[amsat-bb] Open Source Satellite Work Determined to be Free of ITAR

Wed Aug 19 04:07:51 UTC 2020

I think a recorded talk about the process, the form, and the repercussions
would be of interest.

Articles have been requested too.

I think we can get things described fully in relatively short order.

It is a real pleasure to be able to make this announcement. We were
prepared for a lengthy, difficult, and expensive appeals process.

The entire application hinged on the public domain carve out use. As
mentioned before, the approach was based on the policies Bruce authored.

I don’t want to dump the application on the internet without a clear ok
from the firm. I’ll ask (again).

Priority is enabling use of the result, so I am going to go work on that.

I’m very happy about this. Being able to contribute directly to enormous
forward progress on such a serious problem for AMSAT has been a highlight.

Ready for the next tough challenge so if you know of any send them my way :D

Michelle W5NYV

On Tue, Aug 18, 2020 at 20:27 Bruce Perens <bruce at perens.com> wrote:

> The application made it plain that our intent was to make the entire
> satellite design and software Open Source.
>
> It is interesting to note that the government form actually asks if you
> have any Open Source software in the product.
>
> I will leave it to ORI to decide whom to show the application. I have a
> copy, but no permission to disclose it.
>
>     Thanks
>
>     Bruce
>
> On Tue, Aug 18, 2020 at 8:25 PM Rich Gopstein <rich at ourowndomain.com>
> wrote:
>
>> The finding said nothing about open-source, so I don't understand how you
>> can claim this is a win for open-source.
>>
>> BTW -  I'd be thrilled if this did say something about the use of
>> open-source and ITAR, but it doesn't.
>>
>> Rich
>>
>> On Tue, Aug 18, 2020, 9:56 PM Bruce Perens <bruce at perens.com> wrote:
>>
>>> We have the actual ITAR rules to tell us about the public knowledge
>>> carve-out. We will receive further confirmation when we get a finding from
>>> Department of Commerce, and of course every time a project asks for such a
>>> finding there will be further confirmation. I don't think it will be
>>> necessary to make as few assumptions as you did in your company.
>>>
>>> On Tue, Aug 18, 2020, 17:21 Rich Gopstein <rich at ourowndomain.com> wrote:
>>>
>>>> Bruce,
>>>>
>>>> Understood, however, the finding is very narrowly scoped - it only says
>>>> that your system is not covered by ITAR.  It doesn't say why.  You believe
>>>> it's related to the open-source nature of your system, however the finding *doesn't
>>>> say that.*
>>>>
>>>> I worked for 28+ years in a field that was regulated by the US
>>>> government.  We on occasion also asked for findings on various things.  We
>>>> were NEVER allowed to make assumptions about the finding.  You could only
>>>> go by what the finding said.  And in your case, it's only that your system
>>>> is not covered by ITAR - nothing about *why* it's not covered. Because
>>>> of that, you can't generalize about other systems being covered or not.  It
>>>> may seem illogical, but that's the way the US regulatory system works.
>>>>
>>>> Rich
>>>>
>>>>
>>>> On Tue, Aug 18, 2020 at 6:18 PM Bruce Perens <bruce at perens.com> wrote:
>>>>
>>>>> Rich,
>>>>>
>>>>> The most important thing here is that the DoD finding is *not
>>>>> permission* - it is a finding that your project wasn't *ever* subject
>>>>> to ITAR. This is thus useful to other projects that use the same Open
>>>>> Source strategy.
>>>>>
>>>>> A finding is useful for risk-reduction, in that you can wave it at the
>>>>> court and annoying FBI folks (they have harassed AMSAT developers in the
>>>>> past) and you can use this one as a precedent if you are making a request
>>>>> for another program in which you use the same strategies.
>>>>>
>>>>>     Thanks
>>>>>
>>>>>     Bruce
>>>>>
>>>>>
>>>>> On Tue, Aug 18, 2020 at 2:59 PM Rich Gopstein via AMSAT-BB <
>>>>> amsat-bb at amsat.org> wrote:
>>>>>
>>>>>> Michelle,
>>>>>>
>>>>>> That's great news, but isn't that ruling only applicable to the
>>>>>> specific
>>>>>> system that you asked about (digital microwave broadband...)?  It's
>>>>>> not a
>>>>>> general finding that applies to anything else, right?
>>>>>>
>>>>>> Rich, KD2CQ
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> On Tue, Aug 18, 2020, 12:24 PM Michelle Thompson via AMSAT-BB <
>>>>>> amsat-bb at amsat.org> wrote:
>>>>>>
>>>>>> > Open Source Satellite Work Determined to be Free of ITAR
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> https://openresearch.institute/2020/08/18/cj-determination-open-source-satellite-work-is-free-of-itar/
>>>>>> >
>>>>>> > The United States Department of State has ruled favorably on Open
>>>>>> Research
>>>>>> > Institute's commodity jurisdiction request, finding that specified
>>>>>> > “Information and Software for a Digital Microwave Broadband
>>>>>> Communications
>>>>>> > System for Space and Terrestrial Amateur Radio Use” is definitely
>>>>>> not
>>>>>> > subject to State Department jurisdiction under ITAR, the
>>>>>> International
>>>>>> > Traffic in Arms Regulations. This is an important step toward
>>>>>> reducing the
>>>>>> > burden of regulations restricting international cooperation on
>>>>>> amateur
