2022-08-02 Healthy Heavens Trust Initiative Update
This is a long overdue Update on our Healthy Heavenly Trust Initiative. It contains an analysis of important trends, of actions already taken and new actions now urgently required, and the unchallenged assumptions underlying the accelerating commercial and military exploitation of Space.
Current Actions
On March 21, 2021, HHTI and other organizations filed a Citizen’s Petition for Rulemaking to the FCC requesting a pause of 180 days for the FCC and other government agencies to conduct comprehensive risk assessment of its blanket licenses of on tens of thousands of satellites and blanket licensing of millions of earth/base stations. A November 2021 article states 94,255 satellite licenses have been approved or are pending approval by the FCC.
In addition to those filed with the FCC, there have been hundreds of thousands of satellites requested for approval to the International Telecommunications Union (ITU).
The FCC has ignored the March 21, 2021 Petition, as well as the earlier Application for Review.
Viasat/The Balance Group v. FCC. Our affiliate, The Balance Group (TBG), which BBILAN principals co-founded (now separated and operating independently) is currently challenging in the DC Circuit Court of Appeals the FCC’s approval of the largest orbital satellite modification in history, based on the argument that the FCC has violated the National Environmental Policy Act (NEPA) and other federal statutes (these same arguments are clearly set out in the HHTI Citizen’s Petition and earlier TBG filings). A decision by the Court is likely sometime in 2022 or early 2023.
Every one of the national security risks portrayed in HHTI’s original illustrations is increasing.
Accelerating Integration of Commercial and Military Strategies. The most significant and disturbing trend is the increasing integration of commercial and military strategies and ambitions for Space, and the countervailing measures openly announced by China. (See 2022-06-30 Commentary on China’s Analysis of Starlink as a Military Asset). Some U.S. generals have stated that war with China in Space is inevitable. Military experts are now urging that the U.S. prepare for future limited wars, including limited nuclear wars in Space, and on Earth.
Increasing loss of the Dark Skies. The simulation in this article vividly shows, far better than words, why astronomers are despairing the loss forever to their profession and all of humanity of the Dark Skies. (Note: this is only a simulation and therefore not accurate when it comes to the comparison with the actual size of the satellites.)
Near Collisions. This article documents the near miss of a SpaceX satellite with China’s Space Station in December 2021. Space debris is proliferating, and with it, the probability of the Kessler Effect. ( See also, interview with Kessler.) In addition, crowded orbits make the possibility of collisions more likely due to the escalating volume of rocket launches, and the debris they can cause due to uncontrolled reentry.
Environmental and Food Security. The HHTI has not received a rebuttal to its analysis of the deficiencies in the Radiation Hazard Report (RHR) filed by SpaceX in its FCC-approved application for the blanket installation of one million earth/base stations. RF radiation emissions from these earth/base stations present a serious ongoing risk to surrounding populations that the FCC is choosing to ignore. There have also been several scientific studies (e.g. from Aug. 2021) on the serious environmental impacts on bees and other fauna and flora, which have direct implications for world food security, already a looming issue. A third major development is the military’s increasing support for an Internet of Oceans, based on sensors closely linked with satellites, that will track every object or living thing that passes by. Finally, although satellites are important in monitoring climate change, there are studies suggesting that the rampant unbalanced proliferation of satellites will damage the ozone layer.
Cybersecurity. Space constellations are increasingly vulnerable to cyberattack and cyberwarfare. There have been a number of major wellnumber that have not been made public.
Privacy and Surveillance. This is uncharted territory. Satellites are continuously transmitting and receiving data among themselves in Space and with connected earth/base stations. We are just beginning to address privacy and surveillance issues on Earth through new laws such as California’s Consumer Privacy Act and European Data Privacy Regulations (see 2022-01-26 Webinar: Citizen Rights and Remedies Under the Shadow of 5G Surveillance and Behavioral Modification). The Space Experiment will greatly increase the risks of invasion and unconsented use, conversion, marketing, and sale of personal information on everyone on the planet.
Export Controls. There is a complex and extensive existing regulatory framework for control of exports and re-exports of technologies, products, and data that are involved in the approval and administration of satellite constellations, as well as the transmission among satellites and between satellite constellations and terrestrial equipment. To our knowledge there has been no published assessment of the industry’s full compliance with these complex regulations and close connection with national security.
