An Army astronaut may be first prosecuted for space crime - We Are The Mighty
MIGHTY HISTORY

An Army astronaut may be first prosecuted for space crime

The legal community is getting geared up for what might be the first trial involving criminal activity in space as a decorated Army officer and astronaut faces accusations of identity theft after she accessed a bank account belonging to her former spouse while on the International Space Station. If formal charges are filed, it would be the first prosecution of a space crime.

(Yeah, we were hoping that the first space crime would include theft of a rocket or mounting a laser on the Moon, too. But this is the world we live in.)


The World’s First Space Crime? IN SPACE! (Real Law Review)

www.youtube.com

First, a quick rundown of the facts: Lt. Col. Anne McClain acknowledges that she used the login credentials of her former spouse, fellow Army veteran Summer Worden, to access their shared finances from the ISS. Technically, that act could constitute identity theft, but McClain says her actions were a continuation of how the couple managed finances while married.

The two women are going through a divorce that also includes a contentious custody dispute.

You may know McClain’s name from the planned all-female spacewalk in March 2019 that was canceled because there was only one spacesuit that would fit the two women scheduled for the spacewalk. Fellow astronaut Nick Hague took McClain’s place on the spacewalk, and Saturday Night Live did a fake interview with McClain the same week.

When it comes to the law that pertains to McClain in space, it does get a little murky. According to attorney Devin Stone, a practicing lawyer who runs the YouTube channel LegalEagle took a look at what laws could be brought to bear on McClain if it’s deemed that she committed a crime.

Well, for that, Stone points to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies of 1967. (It’s more commonly known as the Outer Space Treaty of 1967.)

Article VI of that treaty says that governments are responsible for ensuring that all activities undertaken by their representatives or nationals conform to the rules of the treaty. The treaty also charges national bodies with creating the laws necessary for controlling their nationals’ conduct in space.

And Article VIII of the same treaty says that each state that is a party to the treaty will retain jurisdiction and control of any object that state launches into space as well as any personnel it sends into space.

An Army astronaut may be first prosecuted for space crime

(NASA/Roscosmos)

And, as Stone points out in the video above, the ISS is controlled by another agreement signed in 1998 that further defines criminal jurisdiction aboard the ISS. Basically, Article 22 of that agreement states that any governments that are part of the ISS program retain criminal jurisdiction of their nationals while that national is aboard the ISS.

So, those articles together mean that McClain was subject to all applicable U.S. laws while in orbit. And presenting the digital credentials of another person in order to gain access to their financial information is identity theft.

If a U.S. attorney brings charges against McClain, it would be under Title 18 U.S. Code § 1028 Fraud and related activity in connection with identification documents, authentication features, and information. The maximum punishment for a single offense under that law is 30 years, but McClain’s actions, as reported in the press, would constitute a relatively minor offense under the code.

If McClain did not remove any money and only presented one set of false identifying documents—if she just logged in with Worden’s username and password, but didn’t create a false signature or present other false credentials—then the maximum punishment for each false login would be five years imprisonment.

And even then, the law allows for judges to assign a lower sentence, especially if there are mitigating factors or if the defendant has no prior criminal history.

But there are still some potential hiccups in a potential prosecution of McClain. As Stone discusses in his video, a murder investigation in Antartica was derailed after competing investigations and jurisdictional claims prevented a proper inquiry into the crime. The rules governing space jurisdiction has a strong parallel in the treaties and laws governing conduct in Antartic research stations.

Hopefully, for McClain and the Army’s reputation, no charges are filed. But if charges are filed, someone gets to become the first space lawyer to argue a space crime in space court. (Okay, it would just be normal federal court, but still.)

MIGHTY TRENDING

US & India practiced hunting subs together; keeping an eye on China

The US and India practiced hunting submarines in the Indian Ocean last week, a first for the two nations since the signing of a major agreement making it easier to keep track of Chinese undersea assets.

US and Indian P-8 multi-mission maritime patrol and reconnaissance aircraft, together with the US Navy Arleigh Burke-class guided-missile destroyer USS Spruance, participated in anti-submarine warfare training exercises, focusing on information sharing and coordination, the US Navy said in a statement.


“Our goal is to further standardize our procedures, so we can work more efficiently in future real-world operations,” said US Navy Lt. James Lowe, a pilot with Patrol Squadron 8.

An Army astronaut may be first prosecuted for space crime

One of India’s P-8I long-range maritime patrol aircraft, dedicated on Nov. 13, 2015.

(Indian navy)

The exercises, which took place near the island of Diego Garcia, were the first ASW drills since India and the US signed the Communications, Compatibility and Security Agreement (COMCASA) in September 2018, The Diplomat reported last week.

The agreement allows for real-time operational intelligence sharing, especially in the maritime domain, where China is stepping up its surface and undersea activities.

“If a US warship or aircraft detects a Chinese submarine in the Indian Ocean, for instance, it can tell us through COMCASA-protected equipment in real-time, and vice-versa,” an unnamed source told the Times of India when the agreement was signed.

It was first disclosed two years ago by Harry Harris, then the US Navy admiral in charge of US Indo-Pacific Command, that the US was working with India to better monitor Chinese activities in the Indian Ocean.

“There is sharing of information regarding Chinese maritime movement in the Indian Ocean,” Harris explained in early 2017, adding that the US works “closely with India and with improving India’s capability to do that kind of surveillance.”

“Chinese submarines are clearly an issue and we know they are operating through the region,” said Harris, who is now the US ambassador to South Korea.

