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Startup fined $900k for launching illegal satellites, points to future space law challenges

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Swarm Technologies, Inc., a satellite startup aiming to create the world’s lowest-cost satellite network, has been fined $900,000 by the U.S. Federal Communications Commission (FCC) for illegally launching and deploying four unauthorized satellites into orbit in January 2018 on a commercial Indian satellite launch vehicle. The satellites in question were Swarm’s SpaceBEE vehicles, which measure one quarter the size of a traditional CubeSat, a class of small satellites measuring 10 cm in height, width, and depth. In December 2017, the FCC deemed the SpaceBEE size too small for the U.S. Air Force’s traditional technology to track with routine methods and declined a license, but the satellites were placed into orbit regardless. With satellite and rocket launch startups proliferating as space access becomes more affordable, the debate over ensuring safety in this international arena is likely expand.

Swarm requested an experimental license from the FCC in April 2017, a first step for any satellite operator to ensure compliance with current international space laws, and their plan was to launch in September 2017, although that date was later delayed. Spaceflight Industries was next hired to connect Swarm with a launch provider and ensure its integration with the rest of the rocket’s payload. After the FCC declined the license in December 2017, Swarm applied for a new license in January 2018 for satellites meeting CubeSat specifications, but the original SpaceBEEs were already loaded onto the contracted Indian Polar Satellite Launch Vehicle (PSLV) and subsequently launched on January 12, 2018.

When news of the SpaceBEE deployment broke, concerns over regulatory backlash spread throughout the satellite community. The FCC issued an Enforcement Advisory on April 12, 2018 warning about consequences for communications companies failing to comply with licensing requirements, including a note to launch providers on how launch activities may be impacted if an unauthorized satellite payload needs to be removed. In a decision released December 20, 2018, Swarm Technologies was ordered to pay the fine and implement a five-year compliance plan.

A depiction of Swarm’s SpaceBEE satellites, from their FCC license application. | Credit: Swarm Technologies/FCC

Since the very first satellite was successfully launched by the Soviet Union on October 4, 1957, activities in space have been largely conducted by national governments and companies affiliated with them. However, the new space era is quickly changing that environment, rapidly opening up the beyond-Earth domain to private citizens. Billionaires like Elon Musk of Tesla and SpaceX, Jeff Bezos of Amazon and Blue Origin, and Richard Branson of Virgin and Virgin Galactic have mostly been the face of private/commercial space industry in recent years, but the technologies they’ve developed are also ushering in a new wave of affordable access to space, and with it, new technologies that don’t fit the traditional mold of “old space”.

The legal foundation for current space laws is the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, i.e., the “Outer Space Treaty”. Under this Treaty and subsequent treaties and laws arising from it, states, or nations, rather, are responsible for any space activities conducted by their own nationals, meaning a regulatory process that must be enforced. Where access to space was once expensive and difficult, the significantly lowered threshold has brought in a field full of players ready to take their shot at participating in the coming space economy and maybe, as seen with Swarm Technologies, even take a few risks to get there.

While the illegal launch of Swarm’s satellites was caught rather quickly (first by the community of amateur space trackers) and action was taken to penalize it, what’s to stop nations in the future from lowering standards to attract private customers? As stated in the FCC’s Enforcement Advisory, “Satellites authorized by an administration other than the United States do not require any FCC approval if Earth station operations are exclusively outside the United States.” Pressure from the international community to comply with treaties will only work to the extent that 1) the penalties deter the profit potential from the industry; 2) the international community agrees the activity is actually unsafe; and 3) the resistance to reforming regulations to permit the activity in question is deemed justified. Innovation, especially out of Silicon Valley, has a history of breaking rules to bring about significant change; however, some would argue that space isn’t the place for that approach.

