By Kary Love
I was listening to an interview of the author of the article “Choose Your Overlord” (Josh Tyrangiel) in the Atlantic about the Bezos versus Musk efforts to take over the colonization of space from national governments. I found the “Choose Your Overlord” title compelling. Decades ago, in law school, I submitted a proposed Independent Study project on the “Industrialization and Colonization of Space,” to a panel of three law school professors. This was in 1978.
The law professors scoffed at the idea: “This is law school,” one prof pontificated, “not Star Trek. It’s never going to happen.” This was the prevailing opinion, and I was required to demonstrate: 1) financing was available and 2) the technology was extant. I was able to meet both requirements and the result was a book length document on how it could be done.
Today Bezos and Musk have no problem with the financing, its chump change to them, and they stand to make multi-trillions if they succeed. As for the tech, they are building it as we speak and it is not Star Trek, but it is improving and probably can do the job at least for near earth orbit and Moon industrialization and colonization. The problem emerging is, who is going to be your Overlord?
At the time of my independent study project it appeared, based on past history, the US Government would be in charge. Today, Bezos and Musk are operating somewhat independent of government. This gives rise to the possibility of space colonization by private entities, not unlike those seen in colonies in new discovered America, such as the corporations that settled Virginia early on, or other such corporate colonization efforts in India, Australia and elsewhere. This is a model we have seen before.
When I finished the Independent Study paper, one of my professors (not of the original three who approved and supervised the project) approached me and stated he was concerned about the ramifications of such industrialization and colonization. In my study, it was assumed the US Government would run it and use the proceeds for the common good. But, this professor asked, (this was in a philosophy of law or jurisprudence class) what if private business unmoored from national governance, was in charge, or if a government other than the United States succeeded first. What would that mean?
I proposed to write another paper addressing those questions and proposing a legal regime to regulate same. That paper is technical and somewhat boring. But it began a train of thought and investigation that touches on the Bezos and Musk space problem.
It turns out that, even back in 1978 there were a surprising number of legal articles on these issues. But I became fascinated with the question of evolutionary change that would follow creation of humans permanently residing in space. I did not discover any law review articles on that question, but there was much science based speculation.
One thing that appeared certain was humans living in space would become divergent from earth based humans. So, I analyzed the divergence and the consequences of earth kind versus space kind. Although many interesting ramifications emerged, one was particularly troubling for me as one of the earth kind. What became clear was space kind would have a built in military advantage: they would control the high ground.
Now earth kind military history is replete with examples where, in military confrontation, control of the high ground was often advantageous if not dispositive of outcome of battles, and even war. Should conflict arise between earth kind and space kind clearly space kind would have the advantage. To take out a space kind habitat in near earth orbit or on the moon, earth kind would have to mount a complex rocket based salvo. Space kind, on the other hand, would simply have to accumulate space rocks, or garbage, or asteroids, or waste from their industrialization of the Moon or near earth orbit, and calculating the trajectory needed to strike some target on the surface of the earth, simply give their weaponized junk the proper shove to rain down hell on earth.
I simplify. But I think you can see the danger. Space kind’s dominion of the ultimate high ground is, under current technology, a dispositive advantage. As a result of this reality, humans need to consider the wisdom of allowing control of space to be deposited in the hands of Bezos or Musk independent of earth kind’s authority. I am sure they have our best interests at heart. But, just in case….
Kary Love, syndicated by PeaceVoice, is a Michigan attorney who has defended nuclear resisters and many others in court for decades.
