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An Institutional Comparison of the Governance of Space Exploration

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An Institutional Comparison of the Governance of Space Exploration Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 2015 Space Cops and Cyber Cowboys: An Institutional Comparison of the Governance of Space Exploration and the Internet James Luther Gilley Louisiana State University and Agricultural and Mechanical College, [email protected] Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_dissertations Part of the Political Science Commons Recommended Citation Gilley, James Luther, "Space Cops and Cyber Cowboys: An Institutional Comparison of the Governance of Space Exploration and the Internet" (2015). LSU Doctoral Dissertations. 1547. https://digitalcommons.lsu.edu/gradschool_dissertations/1547 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Doctoral Dissertations by an authorized graduate school editor of LSU Digital Commons. For more information, please [email protected]. SPACE COPS AND CYBER COWBOYS: AN INSTITUTIONAL COMPARISON OF THE GOVERNANCE OF SPACE EXPLORATION AND THE INTERNET A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements of the degree of Doctor of Philosophy in The Department of Political Science by James Luther Gilley B.A. Louisiana State University, 2008 M.A. Louisiana State University, 2014 December 2015 For all those who dream and dare to go higher, faster, further, and reach for more. I like to be involved in things that change the world. The Internet did, and space will probably be more responsible for changing the world than anything else. If humanity can expand beyond the Earth, obviously that’s where the future is. – Elon Musk ii TABLE OF CONTENTS ACKNOWLEDGEMENTS………………………………………………………………….iv LIST OF ABBBREVIATIONS BY APPEARANCE……………………………………….v ABSTRACT……………………………………………………………………..………….viii CHAPTER 1 INTRODUCTION AND PLAN OF ACTION…………………………………….…1 2 LITERATURE REVIEW AND CASE SELECTION……..……………...………18 3 THE OUTER SPACE TREATY OF 1967 AND OTHER INTERNATIONAL TREATIES FOR GOVERNING OUTER SPACE……...……………….……….45 4 THE (IM)PRACTICAL INSTITUTIONAL GOVERNANCE OF OUTER SPACE……..………………………………………………………………………..86 5 THE COMMERCIALIZATION AND PRIVATIZATION OF OUTER SPACE: A TALE OF NEOLIBERALISM………………….……………………………..…..109 6 THE INSTITUTIONAL GOVERNMENT OF THE INTERNET, ODiis, AND THE CREATION OF A NEW INSTITUTIONAL TYPE………………………….…..137 7 INTELLECTUAL PROPERTY, TRANSMISSION, AND COMMERCE: THE LESS TECHNICAL GOVERNANCE OF THE INTERNET………….………..168 8 NATIONAL AND INTERNATIONAL SUBVERSION OF OPEN INTERNET GOVERNANCE : BRICS, PRISMS, AND GREAT FIREWALLS…………....195 9 ANALYSIS AND CONCLUSIONS: INSTITUTIONAL COMPARISONS, LESSONS LEARNED, AND POLICY PRESCRIPTIONS………………..…..230 BIBLIOGRAPHY………………………………………………………………………….262 VITA………………………………………………………………………………….…….281 iii ACKNOWLEDGEMENTS First I would like to thank my family, without whose support this whole Graduate School process would have been impossible. Mom and Dad, thanks for everything you have done, well, ever. You have allowed me to get to this point, and I will be forever grateful and in your debt. Katie, you have been an unbelievable assistant in the project, as a great sounding board and an excused to take a break. Bama can “Kick Rocks.” To all the other “family”: Hendersons, Mullins, Oakleys, Edwards, Trahans, and anyone else I may be forgetting, your help and guidance through the years have been unforgettable. So Thank You. Next, I must thank my committee; which might be the most laid back, and yet simultaneously helpful committee of all time. My chair, Dr. Clark, for guiding me in research and teaching, as well as interesting conversations about Russian and the UK. Dr. Ray for providing great insights, especially in nascent days of the project. Dr. Sobek for a multitude of knowledge about the world, both academic and otherwise. Dr. Clare for the best preparation a grad student could ask for in the lead up to comps, and of course non-sequitur questions regarding Muppets. I thank you all heartily. For all the other important academics who have helped influence this work and my career so far. Dr. Tirone for not thinking my research is entirely weird and actually joining me for some of it. Dr. Kim for introducing me to the joys of Political Economics, Polanyi and Schumpeter. Dr. Rhorer, for lighting a fire under my butt to get done. For all the other graduate students who helped through the years: Thank you so much. iv LIST OF ABBREVIATIONS BY APPEARANCE OST 1967 Outer Space Treaty of 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and Other Celestial Bodies COPUOS Committee on the Peaceful Uses of