The US and India established their first secure communications link between the two navies as part of the COMCASA agreement in early April 2019.

An Army astronaut may be first prosecuted for space crime

India’s first-in-class Kalvari submarine during floating at Naval Dockyard in Mumbai in October 2015.

(Indian navy)

The Department of Defense noted several times in its 2018 report on China’s growing military might that the People’s Liberation Army Navy (PLAN) continues to deploy submarines to the Indian Ocean and is “demonstrating its increasing familiarity with operating in that region.”

“These submarine patrols demonstrate the PLAN’s emerging capability both to interdict key sea lines of communication (SLOC) and to increase China’s power projection into the Indian Ocean,” the Pentagon argued.

The Indian navy stood up its first squadron of P-8I Neptunes, a variant of the P-8A Poseidons used by the US Navy, in 2015. It currently operates a fleet of eight, but it has placed an order for four more of these planes, which are widely recognized as the best anti-submarine warfare aircraft in the world.

Earlier this month, the US approved the sale of two dozen submarine-hunting, multi-role MH-60R Seahawk maritime helicopters to India for .6 billion.

This article originally appeared on Business Insider. Follow @BusinessInsider on Twitter.

MIGHTY TRENDING

This is what Elon Musk had to say at a Marine ball

Tesla CEO Elon Musk made a welcomed appearance at the 1st Marine Raider Battalion Ball and delivered a sobering speech that took many US Marines by surprise Nov. 3.


The 1st Marine Raider Battalion out of Camp Pendleton, California, is comprised of elite Marines under the command of Marine Corps Special Operations Command (MARSOC), the Marine Corps’ expeditionary force that typically operates in austere conditions.

Musk was invited to the event as a guest of honor because the Raiders wanted an “equally innovative” keynote speaker to honor the battalion on its birthday, a former Marine Raider commander who asked not to be named, told Business Insider. Around 400 people attended, including World War II veterans and Gold Star family members, the Marine Raider said.

Much like the secrecy of the Marine Raiders’ operations, Musk’s appearance at the event was closed to the press and kept low-key in order to “avoid a media frenzy,” the Marine Raider said.

Also Read: The Marines want self-repairing smart trucks

Like other branches of the military, formal military events are steeped in deep tradition. The Marine Corps, however, pride themselves in being a distinct group from the other branches, and their customs were reportedly noticed by Musk.

“You can tell he was a little nervous,” said Joe Musselman, the CEO of The Honor Foundation. “He was walking alongside the commanding officer of the 1st Raider Marine Battalion. You have this polished officer who’s walking in step to very traditional music.”

Musselman was invited to the event as the CEO of an organization that supports veterans.

As the Marine Raiders brought out a celebratory cake, the commanding officer of the battalion reportedly drew a sword.

“Elon kind of stepped back like, ‘Whoa, what’s going on. Why did you draw your sword at me,'” Musselman said.

The officer proceeded to serve Musk with the first piece of cake, using his sword to set it onto Musk’s plate.

“That’s intimidating for any person,” Musselman said. “A Marine Raider just served [Musk] a piece of cake off his sword. I don’t know if that was necessary in the scripts or the notes for Elon to review beforehand.”

An Army astronaut may be first prosecuted for space crime
Elon Musk, CEO of Tesla. (image OnInnovation Flickr)

‘The whole room, you could’ve heard a pin drop.’

As the guest of honor, Musk reportedly delivered the opening statement that appeared to make an impact to the group of elite Marines.

“I will never forget it; it set the tone for his entire talk,” Musselman said. “He said, ‘I wanted to come and speak to this group,’ and I get the chills even saying it, ‘Because whenever there’s danger in the world, you all are the first to go and die.”

Musk continued to say he had a great amount of respect for their service to the country, according to Musselman.

“And the whole room, you could’ve heard a pin drop,” Musselman said. “When he said that, the way he said it, it wasn’t prepared, there was no script. He was genuinely looking up in the air to find the words to say ‘Thank you for doing this for our country.'”

Following the speech, Musk offered some lessons he’s learned throughout his career in the Silicon Valley. One particular lesson he reportedly said was to always question authority — a trait that could be seen as counterintuitive to the military’s doctrine of strict obedience.

One Marine was said to have made light of the discrepancy, shouting, “You’re in the wrong room for that, sir,” and drew a few laughs.

Musk went on to discuss his companies’ involvement in the veteran community and emphasized Silicon Valley’s need for leadership and talent from veterans.

“It was quite a treat for us to have Mr. Musk,” the former Marine Raider commander said, “He [recognized] Marines and sailors would be one of the first ones in harms way.”

Also Read: Elite Marine Raiders were among those killed in tragic C-130 crash

MARSOC, a relatively new command compared to other special operations groups, was founded in 2006 to integrate Marines into the special operations community. Although media coverage of the special operations forces have largely centered on Navy SEALS and Green Berets, MARSOC Raiders have proven itself as a capable special operations force and screens its applicants as rigorously as other branches — with around 120 applicants graduating from its individual training course each year.

Military Life

Why the Army cutting out BS training was inevitable

A recent decision by the Secretary of the Army, Mark Esper, has been met with universal praise: No more stupid, mandatory training programs!

In fairness to the now-defunct online classes, yes, Soldiers should be aware of the risks inherent in traveling, the dangers of misusing social media, and that human trafficking is still a concern in 2018. But did the process of taking a four-day pass really need to include a mandatory class about why seat belts are important? Probably not.


