[eagle] The ITAR Nail on the Head

Bill Tynan btynan at beecreek.net
Sun Sep 7 10:42:49 PDT 2008


All:

I would conclude that Bill Ress has HIT THE ITAR NAIL ON THE HEAD!

The {  }ed words or phases from the ITAR document are those I chose to emphasize. 

The [  ]ed comments are mine. 

120

(5) This definition does {not} include information concerning general scientific,mathematical or engineering principles commonly taught in schools, colleges and universities or information in the {public domain} as defined in § 120.11. It also does not include basic marketing information on function or purpose or general system descriptions of defense articles.

[I cannot believe that anything we are doing is THAT new and innovative that its basic tenets are not being taught in college. Yes, it may very well be based on using that information in innovative ways.] 

§ 120.11 Public domain.

(a) Public domain means information which is {published} and which is generally accessible or available to the public:

(1) Through sales at newsstands and bookstores;

(2) Through {subscriptions} which are available without restriction to any individual who desires to obtain or purchase the published information;

[Our Journal is available to ANYONE who wishes to join AMSAT (subscribe).]

(3) Through second class mailing privileges granted by the U.S. Government;

(4) At libraries open to the public or from which the public can obtain documents;

(5) Through patents available at any patent office;

(6) Through {unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public, in the United States;}

[ANYONE can attend our Symposia. There is not even a need for membership.]

(7) Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency (see also § 125.4(b)(13) of this subchapter);

[I'm not sure about this one, but I believe it refers to work done under Government auspices/contract.]

(8) Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if:

[This should clear the way for schools with foreign students working on Cubsts etc.]

(i) The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or 

(ii) The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.

121.1

CATEGORY XV-SPACECRAFT SYSTEMS AND ASSOCIATED EQUIPMENT

* (a) Spacecraft, including communications satellites, remote sensing satellites, scientific satellites, research satellites, navigation satellites, experimental and multi-mission satellites.

{*NOTE TO PARAGRAPH (a): Commercial communications satellites, scientific satellites, research satellites and experimental satellites are designated as SME only when the equipment is intended for use by the armed forces of any foreign country.}

[I don't know when, or how this provision got in there; but it seems like it's exactly what we have be wanting all along. Our satellites are NEVER intended for use by ANY armed forces, foreign or domestic. it seems to me to let us off the hook as it were.

Let's go!]



73,

Bill Tynan, W3XO LM-10

Past President and Board Chairman, now Senior Advisor (GEEZER) 



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