FC: Answers to "Who owns Columbia space debris?" question

From: Declan McCullagh (declanat_private)
Date: Sat Feb 01 2003 - 22:07:17 PST

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    Date: Sat, 1 Feb 2003 19:58:01 -0500 (EST)
    From: "Matthew G. Saroff" <msaroffat_private>
    To: Declan McCullagh <declanat_private>
    cc: politechat_private
    Subject: Re: FC: Space shuttle Columbia disintegrated during descent today
    
             For what it's worth, I am a mechanical engineer, who has worked
    with SAMS and artillery rockets, but this is my assesment of the incicent,
    feel free to forward to politech:
    
             What I've heard at this point, along with the video of the
    breakup, indicates a failure of the thermal protection system.
             There were changes in the pressure of the left main tires
    consistent with heating, and the drop in hydraulic pressure is consistent
    with the fluid boiling.
    
    --
       Matthew G. Saroff
    Navicula hydraulica plena anguilarum est.
    
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    From: "Suresh Ramasubramanian" <sureshat_private>
    To: <declanat_private>
    Subject: Re: More on Space Shuttle Columbia disaster earlier today
    Date: Sun, 2 Feb 2003 07:10:13 +0530
    Organization: -ENOENT
    
    On Sunday, February 02, 2003 3:43 AM [GMT+0530=IST],
    Declan McCullagh <declanat_private> wrote:
    
     > I don't know Dian, but Terry is a longtime and valued subscriber to
     > Politech. NASA still has Dian's bio online, which says she was a
     > propellant engineer:
     > http://ltp.arc.nasa.gov/women/bios/dh.html
    
    A previous crash (the Challenger) introduced me to one of my favorite
    poems - High Flight, by a world war II fighter pilot - John Gillespie
    Magee.  It deserves a rerun now :)
    
    http://www.cs.rice.edu/~ssiyer/minstrels/poems/276.html
    
         srs
    
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    From: "Bradford A. Patrick, Esq." <bpatrickat_private>
    To: <declanat_private>
    Subject: Shuttle - legal.
    Date: Sat, 1 Feb 2003 17:45:47 -0800
    
    RE: Falling shuttle debris
    
    A space shuttle, in whole or in part, is not exactly what you would call 
    lost or abandoned property.  Many people are looking for it.
    
    "Finder's keepers" doesn't work against Uncle Sam.
    
    -Brad
    
    Bradford A. Patrick, Esq.
    Preg O'Donnell & Gillett PLLC
    1800 Ninth Ave., Suite 1500
    Seattle, WA  98101-1340
    (206) 287-1775 wk
    (206) 287-9113 fx
    bpatrickat_private
    
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    Date: Sat, 01 Feb 2003 19:48:36 -0600
    To: declanat_private
    From: Ronn! Blankenship <ronn.blankenshipat_private>
    Subject: Re: FC: More on Space Shuttle Columbia disaster earlier today
    
    >Date: Sat, 01 Feb 2003 14:51:39 -0500
    >Subject: Re: FC: Space shuttle Columbia disintegrated during descent today
    >From: Space Rogue <spacerogat_private>
    >To: <declanat_private>
    >Message-ID: <BA618F7A.117F4%spacerogat_private>
    >In-Reply-To: <5.1.1.6.0.20030201114528.01f2cac0at_private>
    >
    >[snip]
    >
    >A search for "shuttle debris" so far turns up nothing.
    
    
    The only thing it should turn up is a Federal prosecution.
    
    
    
    -- Ronn! :)
    
    Ronn Blankenship
    Instructor of Astronomy/Planetary Science
    University of Montevallo
    Montevallo, AL
    
    Disclaimer:  Unless specifically stated otherwise, any opinions contained 
    herein are the personal opinions of the author and do not represent the 
    official position of the University of Montevallo.
    
    ---
    
    From: "Allen Hutchison" <allenat_private>
    To: <declanat_private>
    References: <5.1.1.6.0.20030201175800.02718428at_private>
    Subject: Re: eBay sellers already hawking "shuttle debris"
    Date: Sat, 1 Feb 2003 21:19:33 -0800
    
    Declan,
    
    I seem to remember a case a few years ago that implied that space shuttle
    debris was all government property. I couldn't find a real mention of the
    case except for this:
    
    Meanwhile, a person who tried to sell
    what he claimed to be a piece of the shuttle Challenger on the online
    auction site eBay was convicted in a federal court in Ohio last week.
    Charles Starowesky pled guilt to one charge of theft of government
    property and was sentenced to two years' probation.
    