An Army astronaut may be first prosecuted for space crime
I’m just saying, take one roll-over training class and you’ll never again drive without a seat belt.
(Photo by Airman 1st Class Joshua Magbanua)

In his April 13th, 2018, memo, Secretary Mark Esper wrote,

“Mandatory training will not have a prescribed duration for conducting the training. All mandatory training must have alternative methods of delivery which do not require the use of an automated system or project system.”

To be clear, his decision is not cancelling all military training — that’d be ridiculous. It’s just stopping the online classes that are, essentially, glorified PowerPoint presentations. These are the classes that need to get done just so a box is checked, regardless of whether a troop actually learned the lesson or not.

An Army astronaut may be first prosecuted for space crime
And everyone except the over-zealous Butterbar knows PowerPoints should be on the chopping block next.
(Photo by Sgt. Ashland Ferguson)

So, let’s break this down to a boots-on-ground level for a regular private first class trying to see his or her family over leave. According to older standards, the Soldier would have to log on the website, click “Next” repeatedly until they reach the end, and hope they can get at least a 60% on the final quiz.

Now, the responsibility is back in the hands of the NCOs. If a sergeant feels the need to break down, Barney-style, why a wearing a seat belt reduces crash-related injuries and deaths by about half, then it’s on them. If they don’t feel the need to re-explain obvious traffic laws, they can instead spend the two hours that would otherwise been used on clicking “Next” for, you know, actual military training.

MIGHTY TRENDING

This is the deal with the NASA spacewalk spacesuit change

On Friday, March 29, 2019, Christina Koch and Anne McClain were scheduled to perform a spacewalk together to upgrade the power systems of the International Space Station. It would have been the first all-female spacewalk in human history. While disappointing to many people, after the last spacewalk was completed March 22, 2019, NASA changed the assignments to protect the safety of the crew and the timing of the mission. Now, Christina Koch and Nick Hague will be performing this upcoming spacewalk, leaving lots of people are wondering: What’s the deal?


1. Why did the availability of spacesuit sizes affect the schedule?​

Spacesuits are not “one size fits all.” We do our best to anticipate the spacesuit sizes each astronaut will need, based on the spacesuit size they wore in training on the ground, and in some cases astronauts train in multiple sizes.

McClain trained in both a medium and a large on Earth. However, living in microgravity can change the size of your body! In fact, Anne McClain has grown two inches since she launched to the Space Station.

McClain realized that the medium she wore during the March 22, 2019 spacewalk was a better fit for her in space. She had planned to wear a large during the March 29, 2019 spacewalk.

In a tweet, McClain explained: “This decision was based on my recommendation. Leaders must make tough calls, and I am fortunate to work with a team who trusts my judgement. We must never accept a risk that can instead be mitigated. Safety of the crew and execution of the mission come first.”

To provide each astronaut the best fitting spacesuit during their spacewalks, Koch will wear the medium torso on March 29, 2019, and McClain will wear it again on April 8, 2019.

​2. Why is spacesuit sizing so important?

The spacesuit is a mini spaceship that keeps our astronauts alive while they are spacewalking!

Astronauts train several hours on Earth in the Neutral Buoyancy Lab for every hour they spend spacewalking. Spacewalks are the most physically demanding thing we ask astronauts to do, which is why an optimally fitted spacesuit is important to completing the assigned tasks and overall mission!

​3. How come you don’t have enough spacesuits in the right size?

We do have enough torsos. The spacesuit takes into account more than 80 different body measurements to be configured for each astronaut. The suit has three sizes of upper torso, eight sizes of adjustable elbows, over 65 sizes of gloves, two sizes of adjustable waists, five sizes of adjustable knees and a vast array of padding options for almost every part of the body.

In space, we have two medium hard upper torsos, two larges and two extra larges; however, one of the mediums and one of the extra larges are spares that would require 12 hours of crew time for configuration.

Configuring the spare medium is a very methodical and meticulous process to ensure the intricate life support system – including the controls, seals, and hoses for the oxygen, water, and power as well as the pressure garment components – are reassembled correctly with no chance of leaks.

Nothing is more important than the safety of our crew!

An Army astronaut may be first prosecuted for space crime

Astronaut Anne McClain gets assistance putting on her spacesuit during her ASCAN EVA Skills 3 Training.

(NASA)

12 hours might not seem like a long time, but the space station is on a very busy operational schedule. An astronaut’s life in space is scheduled for activities in five minute increments. Their time is scheduled to conduct science experiments, maintain their spaceship and stay healthy (they exercise two hours a day to keep their bones and muscles strong!).

The teams don’t want to delay this spacewalk because two resupply spacecraft – Northrop Grumman Cygnus and SpaceX cargo Dragon – are scheduled to launch to the space station in the second half of April 2019. That will keep the crew very busy for a while!

​4. Why has there not already been an all-female spacewalk?

NASA does not make assignments based on gender. The first female space shuttle commander, the first female space station commander and the first female spacewalker were all chosen because they the right individuals for the job, not because they were women. It is not unusual to change spacewalk assignments as lessons are learned during operations in space.

McClain became the 13th female spacewalker on March 22, 2019, and Koch will be the 14th March 29, 2019 – both coincidentally during Women’s History Month! Women also are filling two key roles in Mission Control: Mary Lawrence as the lead flight director and Jaclyn Kagey as the lead spacewalk officer.

​5. When will the all-female spacewalk happen?

An all-female spacewalk is inevitable! As the percentage of women who have become astronauts increases, we look forward to celebrating the first spacewalk performed by two women! McClain, Koch (and Hague!) are all part of the first astronaut class that was 50 percent women, and five of the 11 members of the 2017 astronaut candidate class are also women.

