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You don’t get it. Sorry, this is an “is-ought” thing. Sure we could mandate this. But are we going to? Do the systems exist that would actually mandate this?

Looking at things right now? I would say no. We will see, maybe in up my own ass on this, but I see a pretty big set of changes coming down the pike. Adapt or die (as unpalatable as that may seem).

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If you don't mandate anything, then they're going to build the dirty one.

So what kind of laws would lead to the orbital option being preferred over the ground-based clean option?

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Well, arguably from the get go an orbital datacenter would be better. If launch costs were low enough I would say that as much industry as possible should be moved off planet, and we should make earth into a garden?
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We're still doing all the mining and manufacturing on Earth, and there's so much empty land. The final product of self-powered datacenter is among the lowest priority of things to get away from us, and not an effective place to spend environmental mitigation money. And then when they re-enter they pollute pretty badly.
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