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@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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