You can watch the upcoming spacewalk on March 29, 2019, at 6:30 ET, which is one in a series to upgrade the station’s power technology with new batteries that store power from the solar arrays for the station to use when it is in orbital night.

Articles

Here’s a way for military families to get their taxes done for free

With the tax season upon us, service members and their families can access free tax-filing software and consultations to help them navigate the task of submitting their annual taxes.


Military members and their families can visit the Military OneSource website or call 1-800-342-9647 for the no-cost “MilTax” software, explained Erika Slaton, a program analyst with Military OneSource.

The Defense Department recognizes military members and their families have unique filing situations with deployments, relocations and various deductions and credits, she said.

Related: DoD extends online military exchange shopping privileges to veterans

The MilTax software, previously known as “Military OneSource Tax Services,” was created with the military situation in mind, Slaton said.

Expert Tax Consultants Ready to Help

Tax consultants are available via phone through Military OneSource, Slaton said. In-person tax filing assistance can be accessed at military installations at a Volunteer Income Tax Assistance location.

The tax consultants can inform eligible users about the unique tax benefits available to service members and their families, Slaton said.

Tax laws change each year, Slaton pointed out, adding MilTax consultants are experts on the nuances of the law and can help users get the tax credits they earned and deserve.

“That’s why it’s such a great program because it is a program that is specifically designed for those unique military tax situations,” she said.

An Army astronaut may be first prosecuted for space crime
U.S. Air Force photo illustration by Senior Airman Aubrey White

Confidential, Secure Resources

MilTax is confidential and secure, Slaton said. The online filing program allows users to submit a federal return and up to three state tax returns, she said.

Those eligible for MilTax include members of the Air Force, Army, Navy, Marines and National Guard. Coast Guardsmen serving under Title 10 authority are entitled to the services as well. Retired and honorably discharged members are authorized for up to 180 days past their separation. Spouses, dependent children and survivors are able to use the free services as well.

Calculations are backed by a 100-percent accuracy guarantee, Slaton said.

The deadline to file taxes this year is Tuesday, April 18. The traditional tax deadline day is April 15, but it falls on a Saturday this year, and the following Monday, April 17, is Emancipation Day, in the District of Columbia — a legal holiday — according to the IRS.

Call, Click, Connect

Slaton wants the military community to know about the range of services and resources available at no cost through the Defense Department-funded Military OneSource, including related to health, family relationships, education, employment, financial issues, deployments and transitions.

Military members and their families, she said, can “call, click and connect today” to access these services.

“We encourage service members and their families to learn more about Military OneSource, MilTax and all of the services that are available because it is a benefit that they deserve,” she said.

Articles

Chinese Navy carries out brazen heist of American UUV

The People’s Liberation Army Navy stole an American unmanned underwater vehicle (UUV) conducting oceanographic research Thursday in plain view of a U.S. Navy vessel about fifty miles from Subic Bay in the Philippines.


According to a report from the Washington Examiner, the brazen heist took place in international waters as the oceanographic research vessel USNS Bowditch (T AGS 62), a Pathfinder-class ship.

The BBC reported that the vessel responsible for the heist was ASR-510, identified in Combat Fleets of the World as a Dalang III-class “rescue and salvage” ship. The Chinese vessel apparently came within 500 yards of the Bowditch, lowered a small boat and seized the littoral battlespace sensing (LBS) glider.

An Army astronaut may be first prosecuted for space crime
Daniel Braun, left, Eric Sanchez and David Barney, Systems Center Pacific engineers at Space and Naval Warfare Systems Command (SPAWAR), perform pre-deployment inspections on littoral battlespace sensing gliders aboard the Military Sealift Command oceanographic survey ship USNS Pathfinder (T-AGS 60). Each glider hosts a payload suite of sensors that will measure the physical characteristics of the water column as the glider routinely descends and ascends in the ocean. The gliders will be deployed during an at-sea test aboard Pathfinder Oct. 22-Nov. 5. (U.S. Navy photo by Rick Naystatt)

In a statement, Pentagon spokesman Peter Cook said, “Bowditch made contact with the PRC Navy ship via bridge-to-bridge radio to request the return of the UUV. The radio contact was acknowledged by the PRC Navy ship, but the request was ignored.  The UUV is a sovereign immune vessel of the United States. We call upon China to return our UUV immediately, and to comply with all of its obligations under international law.”

According to a 2010 Navy release, the LBS glider can operate for up to eight months on a lithium battery. The data gathered by these gliders assist in everything from special operations to mine warfare to anti-submarine warfare.

An Army astronaut may be first prosecuted for space crime
USNS Bowditch (T-AGS 62) — Navy file photo of the T-AGS 60 Class Oceanographic Survey Ship, USNS Bowditch. Her mission includes oceanographic sampling and data collection of surface, midwater and ocean floor parameters; launch and recovery of hydrographic survey launches (HSLs); the launching , recovering and towing of scientific packages (both tethered and autonomous), including the handling, monitoring and servicing of remotely operated vehicles (ROVs); shipboard oceanogaphic data processing and sample analysis; and precise navigation, trackline maneuvering and station keeping to support deep-ocean and coastal surveys. There are 5 ships in this class. (U.S. Navy photo)

This is not the first time the Bowditch has been involved in a maritime incident with the People’s Liberation Army Navy. Globalsecurity.org noted that a week before the 2001 EP-3 incident in which a People’s Liberation Army Navy Air Force J-8 Finback collided with a U.S. Navy electronic surveillance plane, a Chinese frigate came very close to the unarmed vessel. The Bowditch, which is manned by a civilian crew, also was involved in incidents in 2002 and 2003.

