Space, Sovereignty, and the Private Frontier: A Conversation with Tom McSorley, General Counsel, NATO DIANA | Formerly Space X

Beyond the Kármán Line with Ms. Sarah Banco, Former Senior Director of Legal Corporate at SpaceX

Professor Laura K. Donohue with Ms. Sarah Banco, Former Senior Director of Legal Corporate at SpaceX As commercial actors rapidly expand humanity’s presence beyond Earth, one critical question emerges: who governs space? In this episode of NatSec EmTech, Prof. Laura K. Donohue sits down with Sarah Banco, formerly of SpaceX, to unpack the evolving legal, geopolitical, and technological landscape of commercial space exploration. From the Outer Space Treaty and the Rescue and Return Agreement to questions of sovereign liability and private-sector accountability, this conversation explores the legal frameworks shaping the future of space operations. Are commercial entities like SpaceX bound by international law in the same way as nation-states? If a foreign actor attacks a commercial spacecraft, could it be treated as an attack on the United States? Conversely, can states be held responsible for the actions of private space companies operating under their jurisdiction? The discussion also examines the deeper implications of humanity becoming a multi-planetary species. Could commercial expansion into space raise concerns about sovereignty and non-appropriation? Is the rise of private space companies comparable to any historical entities? Beyond law and geopolitics, the episode dives into the engineering realities of reusable launch systems, in-space refueling, and the practical challenges of sustaining long-term space exploration. Why is Mars the ultimate destination for SpaceX? Why not the Moon? And what lies ahead in the quest to make life multi-planetary? Join us for a fascinating conversation at the intersection of national security, emerging technology, international law, and the future of humanity in space. Disclaimer: Sarah Banco is no longer associated with SpaceX. The views expressed in this podcast are solely the personal views of the guest and should not, under any circumstances, be attributed to SpaceX or NatSec EmTech.

Jurisprudence in Zero G: Space Law 101 with Col. Todd Pennington, U.S. Air Force, Ret., (former) Staff Judge Advocate USSPACECOM

What if the future of space isn’t driven by innovation but by 60-year-old treaties, fragmented regulatory regimes, and a legal vacuum no one’s rushing to fill?   As commercial space activity accelerates and geopolitical stakes rise, the question is no longer whether space law matters but whether it’s ready for what’s coming next?  In this episode, Colonel Todd Pennington (USAF, Ret.) breaks down the foundations of space law from ownership and sovereignty to liability, regulation, and the growing role of private actors. As commercial expansion accelerates and geopolitical competition intensifies, legacy frameworks are being pushed far beyond what their drafters ever envisioned.   Here's a guided walkthrough of the episode:   [01:44] Ad Coelum and the origins:  Who really “owns” space, and how early legal thinking continue to shape today’s debates   [05:21] The Outer Space Treaty (1967): While International law guarantees freedom of exploration coupled with state responsibility, are there any hidden underlying asymmetries?    [10:33] Rescue & Return Agreement (1968): What happens when astronauts or space objects land in foreign territory? Are the rules same for other state objects too?    [12:28] Liability Convention (1972): Who pays when satellites collide or cause damage? Is this liability fault- based or absolute?  And can private companies negotiate on their own?   [16:19] Registration convention 1976: States must provide information about each space object they place in outer space, but is there real global transparency and why it matters?    [17:36] The Moon Agreement, 1984: The Moon as the “common heritage of the mankind”. But why did the Agreement fail?   [20:09] Bogota Declaration, 1976: Can Equatorial countries’ claim segments of geostationary orbit above their land?    [22:28] LEO, MEO, GEO and Beyond: How do satellite congestion and the strategic importance of Lagrange points position orbital space as the next geopolitical frontier?   And much more…   Follow us on: LinkedIn | Twitter | Instagram   Join the Center for National Security Club and be part of the conversation shaping tomorrow’s national security landscape.

Space, Sovereignty, and the Private Frontier: A Conversation with Tom McSorley, General Counsel, NATO DIANA | Formerly Space X

Space is no longer the exclusive domain of the public sector. Commercial actors are driving innovation at an unprecedented pace, reshaping how space is accessed, built, and governed. As private capabilities expand, governments increasingly rely on commercial partnerships to secure the technologies and infrastructure essential to national security and strategic advantage. But what does that reliance mean? Does it make governments responsible for the actions of private actors in space? Are we regulating a rapidly evolving frontier with legacy domestic laws? Is space law merely an ancillary extension of existing authorities or does it require a fundamental rethinking? And if nations cannot align internally on regulatory frameworks, how can they coordinate effectively on the international stage? In this conversation, Tom McSorley, currently General Counsel at the NATO Defence Innovation Accelerator for the North Atlantic (DIANA), and formerly with SpaceX unpacks the tension between innovation and regulation, sovereignty and partnership, ambition and restraint. We examine the biggest regulatory inhibitors facing the United States, explore what the space ecosystem could look like 15 years from now, and wonder whether point-to-point travel through space across Earth’s surface is closer than we think? Disclaimer: The views expressed in this podcast are the personal views of the guest and shall in no circumstances be attributed to NATO, DIANA, or NatSec EmTech.

NatSec EmTech Trailer

The future of national security is no longer on land, it’s in code, labs, and orbit. Georgetown University’s Center for National Security is proud to launch NatSec–EmTech, a  podcast hosted by Professor Laura Donohue, exploring the world of AI, VR, space, cryptocurrency, biomanipulation and more. Excited? Join us on April 16  for our debut season on Space Law because it is not science fiction, it is National security.