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5 Big Questions Over SpaceX Declaring Martian Independence
The Federalist ^ | October 31, 2020 | Jonah Gottschalk

Posted on 10/31/2020 10:24:49 AM PDT by Kaslin

From communists on Mars to 'The Expanse' in real life, the questions about the future of Musk's Mars are huge. Here's what you need to know.


Martian 1776 has arrived, according to SpaceX. In a set of recently released documents, the company announced it has no intention of following laws from any government on Earth once it reaches Mars.

“For services provided on Mars, or in transit to Mars via Starship or other colonization spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities,” the document reads, which was included in the Terms of Service of its ambitious Starlink project. “Accordingly, disputes will be settled through self-governing principles, established in good faith, at the time of Martian settlement.”

If this all sounds a little preemptive, that’s because it is. This particular document was almost certainly put out to gain attention for the company’s (and Musk’s) dream of creating a “The Expanse”-style self-sustaining Mars. And SpaceX is yet to deliver a single spacecraft to the Red Planet, forget a functioning colony.

That being said: Preemptive as Musk’s Martian Declaration might be, the idea opens a Pandora’s Box of unanswered questions about the ownership of the solar system. The topics range from the potential for interplanetary empires, the question of Martian patriots, and the risk of communists in space — and all of them merit a good look. Here are just five of them.

1. SpaceX Has a Head Start on Every Single Government

NASA will almost certainly be the first government space agency to reach Mars. It will arrive around 15 years after SpaceX does.

Elon’s company has its Mars rocket, the Starship, prepared to be operating in 2021, launching cargo missions to Mars by 2024, and sending a manned mission in 2026. Even if the company is knocked a catastrophic 10 years behind schedule, it’ll still beat all other national space agencies to Mars handily, according to the government’s own estimates, which place a likely landing sometime in the 2040s.

The question, then, becomes what private industry will do with this head start.

While any colony would be reliant on supplies and support from back on Earth for a long time, whoever arrives first would get to create their own “facts on the ground.” Governments hoping to do work on the planet will be placed in a position of dependence. Every aspect of their projects would be shaped by the company’s choices, from transportation to colony rules. And if the company is promoting ideas of home rule to its workers (who will likely make up most of the colony’s population) and the world, it could push the colony in a definitively pro-independence direction, at least in the long term.

2. According to International Law, Martian Independence Is Perfectly Legal

If Elon Musk wanted to take his rockets to Mars, establish a city, and declare it an independent nation, it would be completely legal. Right now, space exploration is governed by a loose handful of international agreements setting up basic rules on how countries should act in space. And these basic rules say nothing about how land and resources on the other planets can be used. They also completely fail to cover what private companies can and cannot do outside the Blue Dot.

Space law has barely been updated in the last 40 years, while everything in the space industry has changed. It took global fixation and ten years of negotiations for the United Nations to agree on a bare outline of an agreement regarding the moon in the 1970s; there’s every reason to think that Mars is still going to be the Wild West when Musk arrives.

3. In Defense of Interplanetary Empires

There are many reasons, however, to think that the United States is not going to let its Martian investments ride solo.

While SpaceX is a private company through and through, its current business model is dependent on government contracts and cash. Worthwhile as this investment may have been, this support sure isn’t going to be forgotten once Mars is reached. And there’s no reason to think the United States is going to hand off its say in the future of interplanetary settlements to a republic of a few hundred colonists, as Musk envisions.

The question is how these two interests — an independence-minded billionaire and his colony, and a country whose interests lay solidly in the non-independence camp — will play out will be a critical question of the 21st century.

The United States might follow the East India Company model, letting private industry fuel expansion, until it grows large enough that it merits American territorial status. It might also declare strict control of the Mars missions from the beginning, relegating Musk’s dreams of independence to a distant future. As dependent as the company is on American funding, there’s not much SpaceX could actually do to stop it. In either case, bid welcome to our 51st state.

Alternatively, the United States also could wait too long. If the colony is well enough entrenched, and independence-minded from the causes above, actually preventing a declaration of self-government could be hard to stop. In that case, we could end up seeing a Martian Congressional Republic in the Expanse flavor.

All of these outcomes, of course, are only taking the United States into consideration.

4. Communists in Space

And the United States, sadly, is not the only world power with a say on the future of mankind. Some, namely Europe and other Western-allied states, may become enthusiastic about the idea of private scientific colonies on Mars. China, with its dreams of world power status, will not be one of them.

