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Eilene M. Galloway Symposium on Critical Issues in Space Law – Panel IV: Views of Legal Practitioners

This year’s Galloway Symposium is being held under Chatham House Rules, so blog posts will only give general overviews of the content.

The fourth panel was titled Views of Legal Practitioners. It was moderated by Franceska Schroeder, Principal, Fish & Richardson P.C. Panelists included:

• Courtney Graham, Associate General Counsel, Commercial & Intellectual
Property, NASA HQ
• Laura Montgomery, Manager, Space Law Branch, Office of the Chief Counsel,
Federal Aviation Administration
• Lisa Savitt, Counsel, Crowell & Moring, LLP

This panel focused on the role of practitioners in enabling clients to develop and deploy disruptive technologies. They emphasized the need to use creative legal tools to navigate a regulatory regime that is often static in relation to the technologies involved. This panel addressed ITAR, intellectual property regimes, and the development of new rules to address new technologies.

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Eilene M. Galloway Symposium on Critical Issues in Space Law – Panel III: Initiatives of and Consequences for Established Industries

This year’s Galloway Symposium is being held under Chatham House Rules, so blog posts will only give general overviews of the content.

The third panel was titled Initiatives of and Consequences for Established Industries. It was moderated by Mr. Clayton Mowry, President, Arianespace, Inc. Panlists included:

• Sean P. Fleming, Senior Counsel, International and Trade Compliance, Hughes Network Systems
• Joe Uglialoro, General Counsel & Secretary, Intelsat General
• Gerry Oberst, Sr. V.P., Global Regulatory and Government Strategy, SES

The third pane discussed the role of established industry actors and their ability to introduce disruptive technologies and the opportunities and challenges that law presents for these industry actors. The panel focused on the satellite telecommunications industry, which panelists argued is an established industry that is working to develop new technologies to better use the electromagnetic spectrum. There was an emphasis on the need of the industry to adapt to changes in the way that people consume media. Additionally, the panel noted that as technology advanced there were often incongruities that occur as technology outpaces regulations.

Eilene M. Galloway Symposium on Critical Issues in Space Law – Panel I: Disruptive Industry Initiatives

This year’s Galloway Symposium is being held under Chatham House Rules, so blog posts will only give general overviews of the content.

The first panel of the day was on Disruptive Industry Initiatives. It was moderated by Dr. Michael Mineiro, Research Staff Member, Science and Technology Policy Institute. The panelists included:

• Vern Fotheringham, CEO, Kymeta Corporation
• Peter Marquez, V.P. Global Engagement, Planetary Resources
• Mike Gold, General Counsel, Bigelow Aerospace
• Caryn Schenewerk, Counsel and Director, SPACEX

This panel discussed the range of new technologies that are causing changes within the space industry. These technologies include telecommunications technologies, space exploration and mining, space habitations, and emerging launch technologies. Each panelist emphasized the role that their company played in advancing space technology as well as benefits of space technology for society at large. They also emphasized the role of law in both enabling their respective companies to gain entry to the space technology market and in creating challenges for access to the market (such as ITAR).

Eilene M. Galloway Symposium on Critical Issues in Space Law – Opening and Keynote

  The annual Eilene M. Galloway Symposium on Critical Issues in Space Law is being held in the Cosmos Club in Washington, D.C. This years theme is Disruptive (Game Changing) Space Technologies, Laws and Policies . The symposium is being hosted by the International Institute of Space Law with sponsorship by Arianespace Inc., Fish & Richardson P.C., and Kymeta Corporation, and the cooperation of the University of Mississippi School of Law, LL.M. in Air & Space Law.
  
As a note, the symposium is being conducted under Chatham House Rules, so the live blog today will give general over views of the panels but will not attribute any statement to any speaker.

Welcoming statements were given by Dennis Burnett, Treasurer and Director, International Institute of Space Law, and a message from Jonathan Galloway, Honorary Director, International Institute of Space Law was presented by Joanne Irene Gabrynowicz.
  
The keynote address was given by Richard DalBello, Assistant Director, Space and Aeronautics, Office of Science and Technology Policy, the Office of the President. He focused generally on the nature of innovative startups, and their ability to disrupt the status quo in the development of space technology. He emphasized that law plays an important role in fostering this change, and that lawyers are critical in developing and using creative mechanisms in order to foster change and development in the Space industry.

ABA – Space Law: Current an Future Issues – International Telecommunications Controls: Space Traffic Management

The fifth panel of the day was titled International Telecommunications Controls: Space Traffic Management. It was chaired by Del Smith and included Pamela Meredith, Joseph Pelton, and Patrick Rayerman.

Meredith’s comments were centered on issues of regulation of suborbital flights. She discussed specifically the difference between aircraft and suborbital spacecraft regulations.