    Which came from here:
    
    http://seds.lpl.arizona.edu/ftp/info/newsletters/spaceviews/text/20000828.txt
    
    Regards,
    
    Allen
    
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    Date: Sat, 1 Feb 2003 22:26:28 -0500
    From: David Shaw <dshawat_private>
    To: Declan McCullagh <declanat_private>
    Subject: Re: FC: eBay sellers already hawking "shuttle debris"
    
    On Sat, Feb 01, 2003 at 09:57:36PM -0500, David Shaw wrote:
     > On Sat, Feb 01, 2003 at 08:00:09PM -0500, Declan McCullagh wrote:
     > > [Legal question: If a piece of "shuttle debris" falls on my land, does it
     > > become my property? I assume not. --Declan]
     >
     > Not a lawyer here, but the laws governing salvage say no.  More or
     > less, the ownership of federal property is not lost through any of the
     > usual avenues, and it takes congress to explicitly transfer ownership.
     >
     > http://www.history.navy.mil/branches/org12-7h.htm
    
    Here's something even more on-point.
    http://www.oosa.unvienna.org/Reports/AC105_722E.pdf
    
    Page 8:
    
    Article VIII
    
      A State Party to the Treaty on whose registry an object launched into
      outer space is carried shall retain jurisdiction and control over such
      object, and over any personnel thereof, while in outer space or on a
      celestial body. Ownership of objects launched into outer space,
      including objects landed or constructed on a celestial body, and of
      their component parts, is not affected by their presence in outer
      space or on a celestial body or by their return to the Earth. Such
      objects or component parts found beyond the limits of the State Party
      to the Treaty on whose registry they are carried shall be returned to
      that State Party, which shall, upon request, furnish identifying data
      prior to their return.
    
    David
    
    -- 
        David Shaw  |  dshawat_private  |  WWW http://www.jabberwocky.com/
    +---------------------------------------------------------------------------+
        "There are two major products that come out of Berkeley: LSD and UNIX.
           We don't believe this to be a coincidence." - Jeremy S. Anderson
    
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    From: "Chad W. DIdier" <cdidierat_private>
    To: <declanat_private>
    Subject: RE: eBay sellers already hawking "shuttle debris"
    Date: Sat, 1 Feb 2003 21:39:05 -0500
    Organization: C.D. Support Services
    
    Looks like Ebay is now filtering the search keyword "debris". Earlier,
    after I heard about debris showing up on Ebay I did a search and found 2
    entries of which were no longer viewable. Now when I search "shuttle
    debris" I get the same results as searching "shuttle". Searching
    "debris" results in 0 listings. Likewise searching on "shuttle
    fuddy-duddy" results in 0 listings. They must be filtering "debris"
    searches. Otherwise it would result in 0 results rather than listing the
    same results as searching "shuttle" alone. Or so I assume.
    
    ---
    
    Date: Sat, 1 Feb 2003 17:28:11 -0800
    From: Tim Pozar <pozarat_private>
    To: Declan McCullagh <declanat_private>
    Cc: politechat_private
    Subject: Re: FC: eBay sellers already hawking "shuttle debris"
    
    The one auction I saw (item 2909705555) that claimed to be shuttle
    debris, was in fact a fuel injector for a car.
    
    Tim
    
    ---
    
    From: "a clever sheep" <sheepat_private>
    To: <declanat_private>
    References: <5.1.1.6.0.20030201175800.02718428at_private>
    Subject: Re: eBay sellers already hawking "shuttle debris"
    Date: Sat, 1 Feb 2003 20:42:50 -0500
    
    According to this article
    (http://www.news.com.au/common/story_page/0,4057,5925237%255E1702,00.html)
    in the Australian News.com (sourced from Agence-France-Presse), two US
    Attorneys for Texas are claiming that, "Those attempting to sell Columbia
    wreckage could face charges of theft of government property and interference
    in a federal investigation..."
    
    
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    Date: Sat, 1 Feb 2003 21:56:23 -0500 (EST)
    From: Rob Carlson <robat_private>
    To: declanat_private
    
    http://story.news.yahoo.com/news?tmpl=story2&cid=575&ncid=738&e=6&u=/nm/20030202/wr_nm/shuttle_ebay_dc
    
     >From the article:
    
    Michael Shelby, U.S. Attorney for southern Texas, told reporters at
    Johnson Space Center in Houston that anyone who touched the shuttle
    debris could face a stiff penalty.
    
    "It's a federal offense that could bring to 10 years in prison. And I
    will prosecute," he said.
    
