12.08.2005
Property Panel: Recap
Space Property Rights Legal Panel, Dec. 6, 2005
"This Space Show program featured the first ever Space Property Rights Legal Panel with Wayne White, Rosanna Sattler, Jim Dunstan, and Berin Michael Szoka. The panel began this intensive and comprehensive space property rights discussion with a basic introduction to the issue of space property rights, focusing on the Outer Space Treaty along with the other U.N. treaties impacting and helping to create the existing property rights regime. This is an in-depth discussion you will not want to miss. The panel also fielded numerous listener questions concerning possible space law issues, from what we do if aliens claim asteroids, Titan, or Mars and don';t recognize our law (a most surprising answer followed from our panel members), to issues of suborbital international point to point space flight and domestic suborbital point to point space flight. Listeners also inquired about L1 regional space control as a property rights issue and much more. Issues about lunar resource discoveries were addressed, especially from the point of view what the U.S. might be obliged to share with the global community. This issues was addressed from both the perspective a government mission and a privately funded mission, including doing remote sensing and surveying from orbit by a private company. We also talked about space access and property rights as an entitlement with the government and the UN blocking people from this entitlement. The issue of the entire space property rights discussion being premature came up given the economic reality of our not being able to get to the Moon at this time, let alone leave Earth in an economic fashion. The premise of this question being put the property rights discussion on hold until its relevant. To conclude the panel discussion, each panel member made a summary statement and offered us a his or her view as to what needs to be done next to move the cause of space property rights forward. To facilitate questions and comments for the panel members, you are welcome to send any and all comments to me at drspace@thespaceshow.com. If you target a question or comment to a specific panel member, I will forward your email to that panel member. If you comment or question is not targeted to any one person, I will send it to all four panel members."
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About our guests...
Jim Dunstan
James E. Dunstan is a partner in the Washington, D.C. office of Garvey Schubert Barer, where he concentrates on issues of high technology, communications, and space law. Jim represents a significant number of burgeoning outer space companies: he drafted and negotiated the first commercial lease for the Russian Mir space station on behalf of MirCorp. He has drafted and helped negotiate contracts with several potential space tourists. Jim was a founding board member of LunaCorp and assisted in negotiating with the Russian Space Agency and NASA to shoot the first television commercial onboard the International Space Station (ISS). He helped arrange for the first pitch of the 2002 baseball World Series to be conducted onboard ISS. Mr. Dunstan has also been involved in export issues (ITAR) related to experimental hardware launched on Russian rockets. Not satisfied strictly practicing law (or maybe just suffering from a lingering bout of ADD), Jim has created a number of multimedia computer programs, including most of the coding for Return to the Moon and Mission: Planet Earth, as well as writing the motion code for the motion-platform based video arcade game, Lunar Defense. Jim worked with the Robotics Institute at Carnegie Mellon University in 1997 as the lead programmer in a project to demonstrate real-time remote "telepresence," by bringing back video and motion data from a robot in the Chilean desert and feeding it realtime into a motion platform system at the Carnegie Science Center in Pittsburgh. Jim has designed dozens of robots and user interfaces to allow non-scientists to interact with and control remote exploration vehicles.
Rosanna Sattler
Rosanna Sattler is a partner with the Boston law firm of Posternak Blankstein & Lund, LLP, and chair of the firm’s Space Law and Telecommunication Group, as well as its Environmental Group, with extensive knowledge about a range of emerging legal issues in the commercialization of outer space. In her 27-year career, Rosanna has earned a national reputation representing companies in high-profile commercial disputes, as well as in highly publicized environmental matters. She regularly provides consulting services to companies regarding compliance with federal and state regulations. She frequently represents clients before federal and state agencies. Rosanna has rendered legal services to the Space Frontier Foundation with respect to a NASA grant addressing the environmental impact of solar power satellites. She was a presenter at the International Space Business Council Law Forum at the National Press Club concerning orbital debris and the environment. Rosanna was a panelist on Space Property Rights at the Return to the Moon VI Conference, sponsored by the Space Frontier Foundation, in July 2005. She will also be a presenter at the International Lunar Conference, Toronto, Canada, in September 2005 on the topic of transporting a legal system from the Earth to the Moon. She is a member of the U.S. Chamber of Commerce, Space Enterprise Council, Charter member of the Board of Directors. American Bar Association, Forum on Air and Space Law, Space, Inc., Pro Space, Inc - Chair of the Board of Directors, Space Frontier Foundation Advocate, National Space Society, and Federation of American Scientists.
Berin M Szoka
Berin Michael Szoka is the Executive Director of the Institute for Space Law & Policy, a non-profit, public interest think tank dedicated to developing the legal and regulatory framework necessary to enable the development of space. He is a graduate of Duke University and Virginia Law and is admitted to practice in California. Before founding the Institute with Rick Tumlinson, Ed Hudgins, Jim Dunstan and others, he clerked for the Hon. H. Dale Cook, Senior U.S. District Judge for the Northern District of Oklahoma. He currently works at the telecommunications law boutique Lawler Metzger in Washington, DC, and has previously worked at Morrison & Foerster, the Institute for Justice and the Cato Institute.
Wayne White
Wayne White is an attorney and space law consultant. He practices law in Boulder Colorado. Mr. White graduated from Chapman University, received a Masters Degree in Business Administration from U.C. Riverside, and received his law degree from U.C. Davis. In 2003, Mr. White had the honor of representing the United States as a member of the U.S. delegation to the UN Committee on the Peaceful Uses of Outer Space, Legal Subcommittee. Mr. White previously served as Associate Director of the National Remote Sensing and Space Law Center at the University of Mississippi School of Law, practiced law near Denver Colorado for seven years, worked as a member of the General Counsel's office of the University of California, and was a real estate attorney for Winchell's Donut Houses Operating Company, L.P. He was a Director of the National Space Society from 2000 through 2004 and was Chair of the Society's International Space Development Conference in 2002. Mr. White is also a member of the International Institute of Space Law, the International Law Association, and the Space Frontier Society. Mr. White has written 11 published articles in the field of international outer space law.