Critical National Infrastructure. Space assets, both commercial and military, are increasingly being tightly coupled with critical national infrastructure. Space infrastructure is the weakest link. If satellite constellations are compromised or directly attacked, as the Chinese Defense Ministry is claiming it is making plans to do, then critical terrestrial infrastructure – energy, power, communications, financial, health care, transportation supply chains, etc. – will also become increasingly at risk.
In sum: The March 21, 2021 Petition for Rulemaking identified eight domains of critical risks in the Space Experiment that neither the FCC nor any other U.S. federal government agency appears, at least in public, to be examining from a whole-systems perspective. These risks all involve tightly coupled systems which present common challenges for risk assessment. Among these are the high probability that: 1) Perturbations in one domain of risk can greatly increase the perturbations of another; and 2) Under the present conditions where the entire network (system of systems) can be subject to far-from-equilibrium conditions, even a minor turbulence can set in motion cascading negative consequences.
As cited below, we do possess the analytic tools (e.g. here and here) and Thinking to address this challenge. The FCC and other U.S. government agencies are choosing to ignore any negative consequences that threaten the relentless exploitation of Space.
Educational Programs
These are among the first webinar/courses for lawyers and other professionals on the central legal and policy questions presented by the accelerating commercialization of Space.
MCLE Course: The Commercialization & Exploitation of Outer Space Legal and Ethical Questions Under International and National Laws
Path of Wisdom: Challenging Basic Assumptions
The proponents of the Space Experiment (it is accurately an experiment on humanity and the environment, as it is largely untested) are vaulting the world into a catastrophe based on a host of dangerous and unchallenged assumptions. An ancient principle of wisdom is not to accept assumptions on blind faith, but rather, carefully to explore them. We do not accept any of the following core assumptions underlying accelerating government approvals of satellite launches and base station operations, and their attendant risks:
Realpolitik is the operating premise of U.S. government and industry strategy for dealing with our adversaries in Space. Realpolitik necessitates that we dispense with ethics and morality, because we perceive that the other side is doing so. Realpolitik is a world of dangerous self-reinforcing feedback loops potentially leading to tragic consequences in Space. It is a world based on the “eye for an eye” belief (which Gandhi said would only make the whole world blind), which is: “We must prepare to do worse to others than they are likely to do to us.” Basic ethical and moral principles of love, wisdom, temperance, equanimity, caring, kindness, integrity, forbearance, and foresight are irrelevant to Realpolitik, indeed they are considered dangerously naive. Realpolitik compels disregard for law: the U.S. must dominate all of Space as a matter of high national security, notwithstanding U.S. ratification and adoption of the principles of the Outer Space Treaty, and federal law. One of the tragic flaws with Realpolitik is it impoverishes creative thinking. It is possible to be wise as serpents, while maintaining our humanity.
To protect national security it is essential to integrate commercial and military assets as rapidly as possible.
We must prepare for limited conventional and nuclear wars in Space. Limited wars will prevent all out wars. Limited wars are containable. But what if a limited war is not containable, which is especially likely in tightly coupled global systems that are under inordinate, intensifying, and compounding stress? Research on greatly-perturbed systems suggests that under these extreme conditions, even a relatively small perturbation, much less a limited war, can set in motion a cascade of destruction.
Foreign affairs decision making is special. It is far too sensitive and important to be opened to public review, scrutiny, assessment, or judicial review.
The principal actors involved in the Space Experiment are monolithic. There are virtually no expressions of concern, diverse perspectives, or divergent interests within the U.S. government, or the Space industry. Most, if not all other countries are aligned and in agreement with the present collective high-risk course of action.
Knowing is far too dangerous. For if we know, we may need to do something different. Perhaps change course. Far better not to know, or even to inquire.
Unchallenged, untested assumptions feed upon each other. Fueled by anger and fear, these assumptions rapidly become stories that shape our perceptions, the meaning we make of the world, and thus our behavior and actions… often with tragic consequences. If vigorously explored, it is highly likely that none of the above assumptions will prove valid.
HHTI Actions
Reaffirm the Principles in the HHTI Declaration. Especially as they point to the crucial importance of comprehensive programmatic risk assessment.
Produce a White Paper on Risk Assessment of the Commercialization of Space. HHTI, supported by BBILAN, will approach the federal government, the United Nations Office of Outer Space Affairs, international think tanks and academic centers, to collaborate in preparing the White Paper.