The thrice-flown, Falcon 9 Block 5 rocket that put Swarm’s recent 3 satellites in orbit (all FCC approved): SpaceBEE-5, 6, and 7. | Credit: Pauline Acalin

The problem seems to be a simple matter of ethics: Don’t launch things into space that aren’t safe for Earth’s occupants. But according to the FCC, Swarm’s proposed satellites were merely “below the size threshold at which detection by the Space Surveillance Network (SSN) can be considered routine.” The licensing issue seemed to generally only be safety-related because of the satellites’ irregularity, not from the lack of actual tracking capability, something that is only going to increase as more players enter the new space arena.

Another point worth consideration is that Swarm’s SpaceBEE satellites are actually trackable using the same SSN network the FCC cited in its rejection of Swarm’s license request, and live tracking is ongoing via an independent tracking service called LeoLabs. According to Dr. Sara Spangelo, one of the co-founders of Swarm Technologies, the satellites are equipped with radar retro-reflector technology, something developed by a US-Navy research and development lab, which makes their radar signature as bright as a CubeSat. The FCC has also granted the company a temporary experimental authorization to test the previously-illegal satellites’ orbital and tracking data. Thus, the question for the future is not so much whether the safety concerns are valid, but whether preventative rules will be waived where newer technology can demonstrate their compliance outside traditional standards.

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Accidental computer geek, fascinated by most history and the multiplanetary future on its way. Quite keen on the democratization of space. | It's pronounced day-sha, but I answer to almost any variation thereof.

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Autonomous vehicle red tape gets slashed by Trump Administration

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Credit: Zoox

The Trump Administration today made several key moves to help with the deployment of autonomous vehicles by cutting overreaching red tape that has stifled growth and innovation for years.

The moves, which were put forth by the National Highway Traffic Safety Administration (NHTSA), aim to grant temporary exemptions to at least one company currently, although that could expand in the coming months. Additionally, it will work with organizations to develop standards and a sound but efficient regulatory landscape.

Zoox is the only company mentioned explicitly by the Trump Administration in its press release announcing the new terms today. They will receive a temporary two-year exemption that will allow the commercial deployment of up to 2,500 vehicles annually for two years.

There is a potential exemption for Robomart, Inc., which “requests a temporary exemption from certain FMVSS No. 500 requirements for a low-speed vehicle operated by an ADS without a human driver onboard. NHTSA will publish a separate notice seeking public comment on its merits once the initial evaluation is complete,” the agency said.

Here are the five new terms that Secretary Sean Duffy has implemented through the NHTSA today:

  1. Allow Zoox to commercially deploy its robotaxis through a temporary exemption.
    This temporary exemption will allow the commercial deployment of up to 2,500 vehicles annually for two years, subject to an enhanced, adaptable oversight structure that can evolve as Zoox’s technology advances.
  2. Accelerate development of first-ever AV performance standards through a partnership with SAE Industry Technologies Consortia (ITC).
    This partnership will fund a three-year, $5 million “A2SCEND” consortium, bringing together experts to gather data and accelerate creation of the first-ever AV performance standards. This project will inform a single national standard for AV safety to eliminate the patchwork regulatory landscape that has stifled innovation for years.
  3. Publish an interim final rule that allows vehicles manufactured prior to an exemption to be eligible for a commercial deployment exemption.
    This rule will modernize the application process and improve access to exemptions for innovators, including AV developers, by granting the NHTSA Administrator the discretion to apply temporary exemptions to vehicles manufactured prior to the effective date of an exemption grant.
  4. Streamline the application process for Part 555 exemptions by updating guidance and soliciting feedback from the public.
    By updating the Part 555 exemption process—which allows automakers to temporarily sell a limited number of non-compliant vehicles, primarily to test new technologies—NHTSA is aiming to create a more flexible oversight structure for exemptions and summarize recent AV framework activities, including expanded exemption pathways, streamlined crash reporting, and ongoing efforts to modernize Federal Motor Vehicle Safety Standards (FMVSS).
  5. Establish a new Federal Docket for public feedback on NHTSA’s updated safe AV development and deployment guidance.
    NHTSA is updating its technical guidance for AVs for the first time since 2017—focusing on key safety areas like emergency responder interactions, safety management systems, remote assistance, and post-crash behavior to help the industry scale up driverless deployments safely.

