[Discuss] [mil-oss] Re: Fwd: ITAR, public domain, and open source

J. Simmons jrs at mach30.org
Thu Oct 10 14:24:11 UTC 2013


David,

While I agree that ideally we want to release as much as we legally can as
fully open source, I imagine there are many technologies that open source
space organizations like Mach 30 (and even groups working in other areas
including UAVs and communications) for which the US government in
particular will not be willing to clear for public release.  In those
cases, we are left with four choices:

1. Abandon the project(s) in question (and possibly our organization's
mission)
2. Lobby for significant changes to export controls
3. Simply ignore the law and do what we want
4. License our projects as openly as we can, enforcing export controls as
required on a project by project basis

For us at Mach 30, we have decided option 1 is simply unacceptable.  Our
mission is too important to the board and our volunteers.  As a 501c3, Mach
30 cannot take up option 2 (and honestly even if we could, I am afraid we
could lobby until we were blue in the face and still not get clearance to
release the full plans for anything resembling a launch vehicle).  Option 3
is also unacceptable to Mach 30, as the risks of unpayable fines and jail
time are just too great.  Which is how we get to our approach to export
controls - Option 4.  You can see more details (including several longer
term plans for moving as much technology as possible to fully open source
within the regulatory environment of ITAR and friends) here at the Mach 30
Export Control Task Force web page - http://mach30.org/ectf/

 -J


On Wed, Oct 9, 2013 at 5:42 PM, Wheeler, David A <dwheeler at ida.org> wrote:

> For export control you really want approval for public  release (by the
> “cognizant U.S. government department or agency”).****
>
> ** **
>
> Trying for an “export control license” goes down the wrong trail, because
> such a license is designed to allow **limited** distribution.  Which
> isn’t what you want.****
>
> ** **
>
> --- David A. Wheeler****
>
> ** **
>
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>


-- 
J. Simmons, President
Mach 30: Foundation for Space Development
http://mach30.org
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