    --
    Rob Carlson  robat_private  http://vees.net/
    
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    Date: Sat, 01 Feb 2003 21:09:57 -0500
    From: rj <je120at_private>
    User-Agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.3a) To: 
    declanat_private
    Subject: Re: FC: More on Space Shuttle Columbia disaster earlier today
    References: <5.1.1.6.0.20030201165423.02717bd0at_private>
    
    Hi Declan,
    I'm fairly new to your list so take this for what its worth; just my 
    speculation.  Has anyone else noticed the continued warnings to stay away 
    from any 'debris' because of possible toxic propellants?  Why is FEMA so 
    heavily involved?  Plutonium reactor being tested for future Mars 
    missions?  Or other military agenda projects as have transpired on many 
    previous orbiter missions?  Just my paranoid speculation.
    rj
    Michigan
    
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    From: "Laurence Berland" <laurenceat_private>
    To: <declanat_private>
    Subject: RE: eBay sellers already hawking "shuttle debris"
    Date: Sat, 1 Feb 2003 21:01:48 -0600
    
     >
     > [Legal question: If a piece of "shuttle debris" falls on my land, does it
     > become my property? I assume not. --Declan]
     >
    
    According to Nasa.gov, no, it does not, and you will be prosecuted if you
    try to claim it as your own.  I have no idea how salvage laws work, but
    insofar as it's probably important to gather a lot of this stuff up to
    figure out what happened with a high degree of certainty, I'd say it's wrong
    to take it as your own even if it is legal...
    
    
     >From NASA.gov:
    
    NOTE TO PERSONS IN THE AREA:
    Anyone who believes they have found debris related to Columbia should call
    the Johnson Space Center Emergency Operations Center, (281)-483-3388. Be
    aware that hazardous chemicals may be present; do not disturb or move any
    debris.
    
    All debris is United States Government property and is critical to the
    investigation of the shuttle accident. Any and all debris from the accident
    is to be left alone and reported to Government authorities. Unauthorized
    persons found in possession of accident debris will be prosecuted to the
    full extent of the law.
    
    end quote
    
    Laurence Berland
    Student, Northwestern University
    http://laurence.isp.northwestern.edu
    
    ---
    
    Date: Sat, 1 Feb 2003 19:51:11 -0800
    To: declanat_private
    From: dano <danoat_private>
    Subject: Re: FC: eBay sellers already hawking "shuttle debris"
    
    At 8:00 PM -0500 on 2/1/03, Declan McCullagh wrote:
    >[Legal question: If a piece of "shuttle debris" falls on my land, does it 
    >become my property? I assume not. --Declan]
    
    The United States Navy still claims ownership of any warship or warplane 
    they ever lost, for any reason. I seriously doubt that any holder of real 
    Shuttle debris will be walking around on the street for very long, and 
    certainly they cannot sell what they do not own.
    
    ---
    
    Date: Sat, 01 Feb 2003 20:47:13 -0800
    From: Chris Ulbrich <chris_ulat_private>
    Subject: Ilan Ramon
    To: declanat_private
    
     >Also, while it may be just a coincidence, remember that Columbia carried
     >Israel's first astronaut and came as tensions in the Middle East are
    growing:
    
    Declan,
    
    not to mention that Ramon reportedly participated in the raid on the Iraqi
    nuclear reactor at Osirak.
    
    http://www.us-israel.org/jsource/biography/Ilanramon.html
    
    Best,
    
    -Chris Ulbrich
    
    ---
    
    From: CoolAl027 <coolal027at_private>
    To: declanat_private
    Date: Sat, 01 Feb 2003 23:47:14 -0600
    
    2/1/03 7:00:09 PM, Declan McCullagh <declanat_private> wrote:
    
     >[Legal question: If a piece of "shuttle debris" falls on my land, does it
     >become my property? I assume not. --Declan]
     >
    
    Declan,
    
    Throughout the numerous times that they advised the public about not 
    touching debris due to the toxicity, CNN
    occasionally tossed in a line along the lines that not only is it dangerous 
    but illegal as well.
    
     >From what I found as well, it appears this happened with the Challenger a 
    couple years ago (
    http://www.space.com/news/challenger_wreckage_010128.html ) and from what 
    they told Charles Starowesky, who
    tried selling it online, that it is illegal to own as well as sell the 
    debris according to US Code Title 18 Sec. 641 (
    http://www4.law.cornell.edu/uscode/18/641.html)
    
    "Whoever embezzles, steals, purloins, or knowingly converts to his use or 
    the use of another, or without authority, sells,
    conveys or disposes of any record, voucher, money, or thing of value of the 
    United States or of any department or
    agency thereof, or any property made or being made under contract for the 
    United States or any department or agency
    thereof; or..."
    
    The reason being according to Space.com is that:
    
    "As NASA never relinquished ownership of the spacecraft, possession of 
    Challenger debris translates to theft of
    government property. All parts recovered today are interred with the 
    original wreckage in two abandoned missile silos at
    Cape Canaveral Air Force Station."
    
    So since they never severed ownership rights, it still is technically 
    government property which is what the law applies to.
    Not only that, but like they said, since the Challenger investigation had 
    been completed long before 2001, who knows
    what (if any) help this might have provided to investigators at the time. 
    Probably the most sick and disturbing part is the
    intent of some individual (regardless of ignorance to the law) is that they 
    would be profiting off of a national tragedy quite
    blatantly without any regard to life over money.
    
    Brian
    
    
    
    
    
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