Additionally, the NHTSA said it has modernized some safety standards by proposing updates to:

  • FMVSS 102 – Transmission shifting
  • FMVSS 103/104 – Windshield defrosting and wiping
  • FMVSS 110 – Tire placards
  • FMVSS 135 – Braking systems
  • FMVSS 101 – Controls and displays
  • FMVSS 108 – Vehicle lighting
  • FMVSS 111 – Mirrors and rearview display
  • FMVSS 126 – Electronic stability control systems
  • FMVSS 201/208 – Sun visors and warning labels

These changes aim to make the regulatory process for autonomous vehicles more streamlined and efficient, which could help the U.S. gain dominance over autonomous vehicle systems moving forward.

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Elon Musk has a crazy prediction about AI in two years

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Daniel Oberhaus, CC BY-SA 4.0 , via Wikimedia Commons

Elon Musk is, in many respects, one of the biggest and most influential figures in modern-day artificial intelligence.

Given that Tesla, SpaceX, and xAI are all looked at in their respective fields as leaders to an extent, each of them has a heavy influence on the future of AI, even though two of them are not thought of, at face value, as AI companies.

Musk has grand expectations for what is to come with AI, not only as a form of assistance to make human lives easier, but to make humans multiplanetary and solve some of the biggest issues that face us today. But even he is astounded by AI’s pace of progress.

He believes that in two years, AI will be so mind-blowing it might be unrecognizable.

This progress can be seen in a variety of ways, but perhaps the most popular way people have shown AI’s progress, especially on social media, is through an incredibly arbitrary way of watching Will Smith eat spaghetti:

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This is a great way to show people how AI is improving, especially from a perspective that examines how it can manufacture images and video from prompts. AI is an incredibly complex concept, however, and it goes much deeper than Will Smith eating Italian food.

Musk’s most widely adopted method of AI is likely Tesla Full Self-Driving, which impacts millions of people as they utilize it to increase safety with their travel. Musk has routinely pushed incredibly aggressive timelines for self-driving, especially unsupervised.

Perhaps this perspective is why he feels that things will be solved in a timeframe that is much more aggressive than most of us would think. Regardless, the progress of AI is moving fast, and it seems that Musk’s expectations for it could be high.

But if it can actually achieve full-length motion pictures and even more realistic production value, it will be hard to distinguish between reality and AI very soon.

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Tesla just built it 10 millionth car

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Credit: Tesla

Tesla just officially confirmed it has built its 10 millionth car, a major milestone for the company that started producing sustainable electric powertrains less than two decades ago.

In that time, Tesla has truly revolutionized the automotive industry, disrupting the idea of what a car should be, how it should be fueled, and how it truly impacts day-to-day life.

Tesla achieved this feat across four production facilities: the Fremont Factory in Fremont, California, Gigafactory Shanghai in China, Gigafactory Berlin in Germany, and Gigafactory Texas in Austin, Texas.

The 10 millionth vehicle was a Diamond Black Model Y.

Over the course of the past roughly 18 years, Tesla has evolved its lineup from a sporty sedan built on a Lotus body to a lineup of various body styles, performance metrics, and other characteristics that make each one unique.

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This is an incredible achievement for a company that is young compared to what it goes up against. When Tesla entered the automotive market, Ford, GM, and Stellantis widely dominated the playing field. Since then, Tesla has caused such a disruption that these three massive brands had to scramble to create EV projects of their own.

Despite their best efforts, they have not been able to match the prowess or the effectiveness of Tesla. They are all reliant on Tesla’s charging infrastructure, their software is inferior, and their self-driving projects are elementary in comparison.

Tesla felt its fair share of growing pains over the years as well. As recent at 2019, there were complaints about build quality, paint quality, and overall luxuriousness. These things have all been improved upon through the company’s maturity, and these strides in quality have led to this 10 million vehicle production achievement, something that other small-and-scrappy EV makers will hope to accomplish one day.

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