ITAR and software file to print guns, lawsuit

[johndoe3]

I can understand why the US State Dept is suing Cody Wilson and his Defense Distributed over his making of the files to print guns available outside the USA--because they are a front for an anti-gun Obama administration.

http://www.washingtonpost.com/news/volo ... nted-guns/

ITAR allows the State Department to restrict/control the export of tangible guns and gun related items. However, to me it's a real stretch to assert that printer files that are electronic bits (not a tangible item but only information) can be considered exporting firearms. So...I think the State Department will lose in court, but on the other hand, the US Court system is biased towards the government and always has been--rational basis decisions assume that any law or regulation passed by the government has a policy purpose and is therefore OK by the court.

[AlabamaPaul]

Have you ever looked at the restrictions on software exports?

[jryock]

It is going to be a tough road. SCOTUS has openly stated that they give preference to the legislature (i.e. Congress) since it is representative of the people. In theory this sounds good, but everyone knows that power changes most people and the representatives of the people become representatives of their sponsors (corporations, special interests, etc.) and their selves.

[bakerjw]

the printer files are no different than blueprints. Is it illegal to cross out of the US with a blueprint on how to manufacture a firearm? What if it is a sketch on a napkin? Or you have it memorized and can draw it from memory? I don't think that this will fly in a court of law if those questions are asked.

[Fulliautomatix]

the printer files are no different than blueprints. Is it illegal to cross out of the US with a blueprint on how to manufacture a firearm? What if it is a sketch on a napkin? Or you have it memorized and can draw it from memory? I don't think that this will fly in a court of law if those questions are asked.

It goes well beyond that. Verbally describing a controlled technology over the phone to someone in an embargoed country is considered exportation, and as such is subject to regulation.

As would faxing it, emailing it, carrying it on USB drive or laptop, carrier pigeon etc. You are transferring controlled technology regardless of the means, and the devil is in the details. Fines start at $250k, and incarceration is not unheard of.

http://www.state.gov/strategictrade/overview/

The U.S. Government controls exports of sensitive equipment, software and technology as a means to promote our national security interests and foreign policy objectives. Through our export control system, the U.S. government can effectively:

Provide for national security by limiting access to the most sensitive U.S. technology and weapons
Promote regional stability
Take into account human rights considerations
Prevent proliferation of weapons and technologies, including of weapons of mass destruction, to problem end-users and supporters of international terrorism
Comply with international commitments, i.e. nonproliferation regimes and UN Security Council sanctions and UNSC resolution 1540

https://web.kennesaw.edu/hrinternationa ... 20FAQ.docx

What is a Deemed Export?
In the United States, the cross-border dissemination of equipment, materials, technology, software or information is regulated by a system of export controls. The U.S. system of export controls consists of a list of objects and information that cannot be exported to certain countries without a license (e.g. encryption technology to China). Of course, there are some situations when no license can be obtained at all (e.g. missile technology to Iran or currency to Cuba).
Under federal law, an “export” includes more than just the actual shipment of covered items or technology. Indeed, the release of controlled technology or technical data, physically or verbally, to any foreign person in the United States -- even by an employer – is deemed to be an “export” to that person's country of nationality. This concept is known as the “deemed export rule.” This has a direct impact on the hiring of foreign nationals in the United States.

A good snapshot of the whole 'game'
http://community.cadence.com/cadence_bl ... he-details

[sillycon]

I think one can reasonably argue that the person doing any "exporting" isn't the one posting the files, but the one downloading them. Given this sort of logic has been applied elsewhere, I don't believe it's a far stretch to apply it here, hence DD wouldn't be the exporter and thus shouldn't be prevented from posting their designs online.

Either way, it'll be an interesting case to watch - that's for sure.

[Fulliautomatix]

For what it is worth, I know that my employer will only post certain software applications for download on our website, while others must be ordered for delivery on CD/DVD-ROM. I can't say for sure if it is due to regulation, or just preemptive behavior. The latter wouldn't surprise me since we are a "risk adverse" corporation with a significant gaggle of attorneys on staff.

[renegade]

Story is the same, only the names have changed.

Instead of Zimmerman/PGP, it is Wilson/3DGuns