[eagle] Re: 2008 Symposium deadline

John B. Stephensen kd6ozh at comcast.net
Mon Sep 8 15:40:19 PDT 2008


I just read ITAR for the first time (I had lawyer to read and interpret it 
in the past) and it's clear that although commercial and research satellites 
are not SME they are still defense articles and therefore covered by ITAR. I 
interpret the public domain exemption as giving permission to disclose 
previously published information rather than publish new information.

73,

John
KD6OZH

>>
>> ----- Original Message ----- From: "Bill Ress" <bill at hsmicrowave.com>
>> To: "Howard Long" <eagle at howardlong.com>
>> Cc: "'Frank Brickle'" <brickle at pobox.com>; <eagle at amsat.org>; "'Daniel 
>> Schultz'" <n8fgv at usa.net>
>> Sent: Sunday, September 07, 2008 15:08 UTC
>> Subject: [eagle] Re: 2008 Symposium deadline
>>
>>
>>> Hello Howard, et al,
>>>
>>> I'm trying to get the BOD to focus on getting ITAR understood and to
>>> resolve a set of guidelines for the technical teams,
>>>
>>> I must agree with your comments about "public domain". In the AMSAT BWI
>>> meeting, that was the tact determined we should use
>>>
>>> Here's the references in ITAR for everyone to read:
>>>
>>> The stuff is on the web at:
>>>
>>> http://pmddtc.state.gov/official_itar_and_amendments.htm
>>>
>>> _Read 120.10 Technical Data especially (5) and then read 120.11 Public 
>>> Domain_
>>>
>>> I still believe our comments at BWI concerning putting our work in the
>>> public domain are valid.
>>>
>>> Then look at _121.1 Category XV_ - Spacecraft Systems and Associated
>>> Equipment ESPECIALLY the NOTE TO PARAGRAPH (a) and ask yourself - - are
>>> our satellites intended for use by the armed forces of any foreign
>>> country? The way I read it, if they aren't, the paragraph doesn't apply
>>> to us and the rest of the stuff that follows doesn't fit us.
>>>
>>> Now this is not a legal opinion since I'm no ITAR lawyer, but we have to 
>>> quit running scared regarding ITAR since we know we aren't munitions 
>>> manufacturers or exporters, so let's focus on the statements that would 
>>> exclude us.
>>>
>>> Regards...Bill - N6GHz
>>>
>>>
>>>
>>> Howard Long wrote:
>>>> Hi Lyle et al,
>>>>
>>>>
>>>>> 2) For the same reasons, ITAR prevents us from making
>>>>> a presentation at any AMSAT Symposium with any technical
>>>>> content except perhaps the most general.
>>>>>
>>>>
>>>> I am definitely no lawyer, but I thought that there was specific 
>>>> exemption
>>>> in the definition of "public domain" in 22 CFR 120.11(6):
>>>>
>>>> "Through unlimited distribution at a conference, meeting, seminar,
>>>> trade show or exhibition, generally accessible to the public in the
>>>> United States"
>>>>
>>>> http://edocket.access.gpo.gov/cfr_2002/aprqtr/22cfr120.11.htm
>>>>
>>>> Cheers, Howard G6LVB
>>>>
>>>> _______________________________________________
>>>> Via the Eagle mailing list courtesy of AMSAT-NA
>>>> Eagle at amsat.org
>>>> http://amsat.org/mailman/listinfo/eagle
>>>>
>>>>
>>>>
>>> _______________________________________________
>>> Via the Eagle mailing list courtesy of AMSAT-NA
>>> Eagle at amsat.org
>>> http://amsat.org/mailman/listinfo/eagle
>>
>>
>> 



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