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

Kit Plummer kitplummer at gmail.com
Thu Oct 10 16:06:40 UTC 2013


The "public release" process really isn't that difficult.  If you can 
prove that your wares don't mention a weapon system...

The hardest part is getting the Program peeps to rationalize the 
separation of concerns within the software architecture which would 
allow for the wares to be released.  Then, educating them on how to 
treat something they own as any other piece of software, and building in 
the ingest process as it is any other OSS software they are dependent on.

Kit

On 10/10/13 8:56 AM, J. Simmons wrote:
> David,
>
> Glad to hear we are not alone in wanting to see significant changes in
> export controls.  And, yeah, what we want is open source, so whenever
> possible we will be doing whatever is necessary for full public release
> whenever it is possible.  In the mean time we will just take the, as you
> put it, rational approach.
>
> Yes, I'd like to learn more about that push for significant changes.
>   It's good to keep up with what others are doing in this work.
>
>   -J
>
>
> On Thu, Oct 10, 2013 at 11:17 AM, Wheeler, David A <dwheeler at ida.org
> <mailto:dwheeler at ida.org>> wrote:
>
>     I stand by my earlier statement that if you **want** something
>     released as OSS, then you really **want** “approval for public
>     release.”____
>
>     __ __
>
>     But if that will not happen, then obviously you need to look at
>     alternatives.  As always, we don’t always get what we want J.   We
>     all agree that simply “ignoring the law” is a bad idea.  There’s
>     actually been a multi-year push for significant changes to export
>     controls, with little to show for it; we can talk about that
>     separately if you’d like.  However, I despair of any serious fixes
>     to export controls in the near term, even if you tried.____
>
>     __ __
>
>     So I think doing what you can, and enforcing the rules as required
>     by law, is the rational decision… just as you stated.____
>
>     __ __
>
>     --- David A. Wheeler____
>
>     __ __
>
>     __ __
>
>     __ __
>
>     *From:*mil-oss at googlegroups.com <mailto:mil-oss at googlegroups.com>
>     [mailto:mil-oss at googlegroups.com <mailto:mil-oss at googlegroups.com>]
>     *On Behalf Of *J. Simmons
>     *Sent:* Thursday, October 10, 2013 10:24 AM
>     *To:* The Open Source Hardware Association Discussion List
>     *Cc:* mil-oss at googlegroups.com <mailto:mil-oss at googlegroups.com>;
>     Tom Igoe; oss-export-control
>     *Subject:* Re: [Discuss] [mil-oss] Re: Fwd: ITAR, public domain, and
>     open source____
>
>     __ __
>
>     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
>     <mailto: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____
>
>     ____
>
>
>     _______________________________________________
>     discuss mailing list
>     discuss at lists.oshwa.org <mailto:discuss at lists.oshwa.org>
>     http://lists.oshwa.org/listinfo/discuss____
>
>
>
>     ____
>
>     __ __
>
>     --
>     J. Simmons, President ____
>
>     Mach 30: Foundation for Space Development____
>
>     http://mach30.org____
>
>     <https://www.facebook.com/Mach30> <http://twitter.com/mach_30>
>     <https://plus.google.com/u/0/b/104373960473278544446/104373960473278544446/posts>____
>
>     /~ ad astra per civitatem ~
>     /to the stars through community____
>
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> --
> J. Simmons, President
> Mach 30: Foundation for Space Development
> http://mach30.org
> <https://www.facebook.com/Mach30> <http://twitter.com/mach_30>
> <https://plus.google.com/u/0/b/104373960473278544446/104373960473278544446/posts>
> /~ ad astra per civitatem ~
> /to the stars through community
>
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