The regime can be fully expected to recognize the advantages an American-dominated outer space would bring in the long term and fight this tooth and nail. We can expect over the next 30 years to see competing Chinese enterprises trying to close this strategic gap at the behest of the Chinese Communist Party.

If this fails, China may use its considerable sway over the United Nations and other international bodies to try and force an internationalization of America’s Martian colonies. This could happen regardless of whether they are private or government. Whether the United States goes along with this will depend much on the administration in office.

5. The First Trillionaires

Whoever controls Mars — be it America, China, the UN, or Musk — will hold an extraordinary say over the future of outer space. History has no shortage of examples showing that timing matters.

Whoever develops the technology needed to create a settlement on Mars is most likely to create a network of human colonies across the solar system. And whoever works this out will, more likely than not, be the first to bring the unimaginable wealth of the neighborhood’s natural resources home, and decide what happens to it.

What is a scientific curiosity and a comical tab in a terms of service agreement today will ultimately determine our future, both as a country and a species. There is a huge future ahead of us. And it helps, especially now of all times, to keep that in mind.


TOPICS: Culture/Society; Editorial
KEYWORDS: elonmusk; falcon9; falconheavy; mars; space; spacerace; spacex
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To: buckalfa

Too much la la leaf.


41 posted on 10/31/2020 11:25:59 AM PDT by attiladhun2
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To: Kaslin

I think there was an international treaty signed by even the then-USSR that declared space open for all.

Space-X can declare themselves autonomous on Mars but as long as they have assets on Earth their claim will be rejected. Unless and until they move all their operations to AND get their resources from Mars this “declaration” is just a publicity stunt.


42 posted on 10/31/2020 11:27:45 AM PDT by freedumb2003 ("Do not mistake activity for achievement." - John Wooden)
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To: Leaning Right
So SpaceX has declared Martian independence. Well, that’s nice. Paraphrasing Stalin, how many divisions has SpaceX?

Given that a likely scenario is that SpaceX is the only organization that can actually reach Mars, how will these government enforce their laws?

Well, of course they will nationalize SpaceX and seize all their assets. Very communist of them but if that's what it will take to stop capitalism in space, so be it.

43 posted on 10/31/2020 11:32:09 AM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: Reily

Settlers living on Mars will need to be in sealed caves or underground shelters for cosmic ray protection. Sufficient power for oxygen generation from water or CO2, lighting, hydroponics, etc., can be made available with sealed nuclear reactors.

Those who live on Mars for an extended period will likely not be able to return to the heavier gravity of Earth.


44 posted on 10/31/2020 11:35:08 AM PDT by Carl Vehse
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To: PIF

True enough. But such a move would likely devastate earth, not just one continent. Unless they specifically chose one of a certain size and composition that it would just crater a few square miles. But the fallout zone would still be incredibly deadly. And Mars would have to be prepared to live on its own if they chose to war with Earth. It would be many centuries before this would be even conceivable, I figure. And by then, we may have ability to blow up asteroids before the enter the atmosphere.


45 posted on 10/31/2020 11:35:08 AM PDT by monkeyshine (live and let live is dead)
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To: buckalfa
Elon Musk has gone Crazy Eddie!

Excellent! How many other Freepers have read The Mote in God's Eye?

46 posted on 10/31/2020 11:35:42 AM PDT by Lysandru (Fnord)
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To: Billthedrill

She’s an idiot, but we all know that, don’t we?


47 posted on 10/31/2020 11:40:35 AM PDT by Kaslin
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To: Lazamataz

Wyoh Knott!


48 posted on 10/31/2020 11:43:17 AM PDT by higgmeister ( In the Shadow of The Big Chicken)
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To: Paladin2; PIF

Yeah, other than the research angle, I figure Mars will serve as both a mining camp as well as hub for further exploration. As PIF said it takes a lot less energy to launch from Mars than from Earth. But ultimately it is all about commerce and commodities that are of value to earthlings - at least until Mars can be a self-sustaining ecosystem. They would have to figure out a way to create an atmosphere which is no simple task at all if it is even possible, and doing that would make it more resource intensive to use Mars as a hub. Most likely people on Mars would live in sealed environments. They will mine Mars, and use Mars as an intermediate stop as they explore and mine asteroids and, potentially, more distant planets. Probably not a lot of people, instead, robotic automated equipment to mine the planet and the asteroids and send them back to Mars or Earth. We’ll all either be long gone or have our consciousness uploaded into a CPU by the time any of this happens so while it is closer than ever, it’s still all SciFi speculation for now.


