The President's Commission on Moon, Mars and Beyond says that lack of private property rights will strangle any nascent space industry in the cradle. I would agree that the lack of private property rights is further guaranteed since the signing of the 196 UN Outer Space Treaty.
Worry about that, Mars will take care of itself.
(It's 1967; no bad on the typo.) That is indeed a significant hurdle to overcome. Or is it? just how difficult is it to withdraw from a treaty? I think it could be as simple as saying "we withdraw from the treaty". (China did sign in 1983, I note.)
On the plus side, Congress did pass the Space Tourism Bill, which is a HUGE step forward. Small steps...