>>>>>> > satellite projects, which have impeded engineering work by amateurs
>>>>>> in the
>>>>>> > United States for decades.
>>>>>> >
>>>>>> > Export regulations divide both technical information and actual
>>>>>> hardware
>>>>>> > into three categories. The most heavily restricted technologies
>>>>>> fall under
>>>>>> > ITAR, which is administered by the State Department. Technologies
>>>>>> subject
>>>>>> > to more routine restrictions fall under EAR, the Export
>>>>>> Administration
>>>>>> > Regulations, administered by the Department of Commerce.
>>>>>> Technologies that
>>>>>> > are not subject to either set of regulations are not restricted for
>>>>>> export.
>>>>>> >
>>>>>> > On 20 February 2020, Open Research Institute (ORI) filed a Commodity
>>>>>> > Jurisdiction (CJ) Request with the US State Department, seeking to
>>>>>> > establish that key technologies for amateur radio are not subject
>>>>>> to State
>>>>>> > Department jurisdiction. “Information and Software for a Digital
>>>>>> Microwave
>>>>>> > Broadband Communications System for Space and Terrestrial Amateur
>>>>>> Radio
>>>>>> > Use” was assigned the case number CJ0003120. On 11 August 2020, the
>>>>>> case
>>>>>> > received a successful final determination: the technology is not
>>>>>> subject to
>>>>>> > State Department jurisdiction. This is the best possible outcome of
>>>>>> a CJ
>>>>>> > request.
>>>>>> >
>>>>>> > The Final Determination letter can be found at
>>>>>> >
>>>>>> >
>>>>>> https://openresearch.institute/wp-content/uploads/sites/10/2020/08/CJ-0003120-Final-Determination-Letter.pdf
>>>>>> > .
>>>>>> >
>>>>>> > Under this determination, the technologies are subject to the EAR.
>>>>>> The next
>>>>>> > step is to submit a classification request to the Commerce
>>>>>> Department. ORI
>>>>>> > anticipates that the Commerce Department will find that these
>>>>>> technologies
>>>>>> > are unrestricted under the carve-out for open source in the EAR.
>>>>>> >
>>>>>> > Open Research Institute (ORI) is a non-profit research and
>>>>>> development
>>>>>> > organization which provides all of its work to the general public
>>>>>> under the
>>>>>> > principles of Open Source and Open Access to Research.
>>>>>> >
>>>>>> > This work was accomplished by a team of dedicated and competent
>>>>>> open source
>>>>>> > volunteers. The effort was initiated by Bruce Perens K6BP and lead
>>>>>> by
>>>>>> > Michelle Thompson W5NYV.
>>>>>> >
>>>>>> > Open Research Institute developed the ideas behind the Commodity
>>>>>> > Jurisdiction request, hired Thomsen and Burke LLP (https://t-b.com/)
>>>>>> for
>>>>>> > expert legal advice, organized the revisions of the document, and
>>>>>> invited
>>>>>> > organizations and individuals with amateur satellite service
>>>>>> interests to
>>>>>> > join or support the request.
>>>>>> >
>>>>>> > ORI thanks Libre Space Foundation and Dr. Daniel Estevez for
>>>>>> providing
>>>>>> > their subject matter expertise and written testimony, and JAMSAT for
>>>>>> > helpful encouragement and support.
>>>>>> >
>>>>>> > The legal costs were fully reimbursed with a generous grant from
>>>>>> Amateur
>>>>>> > Radio Digital Communications (ARDC). See
>>>>>> > https://www.ampr.org/grants/grant-open-research-institute/.
>>>>>> >
>>>>>> > ARDC and ORI share a vision of clearly establishing open source as
>>>>>> the best
>>>>>> > and safest way to accomplish technical volunteer work in amateur
>>>>>> radio.
>>>>>> > This final determination letter provides solid support for that
>>>>>> vision. The
>>>>>> > determination enables the development of implementation guidelines
>>>>>> that
>>>>>> > will allow free international collaboration.
>>>>>> >
>>>>>> > This clears the path for a number of interesting projects
>>>>>> facilitating new
>>>>>> > methods for terrestrial and satellite communications, opening the
>>>>>> door to
>>>>>> > robust global digital amateur communications.
>>>>>> >
>>>>>> > Questions and inquiries to ori at openresearch.institute
>>>>>> > _______________________________________________
>>>>>> > Sent via AMSAT-BB at amsat.org. AMSAT-NA makes this open forum
>>>>>> available
>>>>>> > to all interested persons worldwide without requiring membership.
>>>>>> Opinions
>>>>>> > expressed
>>>>>> > are solely those of the author, and do not reflect the official
>>>>>> views of
>>>>>> > AMSAT-NA.
>>>>>> > Not an AMSAT-NA member? Join now to support the amateur satellite
>>>>>> program!
>>>>>> > Subscription settings:
>>>>>> https://www.amsat.org/mailman/listinfo/amsat-bb
>>>>>> >
>>>>>> _______________________________________________
>>>>>> Sent via AMSAT-BB at amsat.org. AMSAT-NA makes this open forum available
>>>>>> to all interested persons worldwide without requiring membership.
>>>>>> Opinions expressed
>>>>>> are solely those of the author, and do not reflect the official views
>>>>>> of AMSAT-NA.
>>>>>> Not an AMSAT-NA member? Join now to support the amateur satellite
>>>>>> program!
>>>>>> Subscription settings:
>>>>>> https://www.amsat.org/mailman/listinfo/amsat-bb
>>>>>>
>>>>>
>>>>>
>>>>> --
>>>>> Bruce Perens - CEO at stealth startup. I'll tell you what it is
>>>>> eventually :-)
>>>>>
>>>>
>
> --
> Bruce Perens - CEO at stealth startup. I'll tell you what it is eventually
> :-)
>
-- 
-Michelle W5NYV

"Potestatem obscuri lateris nescis."