China claims ownership of the South China Sea, marking its claims with a so-called “Nine-Dash Line.” An international panel rejected Chinese claims earlier this year in a case brought by the Philippines. The Chinese boycotted the process, and have since armed a number of artificial islands in the disputed region. Shortly after the ruling was issued, Chinese forces rammed and sank a Vietnamese fishing vessel in the disputed waters.

MIGHTY TRENDING

Why America needs an independent Space Force

President Trump’s recent declaration of a new Space Force was met with ridicule in many quarters. Yet, the reality is that the United States does urgently need a dedicated military space branch that is separate from its Air Force.


Space matters

While the United States has somewhat neglected its space program over the past twenty-five years, China has escalated its efforts in this area, including launching numerous manned space flights, landed a rover on the moon, and deployed multiple unmanned space stations. This has spurred a regional space race with India, Japan, South Korea, North Korea, Taiwan, and Iran and more besides. The goal for the most ambitious of these states is not merely to equal American accomplishments, but to push past them, including establishing permanently manned space stations, landing astronauts on the Moon and Mars, and building lunar habitations. If achieved, these feats could knock the United States out of the lead in space for the first time since Soviet Cosmonaut Yuri Gagarin orbited the earth in 1961.

An Army astronaut may be first prosecuted for space crime

Soviet cosmonaut Yuri Gagarin

The rise of these competitors poses real challenges for the United States, including most worryingly a possible militarization of space by unfriendly forces. China demonstrated this peril in 2007 when it used a satellite killer to destroy one of its own satellites, raising the possibility that it could deploy a battery of these kinetic kill vehicles to paralyze America’s communications grid in a future war. This is merely the tip of the iceberg of what China and others could do if they are allowed to dominate space, including constructing orbital missile platforms that could be used to intimidate or even attack the United States and its allies.

Resource competition is also a major concern, with the need to locate and tap into alternative resource pools becoming increasingly important as the world burns ever more rapidly through its remaining natural resources. The potential for the harvesting of metals, minerals, water, and other materials from the moon and asteroids by states such as China and Japan could begin as early as 2025. If the United States lags behind its rivals in building the capacity and human expertise in this area, as well as in protecting its own efforts to conduct this kind of resource harvesting, this will have a ripple effect on its ability to maintain its superpower status, both in space and terrestrially.

Finally, terrestrial communications increasingly depend upon Global Navigation Satellite Systems. America has possessed relative hegemony in this area through its Global Positioning System for decades, but this is now coming under fire from the new Chinese Beidou, European Galileo, and Russian GLONASS systems – with Japan and India in close pursuit. American can ill afford to risk having its systems potentially compromised should one or more other powers decide to try to shut its communications network down once their version is fully operational.

An Army astronaut may be first prosecuted for space crime

American Society of International Law Space Interest Group

Space law is deficient

The United States needs to protect its interests and prevent other states from achieving dominance in space. It cannot depend upon international law acting as a check against the potential overreach and aggression of other states in this domain. One reason for this is that most space laws were drawn up during the Cold War and, as a result, are often vague towards current day issues or omit them altogether. This provides considerable leeway for the rising space states to act aggressively under the pretext of operating in legal grey zones, even if their actions go against the spirit of the law.

Even in those cases where the law is clear, the new space states may break it to achieve particularly high priority goals (even if they will never acknowledge their acts as breaches of the law). History is plagued with examples of these violations on earth, such as the recent Russian illegal annexation of Crimea and China’s decision to disregard the 2016 ruling by the International Court of Justice against its activities in the South China Sea. There is no reason to believe that states that have placed their strategic interests ahead of the law on earth in the past are likely to behave any differently in space in the future.

The limitations of international space law, along with the likely willingness of the rising space states to disregard it when advantageous to them, means that the United States needs to supplement its respect for the law with the maintenance of an effective military space force. This is essential for helping it to protect and advance its interests in space, as well as to avoid falling behind its rivals.

An Army astronaut may be first prosecuted for space crime

(NASA photo)

Space-mindedness

Some analysts might agree with the above points but argue that this force requirement can be best met by maintaining America’s military space assets inside its Air Force.

This was the same logic that was advanced regarding the Air Force itself during the early 20th century, at which time America’s air assets were housed primarily in the Army and to a lesser degree the Navy. Keeping America’s military air assets split between the Army and Navy was a bad idea because it inherently shepherded the use of air power towards the accomplishment of ground and maritime goals. This prevented America’s air power from achieving its full potential by hampering the appearance of a more comprehensive approach towards airpower at tactical, operational, and strategic levels, often referred to as “Air-Mindedness.” The narrow-sightedness of this approach was finally recognized and corrected in 1947 when the U.S. Air Force was created as a separate branch.

Today, most of America’s military space assets operate as Air Force Space Command in the United States Strategic Command (USSTRATCOM). This places them as a branch of the Air Force, operating under a broader combined command that involves seven different mediums. This may be admirably inter-service in intent, but subordinating America’s military space assets to other entities in this way limits the ability of space power specialists to develop a “Space-Mindedness” in the same way that keeping America’s air assets within the Army and Navy hindered the development of “Air-Mindedness.” This curtails America’s space assets from being able to concentrate on pivotal new space challenges, such as space-to-space (rather than just space-to-ground) interactions with rival powers and the defense of American military and civilian equipment in orbit and beyond.

