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Who Owns the Land on Mars?

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Nicolas Nelson:

“Who owns the land on Mars? Suppose I go there and [claim the planet by right of conquest or first discovery] and say ‘Hey, I’m selling the whole planet...'"

Sorry, friend, can’t do that.

The Outer Space Treaty of 1967 clearly states that all extraterrestrial real estate “belongs to all mankind” and cannot be claimed as sovereign territory by any nation-state. That kind of sovereign ownership used to be fundamental to any subsequent private ownership claims: the “crown” (or whatever government) had to deed it to you somehow. Nowadays, land ownership can derive from a legal regime, either a nation’s constitution (which inherited “sovereignty” from the old monarchies) or by an international treaty that establishes such a regime … which in this case is exactly what the Outer Space Treaty does.

On the other hand, the OST-1967 does not make private ownership illegal in space or on other planets. Like any good legal regime, the OST-1967 laid a foundation, and later laws passed in nations that are signatories to that treaty have been building upon it. For instance, both Luxembourg and the United States of America have passed laws that clarify property ownership of “space resources,” whether acquired in free-fall (like asteroids, comets, or even the solar flux that photovoltaic panels turn into electricity) or on a planetary surface, or beneath it (like any resources you collect on Mars … or Venus or whatever).

So, as I understand it currently, you can land on Mars and set up your settlement: you own all the stuff you brought with you, but not the land you plopped it onto.

But as your construction bots bulldoze regolith up onto your inflatable dormitory to protect it from radiation, that regolith is now a “resource” that you’ve collected and are using. Now you own that, too.

Your Sabatier-reactors (no radiation, don’t freak out) and your RWGS plant begin sucking in the thin Martian atmosphere and making oxygen, methane, and water out of it. You drill a well down to a geothermally-heated aquifer deep beneath your settlement and use that well to generate electrical power, heat your settlement, do cool science with it (look for microbial life!), and very carefully filter it so you can add it to your water supply: all those “resources” now belong to you.

But you’ve made it complicated now. You have drilled a well and have usage rights to that well… does that give you “water rights” to the giant aquifer you tapped? To some degree? You have built so much stuff on a clearly-delineated area: even though you cannot own it like “real estate,” haven't you established a whole blanket of rights to it just as if you’d homesteaded it or staked a mining claim?

You have a launch and landing pad nearby (not too nearby) with radar telemetry around it: you don’t own the rights to the open air above your launch pad because you own the pad, but you can assert those rights because of the way you use that resource: your future neighbor can’t build a bridge right over your launch pad because it would interfere with your ability to use the improved space resource that belongs to you.

Your rude neighbor could be an idiot and set a fragile inflatable dome next to your launch pad, since you can’t point to a property line and say “behind that, fella”, and since it does not physically interfere with your use of your property. You have the right to go on using your preexisting launch facilities and roast his dome. In that way, it isn't a question of property rights but wisdom versus idiocy.

You can see that once people actually begin “harvesting” and “improving” space resources, property laws will mature pretty quickly. They haven't yet … but the fundamental legal regime is clear: Mars “belongs” to everyone—and therefore, in a practical way, to no one.

This post originally appeared on Quora. Click here to view.

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Why Are Mugshots Made Public Before a Suspect is Convicted by the Court?
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Jennifer Ellis:

Several reasons.

1. Mugshots can help find people when they have absconded, or warn people when someone is out and dangerous. So there is a good reason to share some mugshots.

2. Our legal system requires openness as per the federal constitution, and I imagine most if not all state constitutions. As such, this sort of information is not considered private and can be shared. Any effort to keep mugshots private would result in lawsuits by the press and lay people. This would be under the First and Sixth Amendments as well as the various Freedom of Information Acts. However, in 2016 a federal court ruled [PDF] that federal mugshots are no longer routinely available under the federal FOIA.

This is partially in recognition of the damage that mugshots can do online. In its opinion, the court noted that “[a] disclosed booking photo casts a long, damaging shadow over the depicted individual.” The court specifically mentions websites that put mugshots online, in its analysis. “In fact, mugshot websites collect and display booking photos from decades-old arrests: BustedMugshots and JustMugshots, to name a couple.” Some states have passed or are looking to pass laws to prevent release of mugshots prior to conviction. New Jersey is one example.

a) As the federal court recognizes, and as we all know, the reality is that if your picture in a mugshot is out there, regardless of whether you were convicted, it can have an unfortunate impact on your life. In the old days, this wasn’t too much of a problem because it really wasn’t easy to find mugshots. Now, with companies allegedly seeking to extort people into paying to get their images off the web, it has become a serious problem. Those companies may get in trouble if it can be proved that they are working in concert, getting paid to take the picture off one site and then putting it on another. But that is rare. In most cases, the picture is just public data to which there is no right of privacy under the law.

b) The underlying purpose of publicity is to avoid the government charging people and abusing the authority to do so. It was believed that the publicity would help protect people. And it does when you have a country that likes to hide what it is up to. But, it also can cause harm in a modern society like ours, where such things end up on the web and can cause permanent damage. Unfortunately, it is a bit of a catch-22. We have the right to know issues and free speech rights smack up against privacy rights and serious damage of reputation for people who have not been convicted of a crime. The law will no doubt continue to shake out over the next few years as it struggles to catch up with the technology.

This post originally appeared on Quora. Click here to view.

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What Happens When You Flush an Airplane Toilet?
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For millions of people, summer means an opportunity to hop on a plane and experience new and exciting sights, cultures, and food. It also means getting packed into a giant commercial aircraft and then wondering if you can make it to your next layover without submitting to the anxiety of using the onboard bathroom.

Roughly the size of an apartment pantry, these narrow facilities barely accommodate your outstretched knees; turbulence can make expelling waste a harrowing nightmare. Once you’ve successfully managed to complete the task and flush, what happens next?

Unlike our home toilets, planes can’t rely on water tanks to create passive suction to draw waste from the bowl. In addition to the expense of hauling hundreds of gallons of water, it’s impractical to leave standing water in an environment that shakes its contents like a snow globe. Originally, planes used an electronic pump system that moved waste along with a deodorizing liquid called Anotec. That method worked, but carrying the Anotec was undesirable for the same reasons as storing water: It raised fuel costs and added weight to the aircraft that could have been allocated for passengers. (Not surprisingly, airlines prefer to transport paying customers over blobs of poop.)

Beginning in the 1980s, planes used a pneumatic vacuum to suck liquids and solids down and away from the fixture. Once you hit the flush button, a valve at the bottom of the toilet opens, allowing the vacuum to siphon the contents out. (A nonstick coating similar to Teflon reduces the odds of any residue.) It travels to a storage tank near the back of the plane at high speeds, ready for ground crews to drain it once the airplane lands. The tank is then flushed out using a disinfectant.

If you’re also curious about timing your bathroom visit to avoid people waiting in line while you void, flight attendants say the best time to go is right after the captain turns off the seat belt sign and before drink service begins.

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