesteading System, the orbits can be sold. This does require international cooperation but that is the case in many aspects of Space Law and a topic for another time.

Enforcement of homesteading boundaries will be an issue. How to keep vehicles in their space and ensure no one trespasses will initially fall to ground-based tracking and monitoring of payloads as they are launched. But eventually a Space Authority will have to be established to act as a "traffic cop" for Earth orbits. It would go around checking the authorizations of certain satellites to be in certain areas and perhaps "towing" them when they are not.

The issue of spy satellites will also be a problem. These craft are some of the best kept secrets in the world. Governments will not want to register spy satellites or even relegate them to particular altitudes. But as slowly as orbital space is filling this issue may resolve itself before it has to be addressed for private needs.

Space will eventually have to have a system of organization or regulation. Responsibility for space debris and sharing of orbits will become too large of issues to simply ignore. Orbits will become crowded and at that point everyone will want to know what is theirs, else the industry could become quite confrontational. This can't happen because it would be self-defeating to the development of a Space Economy.


Note: A particular example of where zoning of orbits would have been useful would have been in the Chinese Satellite Missile Test incident. Again, it is an issue of international relations but if the Space-Faring nations had collaborated to allocate weapons testing orbits, other nations and organizations could have avoided those areas and now not have to dodge debris.

Saturday, May 3, 2014

The Danger of E.T. to the Private Space Industry

Aliens are bad for business.

No, I don't mean that there will be little green men working to destroy us commercially. In fact, I mean something as basic as a single celled organism could bring the current space industry and prospects of settlement to a halt.

Let me paint a picture for you.

The single largest discovery that could both spark great interest in space but also bring colonization to a standstill would be the discovery of extraterrestrial life in our solar system. Or even the remains of such life.

This is where space colonization differs completely from all historical explorers. In the past, as colonists and explorers spread across the New World they contaminated it with their diseases and, in some ways, their cultures. It is known that the Americas were once home to millions that were never observed because they were destroyed by European plagues. The potential discoveries were destroyed before they could be discovered. This is what is feared may happen in space by space environmentalists.

Mars and Europa are among the primary targets for space life hunters. They both are expected to have significant enough amounts of water and friendly enough environments to have once or still harbor life. The problem is that these characteristics are also what make those locations prime colonization prospects. But what would happen if either fossils or living samples of life existed on one of those bodies. In our environmentally conscious world, they would be cordoned off as preserves. The E.T.’s would have to be kept separate from all other biological life so that it could not be contaminated by Earth life. This would require that no colony could exist any where near the discovery.
So if life were to be discovered on Mars it could stop all Mars exploration for close to fifty years. Because instead of sending missions to colonize and  then study, missions would be sent to study and then possibly colonize.  The danger of destroying or contaminating either the E.T. or ourselves would entice Earth governments to stop human transport.

Now, what is truly disturbing about this condition is that an E.T. could be discovered that originated on Earth. Right now there are numerous rovers on Mars. And even though they have been cooked and sterilized they still could have carried to the planet microbes that could survive if they were exposed to the right conditions. Now suppose that another rover came along behind one of those dirty rovers. And low and behold that rover finds microbial life  that the other rover "missed." But the new rover can not recognize it as an earth-based contamination. At this point, having found E.T. on Mars, the planet is locked down and only particular scientific missions are arranged. After about ten years a sample of the organism is brought back to Earth by robotic rover. By that point the microbes may have evolved enough to adapt to the Martian environment. While they will still appear similar to Earth bacteria, it will continually be questioned whether they could just have been seeded by an earth rock on Mars or vice-versa. And there would be no way to prove that the rover planted it. Because by that time, the bacteria could have spread across all of Mars.

Now Mars has life, of sorts, and the decision has to be made if we will allow Humans to colonize/continue to colonize the planet, and introduce all kinds of new biological systems, or simply keep it as a preserve in honor of the first place outside of Earth to contain life.

So basically, we may create the E.T. by delivering infested spacecraft, but then decide that it was indigenous to the planet and attempt to protect it by stopping future exploration. Not an ideal future for a new and growing industry.

While this scenario is fictional, it is still something that is incredibly possible. 

At the current rate of planetary bio-research it appears that many Mars launches and colonies will be established before any type of life is discovered, if ever. So, if perchance, the organism is legitimately alien, a human colony will most likely have to be one of the means of studying it. So instead of stopping colonization such discoveries may simply limit ideas of terraforming or expansion of colonies. It will really come down to a question of how much of the planet should be preserved or if it is even possible to. More or less it will be a system just like that of the United States with its parks and preserves.

As the industry grows detection and preservation of possible E.T. locations will have to be consciously considered. Something that was lacking in much past exploration of our globe. But all preservation will need to be conducted in a way that is beneficial it the people that are risking their lives and fortunes to open the gates of space. Preservation on Earth has led to the devastation of several industries where the protection was taken too far.

Now the fear of certain parts of space being restricted due to biological contaminations may not be an issue at all for several decades. Since many governments today are relatively Earth-bound there is no means for them to prohibit colonization except to prohibit Mars-bound launches. And if one country grounds launches to Mars another may not. So policing of bio-contamination would have to be a uni-world decision. Something that is unprecedented.

There is also the question of when a life form no longer becomes "from Earth." In the case of a false positive mentioned earlier, organisms that live on Mars for any period of time will evolve to match that environment. There will come a time when new species will have to classified that only exist on certain planets. New rules will have to be created to determine when a species that originated on Earth but now can only live on Mars requires special attention or protection.

Overall, the the possibility of bio-contamination is is much more of a legal hypothetical than a business opportunity, except that is for the burgeoning space-lawyer and legislator.

To see more visit this NASA page for the Office of Planetary Protection. It discusses means the organization uses to prevent forward contamination of planets with earth organisms.