Can the “due regard” obligation in Article IX of the Outer Space Treaty (OST) be interpreted as giving legal priority to first movers in space, such as those initiating mining or scientific activities on the Moon or Mars? Could early entrants invoke “due regard” to block subsequent incompati...

AstroForge’s mission to explore platinum-group metals on an asteroid seven million miles from Earth obtained an FCC frequency license. With their spacecraft, Odin, scheduled to launch in early 2025 as a rideshare with Intuitive Machines’ second lunar lander, AstroForge aims to conduct ex...

The rapid progress in lunar exploration by both governments and private enterprises has sparked a “new Moon race.” Lunar missions will increasingly rely on satellites to support essential functions like communication, navigation, and reconnaissance. The establishment of permanent lunar settlemen...

The space industry—whose numbers are already substantial— has undeniable potential for further growth. However, because it no longer consists of only multibillion-dollar companies, the industry needs access to traditional financing. Venture capital alone is insufficient. This Article discusses s...

CYBERATTACKS ON LUNAR (AND OTHER NON-EARTH ORBITING) SATELLITES: LEGAL ISSUES The rapid expansion of the cislunar economy brings with it not only opportunities but also significant cyber threats. This paper explores the legal complexities surrounding the protection of non-Earth satellites, specifica...

The age of space resource utilization is approaching, and while some legal challenges exist, they are not insurmountable. A common misconception is that Article II of the Outer Space Treaty (OST) prevents the extraction of space resources. However, this provision bans the appropriation of celestial ...

Application of GDPR to activities on the Moon While the EU General Data Protection Regulation (“GDPR”)  was designed with Earth-based activities in mind, it does not explicitly exclude extraterrestrial activities. Let’s consider the basis for the application of the GDPR to activit...

Space is a critical industry in the geopolitical contest and the United States needs to remain on the forefront, considering that other world powers are proceeding rapidly in the use of space. While the space industry already receives significant support by the Government;[1] the Government could su...

Besides the natural unknowns of outer space, man-made hazards could hinder financing in the near future, i.e., orbital debris, which is increasing exponentially.[1] “Orbital debris, sometimes referred to as ‘space junk,’ is defined as human-made, non-functional objects – including fragme...

Evolution of the space industry A second “space race” has started and the private sector will be a protagonist. The numbers of the space industry are significant: it accounts globally for $360 billion in 2019;[1] in May 2021, 5,582 space-focused companies operated in the US and more than 10,000 ...

Uncertainty in the definition of “outer space” and “space object”: a problem for suborbital flights and other “New Space” activities? Uncertainty in the definition of “outer space” and “space object”: a problem for new space activities? As space companies plan more and mo...