America’s military space assets have also been bedeviled by a constrained ability to represent their importance to the government and the public directly. Despite protestations that the Air Force already does space, it allocates surprisingly few resources to this area: Space Command consists of just 38,000 personnel and an estimated budget of billion. This can be compared to an overall Air Force tally of roughly 320,000 personnel and 5 billion. By standing as an independent agency, the Space Force could lobby more effectively for space to feature higher on the Pentagon’s agenda and for it to be allocated the budget that the domain deserves.

An Army astronaut may be first prosecuted for space crime

Apollo 11: Buzz Aldrin on the Moon

Misplaced critiques

Despite these advantages, considerable opposition has been voiced against moving America’s military space assets out of the Air Force. It is worth bearing in mind, however, that considerable clamor also broke out against the idea of an independent Air Force before 1947.

Some of the backlash is probably fuelled by the well-known maxim that government agencies inherently resist efforts to slim themselves down. Resistance also likely stems from a habitual attachment to known structures and systems, along with the other inevitable causes of reticence towards change that afflict most organizations facing major shake-ups. These reasons are insufficient to reject the creation of a separate Space Force, but they do speak to the need for the transition to carefully planned and sensitively handled.

There is also a fear that an independent Space Force might become parochial and that coordination between the new agency and the Air Force would suffer. This concern has some merit, but it is still flawed. When the Air Force was detached from the Army back in 1947, inter-service rivalries did occur, but the two branches have worked on ironing these out, and cooperation has improved. They certainly have a better relationship now than they would have done if one had continued to be hierarchically superior to the other. There is no reason to believe that an independent Space Force would abandon its ties with the Air Force, but the two agencies would want to acknowledge the concern and work to ensure that inter-agency coordination endures and even grows after the split.

We live in a world where China, India, and other powers are rushing to the Moon and beyond with their space programs. The United States cannot depend exclusively upon international space law to preserve its leadership in this domain, but must instead create an independent Space Force that can work holistically to protect and advance American interests in space.

This article originally appeared on Real Clear Defense. Follow @RCDefense on Twitter.

MIGHTY CULTURE

New bill would cover cost of service dogs for veterans with PTSD

Lawmakers and veterans advocacy groups are ready for change after waiting nearly a decade for the Department of Veterans Affairs to change its policy on not reimbursing service dogs for veterans suffering from post-traumatic stress disorder.

The Puppies Assisting Wounded Servicemembers, or PAWS, Act would require the VA to offer $25,000 vouchers to veterans suffering with PTSD for use at qualifying nonprofits. Currently, the VA only supports service dogs for use in mobility issues, not in cases that only involve mental health conditions.


In 2010, Congress mandated the VA study the use of service dogs for PTSD and other mental health problems. But the pilot was suspended twice when two service dogs bit children and some dogs experienced health issues. The department has since started the study back up, but the results won’t be published until next year.

An Army astronaut may be first prosecuted for space crime

K9s for Warriors is the nation’s largest nonprofit connecting veterans to service dogs. Its program trains rescue dogs to be service dogs for post-9/11 veterans with post-traumatic stress disorder, traumatic brain injury, and/or military sexual trauma.

(K9s for Warriors)

Now with an estimated 20 veterans committing suicide a day, bill authors Rep. John Rutherford, R-Florida, and Sen. Deb Fischer, R-Nebraska, are hoping service dogs help reduce the tragic numbers.

“Veterans with PTSD may have left the battlefield, but they are still in a tough fight,” Fischer said in a news release. “Service dogs can provide support, peace, and joy to these Americans as they confront the invisible scars of war.”

These grants would help expand the reach of nonprofits currently training and connecting service dogs to veterans with a mental illness, often for free.

The act so far has a bipartisan group of 37 cosponsors. But a similar bill introduced three years ago didn’t get out of committee.

For Rory Diamond, CEO of one of the K9 for Warriors, one of the largest nonprofits that would be affected by this legislation, it’s taken the VA too long to change its policy that “there is not enough research to know if dogs help treat PTSD and its symptoms.”

An Army astronaut may be first prosecuted for space crime

K9s for Warriors is the nation’s largest nonprofit connecting veterans to service dogs. Its program trains rescue dogs to be service dogs for post-9/11 veterans with post-traumatic stress disorder, traumatic brain injury, and/or military sexual trauma.

(K9s for Warriors)

“People are always asking me what is it the dogs actually do,” Diamond said. “The genius of the dog, or the magic, is it gets the warrior out the front door. You have a reason to get up in the morning because the dog needs to be fed and walked.”

The service dog can also help a veteran feel secure in a crowd, he added, and help them get a better night’s sleep by waking them up at the first sign of a nightmare.

Dogs alone do not necessarily cure veterans, but recent studies from the Purdue College of Veterinary Medicine and the National Institutes of Health showed service dogs have had a positive effect.

“Now we have a growing body of research that says the VA needs to do this. That the dogs are working,” said Diamond, whose organization helped with one of the studies. “We did rigorous studies on our warriors, and it was published in a prestigious journal, peer reviewed. It’s not made-up monkey science. It’s just real science.”

An Army astronaut may be first prosecuted for space crime

K9s for Warriors is the nation’s largest nonprofit connecting veterans to service dogs. Its program trains rescue dogs to be service dogs for post-9/11 veterans with post-traumatic stress disorder, traumatic brain injury, and/or military sexual trauma.

(K9s for Warriors)

A VA spokesman said via email the department does not take positions on research done by groups outside of their purview.

“We strive to complete research at VA according to the highest ethical and scientific standards with a focus on the safety of Veterans and their families,” the official said.

