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

Justin Cook azjcook at gmail.com
Thu Oct 10 14:38:23 UTC 2013

I would love to say that DoS is going to give a broad public release
license, but the data we are discussing is about space technology, which is
heavily controlled by the U.S. government and I don't know if there is a
mechanism to get  broad public release license. DoS would say that is why
they provide the ability for an export license, or if you need to work with
international partners, a technical assistance agreement (TAA). I am only
talking about ITAR here since EAR would have different options.


On Thu, Oct 10, 2013 at 8:24 AM, J. Simmons <jrs at mach30.org> wrote:

> 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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