Pelton focused his comments on the variety of technologies that sit in nebulous regulatory regimes, such as high altitude platforms. He argued that the “protozone” (21KM-100KM) was an area where there was great potential for development of commercial activities. He noted that there are a number of international issues that are triggered by near space technologies and suborbital technologies, but there was a lack of regulatory framework. He advocated for the development of the law through commercial standards

Rayermann discussed how law developed before the technology developed. He stated that the result is that the law has not been able to develop to meet the needs of the current technology. He then noted that the were still numerous questions as to the commercial uses of space beyond the example of telecommunications satellites. He stated that since technology was in its nascent stages, it is reasonable to think that law is n its nascent stages as well.

ABA – Space Law: Current an Future Issues – International Space Practitioners’ Panel

The fourth panel of the ABA Forum on Air & Space Law’s space symposium was the International Space Practitioners’ Panel. It was chaired by Dara Panahy and included Rolf Olofsson, Lucien Rapp, Jim Muncy, an Ken Hodgkins.

Olofsson started the panel with remarks on telecommunications satellites and the ITU regime that governs these satellites. His discussion also covered national licensing schemes and gave comparisons of how a variety of countries govern their satellite providers. Broadly he covered all the legal hurdles that a new satellite operator must go through in order to launch and operate a satellite.

Rapp’s comments began by stating that practitioners rarely use the Outer Space Treaty. He then moved to a discussion of practicing space law from the European perspective. He discussed how space law is developed in Europe, discussing national laws as well as the E.U. processes.

Jim Muncy discussed the international legal issues involved with human space flight. He stated that while there are national regimes governing human space flight, there is no international regime. He compared this to the early days of aviation law and stated that it was forty years from the Wright Brothers to the Warsaw Conventions. He finished by giving an overview of the variety of regimes that are being proposed to regulate human space flight.

Hodgkins covered the challenges of implementing the Outer pace Treaty and ensuring U.S. compliance. He stated that the treaties were unique in that they acknowledged that everyone has a stake in space exploration and that the implementation of the space treaties is entirely state based. He stated that this creates challenges due to the fact that space activities are increasingly multinational ventures. He stated that multinational projects created issues with registration, liability, and licensing.

ABA Space Law: Current and Future Issues – Morning Sessions

Today the ABA Forum on Air and Space Law’s event Space Law: Current and Future Issues is being held at Jones Day in Washington, D.C.

The morning kicked off with a keynote speech by Rep. Steven Palazzo. He covered issues that face Congress in the regulation of space activities. He focused primarily on commercial space activities and the future challenges that these activities present for the legislative branch.

The first panel of the day was on Recent Developments in Space Law, Challenges, Changes, or the Same Old Thing?. It consisted on Prof. Joanne Irene Gabrynowicz and P.J. Blount. Gabrynowicz covered the variety of space activity related laws being promulgated in individual states of the United States, and she briefly discussed property rights in space. Blount covered the Proposed ITAR rule changes and how space works in the current “pivot to Asia” in U.S. Foreign policy.

The next panel was titled Managing Space Launch Risks. It was moderated by Franceska Schroeder and included Laura Montgomery, Clayton Mowry, and Michael Woods. This panel consisted of an in-depth discussion of insurance and indemnity regimes for launch providers, on orbit operators, and human space flight. Of particular note was a discussion in which the U.S. regime was compared to the French regime. The panel also addressed the status of astronauts on commercial space flights.

The third panel was titled Disruption in Space and Telecommunications. It was chaired by Elizabeth Evans and included Stefan Lopatkiewicz, Brian Weimer, and Michael Woods. This panel first discussed issues of satellite jamming and how international law and the ITU has responded to the problems of satellite jamming. It then discussed issues related to cell phone disruption both by commercial entities and by government entities and the lack of clarity in the applicable law.

ABA Forum on Air and Space Law: Legislative Update Conference – Managing Launch Risks: A Comparative Look

The next panel of the day was titled Managing Launch Risks: A Comparative Look and included:

Moderator: Franceska Schroeder, Principal, Fish and Richardson
Panelists: Patricia Hynes, Director, New Mexico Space Grant Consortium; Laura Montgomery, Senior Attorney for Commercial Space Transportation, FAA; Clay Mowry, President Arianespace, Inc.; Tom Tshudy, Vice President and General Counsel, International Launch Services, Inc.

Key points:
– Montgomery – FAA’s role is to manage safety and financial risks; Safety: safety of the public and people on board spacecraft as of 2015; financial front: insurance, waivers of liability, and indemnification for launch providers up to a point; this is calculated by using maximum probable loss to determine the amount of insurance a launch service should buy; FAA also allows for cross waivers of liability between launch service provider, customers (these are payload operators not space flight participants), and the government; there is a reason for the distinction between space flight participants and passengers, participants are taking on risk; moratorium on regulation of SFP ends in 2015; no cross waiver between SFP and launch operators (this is different from the non-human space flight operators); state legislation does a variety of things

– Mowry: Arianespace is a French company that is a launch service provider that answers to CNES as France is the launching state; CNES was formed under French law which governs launch insurance and indemnification; safety is taken very seriously at launch site; claims up to about €60 million receive indemnification from France and that provision has no sunset provision as does the US law; insurance: responsibility for payload begins when launch system begins to leave the launch pad and lasts until payload is let go in orbit, during launch phase there is launch insurance to cover a catastrophic event; payload operators can get this insurance on the market or can wrap it into launch contract; continuation of US indemnification is important to all launch providers as it helps to stabilize the insurance market; Soyuz is being flown out of French Guiana, but the ones that are being launched out of French Guiana are not set up to launch humans and would require modification; human space flight is well in the future for Arianespace

