Why do you not think we have already done this?
We have done this and we paid significantly more than $2500 and we got lots of opinions and no action.
When it became completely clear that we could not write a technical assistance agreement with our partners in AMSAT-UK and AMSAT-DL that would match the letter of ITAR, we in the leadership gave up rather than walk down the tougher road of getting specific exemptions for activities such as ours.
We could have and should have done this for the "good of the human race". Even then, almost surely, people working in the industry would have their activities severely curtailed by agreements and restrictions placed on them by their employers.
There are no alternatives. This must get settled and legally.
Bob
ARRL SDR Working Group Chair Member: ARRL, AMSAT, AMSAT-DL, TAPR, Packrats, NJQRP, QRP ARCI, QCWA, FRC. "Trample the slow .... Hurdle the dead"
-----Original Message----- From: eagle-bounces@amsat.org [mailto:eagle-bounces@amsat.org] On Behalf Of John B. Stephensen Sent: Sunday, September 07, 2008 7:23 PM To: Bill Ress; Howard Long Cc: 'Frank Brickle'; eagle@amsat.org; 'Daniel Schultz' Subject: [eagle] Re: 2008 Symposium deadline
Since this is central to the operation of AMSAT, why not generate a list of questions and allocate $2500 for hiring a lawyer specializing in export law to answer them? This is a project that seems to have very high priority so it should be funded and a board member appointed to run it.
73,
John KD6OZH
----- Original Message ----- From: "Bill Ress" bill@hsmicrowave.com To: "Howard Long" eagle@howardlong.com Cc: "'Frank Brickle'" brickle@pobox.com; eagle@amsat.org; "'Daniel Schultz'" n8fgv@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,
- 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
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