No issue in space law over the past two years has generated more domestic controversy than Article VI of the Outer Space Treaty and, specifically, its effect on private space activities. Indeed, opinions about whether the Outer Space Treaty and Article VI itself are germane to private space activities have caused contention and created more confusion about what Article VI actually does. The House of Representatives appears to have relied on these dubious views in H.R. 2809, the American Space Commerce Free Enterprise Act. Now the ball is in the Senate’s court and, with it, the opportunity to address the Article VI confusion. With this in mind, the Senate might consider the following when drafting its commercial space bill:
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