-Tshudy: ILS sells launches on the Russian Proton rocket out of Kazakhstan; need to make launches affordable and the liability regime that governments support is key in making this work; third party liability insurance also helps to reduce risk as well as cross waivers of liability; ILS not pursuing human space flight; US system of indemnification with one year extensions makes it difficult for launch service providers to plan

– Hynes: commercial space transportation community is a growth community; industry is moving to a consumer space industry; new platforms take lots of time to develop and includes risk as well as reward; above airspace is opportunity; space is a new transportation that is evolving with a bevy of legal issues that create opportunities for lawyers; New Mexico informed consent regulation: extends down to manufacturer of vehicle, requires providers to show certificate of insurance, sunsets in 2021; informed consent law is very important in keeping anchor tenant, Virgin Galactic, at Spaceport America

ABA Forum on Air and Space Law: Legislative Update Meeting – Key Legislative Issues for the Aviation Community – Will 2013 be any Different?

The second panel of the day was titled Key Legislative Issues for the Aviation Community – Will 2013 be any Different?. This panel included:
Moderators: Paul Doerrer, Principle, the Doerer Group / Jeff Sural, Counsel, Alston and Bird
Panelists: Holly Woodruff Lyons, House Transport/Aviation Subcommittee (R); Rich Swayze, Senate Commerce/ Aviation Subcommittee (D); Bailey Edwards, Senate Commerce/ Aviation Subcommittee (R)

Key points made by the panelists included:
– Priorities: FAA reauthorization Act, Boeing 787, safety oversight, Nextgen, small community air services
– Sequestration: means cuts and cuts are hard; FAA needs to be creative and move costs so as to not effect employment costs and avoid furloughs; concerns on how it is going to affect Nextgen going forward; information has not been forthcoming from the administration on how sequestration is going to affect aviation
-Sequestration and contracts: legal ramifications of cutting costs in contracting are unclear
– last year’s reauthorization bill: FAA has made a lot of progress in meeting rule making deadlines from Reauthorization Act and other bills, but there has been lack of progress in other ares such as UAS; while there has been slow movement in some areas those are generally not in priority areas, but they were ambitious deadlines and in general the bill has been a great success.
– Nextgen: committees role is to create good healthy oversights; growing frustration in Congress that funding is there but that FAA has not yet completed the task; but don’t forget that some progress has been made; IG has said that the FAA has had a hard time making the policy decisions to push the technology forward; there needs to be a person in charge of Nextgen, but that no one has been placed in that post; equipage issue – costs are supposed to be recouped by the savings, several policy solutions being looked at to encourage equipage
– Safety issues and Boeing 787: there has been a lot of mischaracterization of the certification process and FAA needs to be better at educating the public; it is not a self certification process; the 787 was new technology; the process itself is not the problem, but improvements can be made; the process is being streamlined and the 787 will be information that is used in this process
– Airports: issues with collecting the PFC; view is that it is a local fee and that burden can be shifted off the airlines
– UAS: privacy was never mentioned during the legislative process so everyone was surprised when it became an issue; because FAA has the mandate on UAS they have to deal with UAS; FAA has privacy policy for the test ranges and privacy impacts at those ranges will be important data; FAA will be looking at the technical issues of safe integration into national airspace
– US Airways and American merger: committee interest in making sure that consumers are protected in the process; ensure that competition is preserved; there is a process that the merger must go through that will give it full review; impact on local communities will be important

ABA Forum on Air and Space Law: Legislative Update Meeting – Opening Remarks

Res Communis is blogging from the ABA Forum on Air and Space Law’s Update Conference in Washington, D.C. today. Michael Huerta, Administrator of the Federal Aviation Administration, gave the opening keynote speech. His key points were:

– Goal is to improve safety by leveraging technology. Last year’s reauthorization was key to this.
– Sequestration is looming and creates a challenge as the FAA as it must cut $627 million under the terms of sequestration; furloughs and other cost saving measures are being considered, but this will cause delays in major cities that will ripple across the country; several smaller airports might be forced to close. No new projects.
– currently no FY13 budget as of yet
– safety is the number one goal. Boeing 787: working around the clock to review and work on the battery issues. It will not be allowed to return to service until it can be flown safely
– FAA is finalizing rules on pilot rest, hours flown, and training for flight crews.
– new technology: working to integrate UAS into domestic airspace. New test sites be used to to collect data and taking comments from public to address privacy concerns and site operators will be required to respect right to privacy.
– commercial space launches: also working to integrate these into the national airspace. Partnership with NASA: FAA public safety; NASA flight crew safety.
– Aviation is the nations largest export industry.
– legal aspects in everything that the FAA does.
– air and space lawyers need to work collaboratively and creatively to take safety to the next level.