The Contours of Permissionless Innovation in the Outer Space Domain

Abstract

A permissionless innovation regulatory model, importantly featuring a default presumption of approval of innovators' new activities, is credited with fostering the development of the Internet.For the first time, this regulatory model is being explored for adoption in the outer space domain, a reasonable choice given the amount of innovation by commercial entities in that sector.However, translation of the model to outer space is complex because permissionless innovation is contextual, and the outer space domain differs from the cyber domain in important respects.First, international obligations require the U.S. government to authorize and supervise commercial space activities.Second, national security concerns are raised by everyday, non-illicit space activities.Third, space business investors actually demand enhanced regula-