Citizens Petition Challenging ITU approval of 30,000 new SecondGen Starlink satellites. The systematic risk analysis used in the White Paper can be an important tool for the ITU in reaching a final decision on its approval of another 30,000 Second-Gen Space X satellites, (five times heavier and bigger than the First-Gen) and decisions by national governmentsPast Issues concerning commercial Space exploitation.
Support The Balance Group/Viasat Litigation. We endorse and support this landmark collaborative action.
Initiate Negotiations with the State Department and National Space Council. Two important actors with clear jurisdiction over Space policy whose prerogatives are being encroached are the State Department, and National Space Council (NSC), which is currently headed by Vice President Kamala Harris. The United States Space Priorities Framework sets forth its Mission:
“The United States will enhance the security and resilience of space systems that provide or support U.S. critical infrastructure from malicious activities and natural hazards. The United States will lead in strengthening global governance of space activities. The United States will engage the international community to uphold and strengthen a rules-based international order for space. The United States, working with commercial industry, allies, and partners, will promote the implementation of existing measures and lead in the development of new measures that contribute to the safety, stability, security, and long-term sustainability of space activities. The United States will prioritize space sustainability and planetary protection. The United States will work with other nations to minimize the impact of space activities on the outer space environment, including avoiding harmful contamination of other planetary bodies. The United States will increase efforts to mitigate, track, and remediate space debris.”
The State Department has several bureaus that have jurisdiction, prerogatives, and sign off authority over Space. These include the East Asia Bureau; the Oceans, Environment, and Science Brueau; and the Directorate of Defense Controls, among others.
HHTI’s and BBILAN’s mission in these negotiations is to ensure that the NSC’s mission statement is honored in practice by becoming a powerful advocate for reasonable balance among competing interests. HHTI/BBILAN will strongly encourage the State Department to amplify its current Space Dialogues with Europe and Japan, and reopen its Space Dialogue with China and Russia, covering many of the issues raised in this Update. Now as never before it is imperative to maintain effective communication on the broad range of risks facing the principal Space players and the world.
Freedom of Information Requests. HHTI/BBILAN will be filing a series of FOIA requests to open the process of public scrutiny of FCC and other agency decision making relating to the above risk factors.
Litigation based on FCC decision to ignore March 21, 2021 Citizen Petition.Past Issue Mos re than a year has passed since HHTI’s filing of the Citizen Petition for Rulemaking and an unsuccessful meeting by HHTI’s counsel to reach some reasonable accommodation with the Chief of FCC’s International Bureau. HHTI/BBILAN have exhausted all available administrative remedies, as is required by law. HHTI/BBILAN are now actively raising funds to support an appeal on the FCC’s final decision on this matter to the DC Circuit. We will continue to engage with the FCC and invite the International Bureau to contribute to the Risk Assessment White Paper.
Support the European Community Initiative. At present approximately 25,000 concerned citizens and grassroots organizations from twentyseven nations have endorsed twenty-three proposals to raise awareness and promote new regulations of 5G and other wireless deployments throughout Europe. Under present European Commission (EC) Rules, the twenty-three proposals must be considered by the EC if one million endorsements are obtained from European organizations and individuals by March 2023. Proposal 17 addresses the Satellite Experiment: Call for an immediate moratorium on 5G satellites mega-constellations worldwide until the environmental adverse effects are resolved. The central issues of environmental concern are identical to those expressed in this Update. They are truly a common challenge for all of humanity and the planetary environment.
Comments on FCC’s Notice of Inquiry (NOI). The FCC has just scheduled for consideration at its open meeting on August 5, 2022 comments on how the agency can “promote continued growth, innovation, and development in the context of FCC licensing of Inspace Servicing, Assembly and Manufacturing (ISAM) missions, which include activities such as repairing in-orbit spacecraft, removing debris and satellite refueling. HHTI will be submitting brief comments including this Update, focusing on the absence of any systematic risk assessment by the FCC.
The issues addressed in this Update are imminent. The major environmental organizations around the world have been oddly silent and remiss, even though the issues involving the desecration of the Heavens will affect climate change, one of their core priorities. We must join together to restore balance and sanity. Please send us your insights regarding other untested dangerous assumptions underlying the Space Experiment. We deeply appreciate your support for HHTI and BBILAN.
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Kind regards,
Julian Gresser • Attorney at Law • BBILAN Chairman • juliangresser77@gmail.com
Ben Levi • BBILAN Alliance Integrator/COO • info@bbilan.org
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