Outer Space UN United Nations UNOOSA United Nations Office of Outer Space Affairs UNESCO United Nations Educational Scientific and Cultural Organization WMD Weapon of Mass Destruction SPT States Party to the Treaty Rescue Agreement The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Space of 1968 Liability Convention Convention on International Liability for Damage Caused by Space Objects of 1972 Registration Convention Convention on Registration of Objects Launched into Outer Space of 1975 Moon Treaty Agreement Governing the Activities of States on the Moon and Other Celestial Bodies of 1979 CHM Common Heritage of Mankind ITU International Telecommunications Union WMO World Meteorological Organization INTELSAT International Telecommunications Satellite Organization INTELSAT S.A. Private Company Version of INTELSAT COSPAR Committee on Space Research ICSU International Council of Scientific Unions GA General Assembly (in reference to UN) IGO Inter-Governmental Organization ITSO International Telecommunications Satellite Organization ORBIT Act Open-Market Reorganization for the Betterment of Telecommunications Act of 2000 WWW World Weather Watch (In Chapter 4) WWW World Wide Web (All other uses) FKA or RKA Russian Federal Space Agency Roscosmos Russian Federal Space Agency RSC Russian Space Company ESA European Space Agency JAXA Japanese Space Agency NASA National Aeronautics and Space Agency (US Federal Space Agency) SpaceX Space Exploration Technologies Limited LCO Lifeline Connectivity Obligation ICANN Internet Corporation for Assigned Numbers and Names v DNS Domain Name System IP Internet Protocol IP Intellectual Property (only in chapter 7) ISOC Internet Society DARPA Defence Advanced Research Programs Administration RFC Request for Comment ISI Information Sciences Institution at the University of Southern California IANA Internet Assigned Numbers Authority IAB Internet Activities Board ARPANET Advanced Research Projects Administration Network IETF Internet Engineering Task Force IRTF Internet Research Task Force CERN Center for European Nuclear Research HTTP Hypertext Transfer Protocol URL Uniform Resource Locator TLD Top Level Domain FTP File Transfer Protocol NSF National Science Foundation gTLD-MoU General Top Level Domain Memorandum of Understanding IATG Internet Advisory Transition Group IFWP International Forum on the White Paper GAC Governmental Advisory Committee SSAC Stability and Security Advisory Committee RSSAC Root Server System Advisory Committee ALAC At-Large Advisory Committee RALO Regional At-Large Organization DoC US Department of Commerce IPv4 Internet Protocol version 4 IPv6 Internet Protocol version 6 WIPO World Intellectual Property Organization UDRP Uniform Dispute Resolution Policy ITR International Telecommunications Regulations WCIT-12 World Conference on Information Technologies, 2012 NTIA National Telecommunications and Information Administration (US Department of Commerce agency) ccTLD Country Code Top Level Domain WCT WIPO Copyright Treaty WPPT WIPO Performances and Phonograms Treaty DRM Digital Rights Management ODii Organically Developed Internet Institutions- ICANN and ISOC CEO Chief Executive Officer vi ICPEN International Consumer Protection Network IPTF Internet Policy Task Force AoC Affirmation of Commitments BRICS Brazil, Russia, India, China, and South Africa WSIS World Summit on the Information Society IGF Internet Governance Forum UNDP United Nations Development Program UNCTAD United Nations Conference on Trade and Development UKUSA United Kingdom- United States Security Agreement NSA National Security Agency FISA Foreign Intelligence Surveillance Act vii ABSTRACT A growing concern for human society is the question of technology, how they are to be used and how can they best be governed. The very question of whether technology is governable remains for the most part unexplored. This work will seek to examine these important questions. By utilizing a historical institutional perspective, two case studies of the governance of technologies that have emerged in the last century will be explored. Space Exploration technologies and the advanced networking of computers known as the Internet will serve as the case to illuminate the question of governing technology. Deep qualitative functional analysis of both the primary and peripheral institutions will provide insight into how technology is governed in theory and in practice, as well as how institutions are created and change over time. By moving beyond questions of governance for states and societies, this work will attempt to contribute to the literature of political science as the study of governance broadly speaking.
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