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Legal Loophole May Pave Way For Private Ownership Of Outer Space

The Huffington Post  |  By Posted: 04/ 6/2012 5:28 pm Updated: 04/ 6/2012 5:28 pm

Legalloopholemaypavewayforprivateownershipofouters
Astronaut Dale A. Gardner In 1984

Got an extra couple of billion dollars lying around? Need a hot investment tip? To the moon, Alice!

A shift in policy could open up the moon and other celestial bodies to ownership by private companies. Rand Simberg, a space policy consultant, laid out his proposal, called the Space Settlement Prize Act in a paper published April 2 by the libertarian think tank The Competitive Enterprise Institute, according to a report by Wired.

In order for the large-scale colonization of space to move forward, governments such as the U.S. would provide "property rights for those who seek to develop space resources and infrastructure," the draft act states. The proposal places the onus of space exploration on private enterprise rather than taxpayer contributions and, if passed, would signal a radical change in the way we think about outer space.

The 1967 Outer Space Treaty prohibits sovereign nations from owning a celestial body -- such as a planet or asteroid -- and has been ratified by 100 countries, including the United States. But the treaty does not explicitly prohibit ownership of space resources by private enterprises. This is the loophole that Simberg's plan would seek to use, and he plans to shop it around on Capitol Hill, according to Popular Science.

“It would have great potential to kick the development of extraterrestrial resources -- and perhaps even the human settlement of space -- into high gear,” Simberg wrote in the summary of the proposal.

But space attorney Michael Listner maintains that sidestepping the treaty and granting extraterrestrial property rights could provoke political backlash.

"The government would take a hit. It’s sort of a nonstarter," Listner told Wired.

Simberg's plan comes at a time when the U.S. government has made dramatic cuts to its space program. The last space shuttle mission was completed in July 2011. Additionally, a future series of manned deep-space exploration missions, the Constellation program, was cancelled in June 2011. These developments have brought economic hard times on the residents of Brevard County, Fla., as reported by "60 Minutes."

While there is some private interest in space exploration -- Richard Branson's Virgin Galactic enterprise is probably the most familiar name in commercial sub-orbital flight -- there is no clear heir to the large void created by the absence of government-led programs.

In the spirit of American expansion into the old west, Simberg's proposal banks on the assumption that issuing property rights to space resources will create a kind of gold rush that would bring the national economy along for the ride. But with no one to build the wagons -- let alone drive them -- the trail ends where it starts. As yet, there's no destiny to manifest on the final frontier.

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01:00 PM on 04/16/2012
See you next time space cowboy.
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chaya
Another proud veteran
11:14 PM on 04/13/2012
"Rand Simberg, a space policy consultant..." AKA "another greedy idiot."
10:58 PM on 04/12/2012
What a great idea. So when China claims to own the rights to mine the moon's resources, will we now have a space war over those non-renewable resources as well?
08:23 PM on 04/12/2012
Like a donut, if you lick it, it's yours.
HUFFPOST SUPER USER
Tony060460
07:23 PM on 04/11/2012
FOR SALE:
03:30 PM on 04/11/2012
Humans are the only sentient species we are aware of in this solar system. That makes this solar system human's solar system.

Unless you can prove this solar system is in an alien species territory and they own this solar system.

Until you can prove the later, the solar system belongs to humanity.
04:07 AM on 04/11/2012
We've screwed up the Earth ... why compound the mistake by screwing up space ... ? Space should be for governments only ... corporate plunderers ... KEEP OUT!
03:34 PM on 04/11/2012
I take it you do not consume one single solitary piece of property that those corporate plunderers are selling each day.

I mean come on, you either support those plunderes and buy their products and service, ( like an internet service provider sells access to the internet)

So we know you are a supporter of plunderers.

If soil is going to be plundered, is it better to plunder soil 230,000 miles away from earth on a dead rock... or is it better from humanity to plunder it's own nest.
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rikster
buy the ticket-take the ride
09:54 AM on 04/10/2012
anyone buying peoples thoughts....?
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HUFFPOST SUPER USER
mario andretti
I can't drive 55.
03:54 PM on 04/09/2012
I have no interest in Uranus.
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Marian Bailey
screamin demon
04:31 PM on 04/09/2012
Peeeww!
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edenooch
nefarious humor
11:02 AM on 04/09/2012
Corporations already own the govt they might as well own a celestial object
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coffeeparty
07:56 AM on 04/09/2012
I hereby claim Mars moon Phobos as my sole property. I plan to open a deli there.
Best interplanetary sandwiches in the solar system.
01:46 AM on 04/09/2012
Guns buy properties, not treaties. Treaties are the napkins and butt wipes after the feast.
01:02 AM on 04/09/2012
Too late. The United States planted its flag there in 1969. The moon belongs to us. Suck it, the rest of the world.
01:44 AM on 04/09/2012
Are you sure about that? All evidence indicates the flag was planted on earth to energize the people against the Russians. :)
10:33 AM on 04/09/2012
The flag belongs to the U.S., but the Sea of Tranquility does not. The OST stipulates that objects in space transported intentionally from Earth belong to whomever last owned them on Earth, and that these owners may reserve the right to deny access to or use of their objects in space.

So it would be a crime to disturb the Apollo hardware remaining on the moon without the consent of the U.S. federal government. But anyone may explore, utilize, or otherwise enjoy access to the moon without concern for territorial property rights.
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WorkhelpWorkhelp
Control your money locally. Charter banks now.
02:52 AM on 04/10/2012
Screw them. If I get up there I'm taking that buggy for a joy ride.
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Peter Combs
Amused by the illogical..no, NOT a Republican
11:37 PM on 04/08/2012
If EInstein was right...you could buy a black hole! and come back in 1980 and buy some apple stock...
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Davidc Smith
Montani Sempre Liberi
11:18 PM on 04/08/2012
Wasn''t it Canute that nearly drowned trying to command the tides not to rise....Seems like a simular situation to me. Lets sell mining rights on the moon? Sounds alot like let me sell you a big steel bridge across the New River!!! The words fraud and scam come to mind....so let me know how it turns out when they get there.