Space Proximity Operation Issues Seen Having No Easy Fixes

Commercial space operators increasingly are interested in nuclear power sources in space, and it’s unclear how the FAA launch license process, which includes a payload review, will handle those cases, said space lawyer Franceska Schroeder Friday at University of Nebraska's annual space law conference in Washington. She said the National Space Council has said there will be more government focus on managing such issues from a payload and on-orbit operation perspective. Tackling the emerging threat of rendezvous and proximity operations (RPO) -- something deliberately coming close to commercial or military satellites for a prolonged period of time, often for purposes of espionage or intellectual property theft -- carries a variety of legal and technological hurdles, space national security experts said. Better space situational awareness is a must but won’t fix the problem, said Brian Weeden, Secure World Foundation program planning director. Norms are tough to define, and "keep-out zones" are difficult to protect, he said. Guardian satellites working as blockers are of limited use for many threats, he said. Under the Outer Space Treaty, there is no such thing as national appropriation in space, so claiming a zone falls within a gray area legally, said Lt. Col. Susan Trepczynski of the Air Force Operations and International Law Directorate. As space gets more congested, defining such zones becomes increasingly difficult, she said. Lt. Col. Seth Dilworth, Air Force deputy chief-space law, said the drawback with creating RPO norms is it handcuffs U.S. behavior when other nations that are engaged or likely to engage in RPOs aren't likely to take up those norms. Images taken in space of other things in space are rapidly becoming a commercially available product, Weeden said. He said NOAA's once-heavy restrictions on non-earth imaging are loosening notably more quickly than the agency's restrictions on earth remote viewing have.