The VA’s first report will be released early summer 2020 and will address whether service dogs or emotional support dogs helped veterans with PTSD. The second part, to be released about six months later, will report whether the kind of dog factored into “health economics savings,” which would be factors like reduced hospital stays and reduced reliance on medication.

The VA has not yet taken a position on the PAWS Act.

“The need is so high,” Diamond said, “and these dogs are saving lives in the face of a veteran suicide crisis.”

This article originally appeared on Military.com. Follow @militarydotcom on Twitter.

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This is how enemies hack America — according to a cyber warrior

The media’s craze surrounding possible Russian interference with the US election through hacking isn’t going away anytime soon. Though the hype is primarily political, it’s important to separate fact from fantasy.


Tangibly, the overarching processes that corporations and nation-states use to gain advantage over a competitor or adversary are quite common. It’s important to evaluate how these attacks are used in the world today. The two main vectors used to attempt to exploit our election were Spear-Phishing and Spoofing.

Spear-Phishing

Spear-phishing targets select groups of people that share common traits. In the event of the Russian hack, the Russian General Staff Main Intelligence Directorate, or GRU, and affiliated non-governmental organizations (companies, organizations, or individuals loyal to Russia), sent phishing emails to members of local US governments, and the companies that developed the voting-registration systems.

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USCG photo by Petty Officer 3rd Class Andrew Barresi

Their intent was to establish a foothold on a victim’s computer, so as to perpetrate further exploitation. The end-result of that exploitation could allow manipulation and exfiltration of records, the establishment of a permanent connection to the computer, or to pivot to other internal systems.

Spoofing

Spoofing is an act in which one person or program successfully masquerades as another by falsifying data, thus gaining an illicit benefit. Most people understand spoofing in terms of email, whereby an attacker spoofs, or mimics, a legitimate email in order to solicit information, or deploy an exploit.

As it relates to the Russian situation, spoofing a computer’s internet protocol (IP) address, system name, and more, could have allowed a successful spear-phisher to bypass defenses and pivot to other internal systems. This kind of act is so trivial, some techniques are taught in basic hacking courses.

An Army astronaut may be first prosecuted for space crime
US Air National Guard photo illustration by Staff Sgt. Kayla Rorick.

Ignore the Hype

What we know from reporting, as backed by unauthorized disclosures, is that defense mechanisms appear to have caught each of the spear-phishing and spoof attempts. Simply put, there is no information to suggest Russia had success.

For political reasons, politicians have worked hard to make this a major talking-point. However, these same politicos cannot speak in absolutes, because there simply wasn’t a successful breach—let alone one able to compromise the integrity of our national election.

One piece of information to note: these attacks are some of the most common seen in the cyber world. There is nothing revolutionary about these vectors, or how they are employed against government, commercial, and financial targets. This isn’t to suggest it is a moral or acceptable practice, rather the reality of life in the Information Age.

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Army Reserve photo by Sgt. Stephanie Ramirez

Hollywood Sucks

I would be remiss if I didn’t make a note about the way Hollywood (and media in general) portrays hacking in a way that is mystical and comical. The portrayals only serve to conflate an issue that is easily managed with thoughtful consideration and implementation of best-practices.

This is why we can’t have nice things.

(Kyle Buchanan | YouTube)
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This aging Russian plane was the Tomahawk strike’s target

The strike on Shayrat Air Base was intended to take out a number of targets, but one plane in particular was top of the list: The Su-22 Fitter.


According to Scramble.nl, two squadrons of this plane were based at the Shayrat air base that absorbed 59 T-LAMs. But why was this plane the primary target, as opposed to the squadron of MiG-23 Floggers? The answer is that the versions of the MiG-23 that were reportedly based there were primarily in the air-to-air role. The MiG-23MLD is known as the “Flogger K” by NATO. The two squadrons of Su-22 Fitters, though, specialized in the ground attack mission.

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A pair of Su-22M4 Fitters, similar to those based at Shayrat Air Base in Syria. (Photo from Wikimedia Commons)

According to militaryfactory.com, the Su-22 is one of two export versions of the Su-17, which first entered service in 1969. Since then, it has received progressive improvements, and was widely exported to not only Warsaw Pact countries but to Soviet allies in the Middle East and to Peru. The Russians and French teamed up to modernize many of the Fitters still in service – and over 2,600 of these planes were built.

According to the Encyclopaedia of Modern Aircraft Armament, the Su-17/Su-20/Su-22 Fitter has eight hardpoints capable of carrying up to 11,000 pounds of munitions. It also has a pair of MR-30 30mm cannon. It is capable of a top speed of 624 knots, according to militaryfactory.com.

An Army astronaut may be first prosecuted for space crime
A Libyan Su-22 Fitter – two of these were shot down by Navy F-14s in 1981. (US Navy photo)

The Fitter has seen a fair bit of combat action, including during the Iran-Iraq War, the Yom Kippur War, Desert Storm, Afghanistan, and the Russian wars in Chechnya.

Recently, it saw action in the Libyan Civil War as well as the Syrian Civil War.

While it has performed well in ground-attack missions, it was famously misused by then-Libyan dictator Muammar Qaddafi to challenge U.S. Navy F-14 Tomcats over the Gulf of Sidra in 1981. Both Fitters were shot down after an ineffectual attack on the Tomcats.

During Desert Storm, the Iraqi Air Force lost two Su-22s, then two more during Operation Provide Comfort.

The Fitter did get one moment in the cinematic sun, though. In the Vin Diesel action movie “XXX,” two Czech air force Fitters made a cameo during the climactic sequence.

