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posted by requerdanos on Wednesday December 30 2020, @06:21PM   Printer-friendly
from the mars-ho! dept.

Elon Musk will run into trouble setting up a Martian government, lawyers say:

SpaceX CEO Elon Musk is steadfast in realizing his dreams of establishing a permanent colony on Mars, but any new government there will face immense legal challenges.

We got an early glimpse of what such a future society could look like, buried deep inside the user agreement for SpaceX’s Starlink satellite internet service.

“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 terms of service read. “Accordingly, disputes will be settled through self-governing principles, established in good faith, at the time of Martian settlement.”

[...] Lawyers, however, have their doubts about SpaceX’s abilities to set up a Martian state. In fact, several told The Independent in a new story, what SpaceX has laid out in its Starlink user agreement isn’t radically different from space treaties that have been signed over the years.

[...] For instance, the 2020 Artemis accords stipulate that “outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.”

[...] “[Musk] could be trying to lay some groundwork for offering up an independent constitution… just like he did for electric cars and reusable launch vehicles,” [Randy Segal, of the law firm Hogan Lovells] told The Independent. “Does it have any precedent or enforceability? The answer I’d say is clearly no; but if you say something enough, people might come around.”

SpaceX's First Crewed Mars Mission Could Launch as Early as 2024, Elon Musk Says


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  • (Score: 2) by Tork on Wednesday December 30 2020, @09:44PM (3 children)

    by Tork (3914) Subscriber Badge on Wednesday December 30 2020, @09:44PM (#1092989) Journal
    Is there an example of a private entity (like a corporation?) reaching a part of the planet inaccessible to the government?
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  • (Score: 4, Interesting) by fakefuck39 on Wednesday December 30 2020, @09:54PM

    by fakefuck39 (6620) on Wednesday December 30 2020, @09:54PM (#1092992)

    Well, many have reached some deep sea trenches and things like that, but never tried creating their own laws. The most apt example I can think of is https://sealandgov.org, [sealandgov.org,] which you've likely heard of. And they did, in theory, establish their own country while being british citizens. In practice, no one cares and they're not doing anything, so whether they're really their own jurisdiction or not has never come up, despite their wildly exaggerated story of invasion, which is meant to be funny and not a legal document of events passed. I have a feeling that'll be the case w/ Mars for hundreds of years to come, as the number of people there grows from 3 to 50 over those hundreds of years.

  • (Score: 4, Informative) by NateMich on Wednesday December 30 2020, @11:04PM

    by NateMich (6662) on Wednesday December 30 2020, @11:04PM (#1093019)

    Is there an example of a private entity (like a corporation?) reaching a part of the planet inaccessible to the government?

    Historically? Absolutely. Read up on mining towns in remote locations back in the day.

    Essentially, the company is the law, as there isn't anyone else around.

    There were technically governments and laws in those regions, but when you are weeks away from anything, and only accessible using someone's private railroad, they don't have a lot of power.

  • (Score: 4, Insightful) by Runaway1956 on Thursday December 31 2020, @12:18AM

    by Runaway1956 (2926) Subscriber Badge on Thursday December 31 2020, @12:18AM (#1093045) Journal

    The Hudson's Bay company in North America, and the East India Company in India. The Brits weren't able to enforce their law in those regions, so they allowed privately owned companies to represent them.

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