49 posted on 10/31/2020 11:44:38 AM PDT by monkeyshine (live and let live is dead)
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To: freedumb2003
...this “declaration” is just a publicity stunt.

"Or so the Germans would have us believe."

50 posted on 10/31/2020 11:45:47 AM PDT by higgmeister ( In the Shadow of The Big Chicken)
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To: Carl Vehse
The decision on Mars will be made decades or centuries from now when different groups of Martian settlers will determine the question, peacefully or otherwise.

Most likely you are correct. With regard to Mars and other planets, we will have an exploration phase. Modern versions of Leif Ericson; Christopher Columbus; Ferdinand Magellan, etc.

After that, the serious settlers will come in and make all the rules.

51 posted on 10/31/2020 11:49:01 AM PDT by SamAdams76 (Orange Man GOOD!)
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To: Carl Vehse
Settlers living on Mars will need to be in sealed caves or underground shelters for cosmic ray protection. Sufficient power for oxygen generation from water or CO2, lighting, hydroponics, etc., can be made available with sealed nuclear reactors.

It sounds like the mineshafts from Dr. Stranglove.

Turgidson: Doctor, you mentioned the ratio of ten women to each man. Now, wouldn't that necessitate the abandonment of the so called monogamous sexual relationship, I mean, as far as men were concerned?

Strangelove: Regrettably, yes. But it is, you know, a sacrifice required for the future of the human race. I hasten to add that since each man will be required to do prodigious... service along these lines, the women will have to be selected for their sexual characteristics which will have to be of a highly stimulating nature.

DeSadeski: I must confess, you have an astonishingly good idea there, Doctor.

52 posted on 10/31/2020 11:53:36 AM PDT by KarlInOhio (The greatest threat to world freedom is the Chinese Communist Party and Joe Biden is their puppet.)
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To: Kaslin

I don’t sell Elon Musk short on ANYTHING he works on.


53 posted on 10/31/2020 12:01:19 PM PDT by ridesthemiles
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To: cuban leaf
Mars is like north america a few hundred years ago. It’s anyone’s for the taking.

No mention of the natives. Nor of reparations. Not quite like North America hundreds of years ago. Although there was much friction from competing countries for the new lands, and that will be the case for Mars. SpaceX will need to create an armaments division on Mars.

54 posted on 10/31/2020 12:16:40 PM PDT by roadcat
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To: Carl Vehse
Settlers living on Mars will need to be in sealed caves or underground shelters for cosmic ray protection. Sufficient power for oxygen generation from water or CO2, lighting, hydroponics, etc., can be made available with sealed nuclear reactors.

Elon Musk has that covered. Part of his plans for building thousands of Starships include sending The Boring Company machinery to Mars. Boring machines will create underground habitats and tunnels to water and mineral supplies. Tesla's Solar City division will supply energy generation. Tesla's autonomous vehicle technology will provide underground transportation and mining vehicles. SpaceX will use Starlink technology to provide communications. Elon Musk's companies have all been constructed for the aim of colonizing Mars.

55 posted on 10/31/2020 12:23:46 PM PDT by roadcat
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To: Kaslin

“The Martian” movie actually addressed this under maritime law.


56 posted on 10/31/2020 12:27:32 PM PDT by tbw2
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To: calenel

“The Far Shore” by Glen Damato actually features a group of young people sent to Mars to escape an oppressive Earth government specifically to preserve American culture and freedom.


57 posted on 10/31/2020 12:28:29 PM PDT by tbw2
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To: camle

“The Far Shore” by Glen Damato actually features a group of young people sent to Mars to escape an oppressive Earth government specifically to preserve American culture and freedom.


58 posted on 10/31/2020 12:28:36 PM PDT by tbw2
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To: Lazamataz

Mars Is A Harsh Mistress

Truff, dat


59 posted on 10/31/2020 12:32:12 PM PDT by Paladin2
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To: roadcat

“Elon Musk’s companies have all been constructed for the aim of colonizing Mars.”

It’s a Good Thing to have a Plan and then work the Plan.


60 posted on 10/31/2020 12:34:31 PM PDT by Paladin2
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