MIGHTY HISTORY

How the National Korean War Veteran’s Memorial came to be

After observing Memorial Day 2018, we thought it would be appropriate to draw attention to a unique series in our Still-Picture Branch, RG 117-KDS, which covers a competition that took place in the 1980’s to design the Korean War Veterans Memorial.

In 1986, the American Battle Monuments Commission was authorized to build a war memorial honoring United States veterans of the Korean War, which took place between 1950 and 1953. A competition to design the war memorial, to be located in Washington D.C., was established in collaboration with the Army Corps of Engineers, and saw over 500 submissions sent in for deliberation. Out of those 500+ submissions, three submissions were awarded a 1st, 2nd, and 3rd place designation. Reflecting upon the National holiday, I decided it would be interesting to highlight those submissions, as well as another I found particularly powerful.


My Pick:

Slide 1 of writer's chosen memorial design

Slide 2 of writer's chosen memorial deisgn

While going through each of the color slides, I came across a design submitted by Pamela Humbert. This design is based around a reflecting pool, featuring bronze maps of major phases of the Korean War, and is flanked with four rectangular monuments and four statues of veterans. I felt the organization of the monument was fluid, meaningful, and an effective way to memorialize and honor the sacrifice of our veterans. Kudos to Pamela!

Now for the official place winners.

3rd Place:

Slide 1 of the third place memorial design

Slide 2 of the third place memorial design

The submission that took 3rd place was submitted by Mark P. Fondersmith, and features a design centered around the charge of the South Korean flag, called the Taeguk, which symbolizes balance. Surrounding the Taeguk centerpiece, in the memorial, are other symbols and statues meant to honor and remember the veterans who fought in Korea.

2nd Place:

Slide 1 of the second place memorial designSlide 2 of the second place memorial design

The 2nd place submission was designed by Ronald C. Nims and uses the 48-star flag (remember, Alaska and Hawaii weren’t states until 1959!), as well as a curving stone structure, as the focal point of the memorial. The curving stone structure was designed to “symbolize the tremendous struggle against overwhelming odds.” The memorial design also features three reflecting pools and a plaza allowing for large gatherings.

1st Place:

Slide 1 of the winning memorial deisgnSlide 2 of the winning memorial design

The 1st place designation was awarded to the team of John Paul Lucas, Veronica Burns Lucas, Don Alvero Leon, and Eliza Pennypack Oberholtzer. Originally projected to feature 38 soldiers adorning the path between the entrance and the plaza, the final product created controversy, as the designing group claimed their original submission was significantly altered by the company that was awarded the building contract — As it stands today, the memorial features 19 stainless steel statues representing two columns of ground troops, advancing in a triangular pattern, including 14 Army, 3 Marine, 1 Navy and 1 Air Force members. It’s located at the National Mall, across from the Vietnam Veterans Memorial, and near the Lincoln Memorial.

This article originally appeared on The National Archive. Follow @USNatArchives on Twitter.

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That time American and Russian tanks faced off in a divided Berlin

Continuing tensions with Russia over its annexation of Crimea, backing of separatists in Ukraine, dealing weapons to the Taliban, and the hacking of the U.S. elections have led to many people on both sides of the divide saying that current U.S.-Russian tensions are worse than they were in the Cold War.


Apparently, those people have forgotten that U.S. and Russian troops killed each other a few times, conducted a standoff with tactical nuclear weapons in Cuba, and stared each other down in armed tanks in divided Berlin.

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This is one of the most boss photos on this site. (Photo: Central Intelligence Agency)

The incident started on Oct. 22, 1961, when America’s senior diplomat in West Berlin, E. Allan Lightner, Jr., attempted to cross the newly-erected Berlin Wall at a major checkpoint, Checkpoint Charlie. He was stopped by East German authorities who wanted to see his papers, but Lightner insisted that only the Soviets had the authority to check his papers.

He eventually turned back from the border, but Gen. Lucius Clay ordered that the next U.S. diplomat who needed to cross the border would be accompanied by military police in armed Jeeps. The next diplomat did cross the border with the Jeeps.

But Clay still wasn’t satisfied. He sent M48 tanks to the checkpoint and had them rev their engines. The Soviet commander requested permission to call an equal number of tanks out in response and Soviet Premier Nikita Khrushchev approved it.

An Army astronaut may be first prosecuted for space crime
American tanks at Checkpoint Charlie in October 1961. (Photo: Central Intelligence Agency)

So T-55 tanks pulled up to the opposite end of the street and, approximately 82 yards away from each other, the two sides threatened each other for 16 hours from Oct. 27-28, 1961.

News crews rushed to the scene and the world watched with bated breath to see if this would be the flame that set off the powder keg and descended the world into nuclear war.

But neither country wanted to fight World War III over paperwork in Berlin. President John F. Kennedy ordered back channels to be opened to reach a negotiation. Khrushchev agreed to a deal where the countries would take turns withdrawing a single tank at a time.

An Army astronaut may be first prosecuted for space crime
Soviet tanks withdraw from Checkpoint Charlie at the end of the crisis. (Photo: Central Intelligence Agency)

The Soviets withdrew a T-55 and, a few minutes later, America pulled back an M48. The process continued until Checkpoint Charlie and its Soviet counterpoint had returned to their normal garrisons of a few soldiers on either side.

Today, the intersection has a replica checkpoint and a number of historical exhibits. Aside from the Cuban Missile Crisis the following year, Checkpoint Charlie may be the closest America and Soviet Russia came to blows in open warfare.

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