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

Wed Aug 19 14:11:27 UTC 2020

Michelle,

Public link to a copy of the submitted form DS-4076 (and supplemental
materials if-any)?

Public link to a copy of all communications with the DDTC?

Joseph Armbruster
KJ4JIO

On Wed, Aug 19, 2020 at 10:02 AM Michelle Thompson <
mountain.michelle at gmail.com> wrote:

> Again, all information used in the request is already public.
>
> Again, the policies used to make the succesful request are also already
> public and in use.
>
> You are spilling a lot of ink  asking for things to be shared that have
> already been shared. I've already said I will ask the firm what can be
> released.
>
> The final determination is of enormous benefit to AMSAT and many other
> organizations. The request was deliberately designed that way, and it
> worked.
>
> Time to put it to work for AMSAT.
>
> And celebrate! :+)
>
> -Michelle W5NYV
>
>
>
> On Wed, Aug 19, 2020, 06:24 Joseph Armbruster <josepharmbruster at gmail.com>
> wrote:
>
>> Michelle,
>>
>>
>> Standby.  The community has absolutely no reason, whatsoever to trust any
>> guidelines your group is publishing, unless the community is given direct
>> insight into the request itself and all direct communications with the
>> DDTC, so that the context and realities of the determination can be
>> validated.  What i'm asking for here is not inappropriate, given the
>> history, context or claims being made.
>>
>>
>> This, "Just trust what we say we did", is Not Transparent and does not
>> instill confidence in anyone about what is going on.  I do, on the other
>> hand, have Hope, that the claims being made are supported.
>>
>>
>> I will say though, I actually laughed out loud when I read "Information
>> contained in CJ requests is not usually made public. The law firm would not
>> file it unless it was presented to the State Department as private and
>> confidential."  Because, C'mon.. noone in their right mind is going to
>> read that and say "oh yeah!" and agree that they should just turn their
>> brains off to the actual request.
>>
>>
>> With respects to the first sentence, the reality is that most companies
>> dealing with the DDTC are exporting defense articles and services.  As a
>> result, there's usually a contractual need (and could be a real life/death
>> reason) to keep the communications with the DDTC, confidential.  Because
>> the intent here is not to manufacture/export defense articles or services,
>> there should be no harm in the request being made public.  I mean, I
>> believe everyone on the -bb would unanimously Want to see it.   On the
>> second sentence, I have an attorney on retainer for my business and I could
>> easily go to them and say "All communications between parties A and B for
>> this effort will be placed into the public domain, in support of an
>> outreach effort going on with this charity, so treat it that way".  And,
>> that's what would happen, because, that's what I would be paying them to
>> do.  In addition, I am free to take my legal business elsewhere if-need-be
>> and I do not have to beg, plead, or pay for any release.  Sometimes, having
>> a second set of legal eyes on legal work products is a good thing.  I would
>> not have the firm file on my behalf with the DDTC, because there's really
>> no need.  That's giving them more power and responsibility in the process
>> than they actually need.  I'd use them more as support personnel /
>> consultants on an as-needed basis, vs the directors of the effort that you
>> now have to beg for a release (of your own information...)  This sounds
>> like a disaster.
>>
>>
>> The contents of a CJ request is private and confidential if and only if
>> the submitting party treats it that way.
>>
>>
>> Joseph Armbruster
>>
>> KJ4JIO
>>
>>
>>
>>
>> On Tue, Aug 18, 2020 at 11:23 PM Michelle Thompson <
>> mountain.michelle at gmail.com> wrote:
>>
>>> Yes, Joseph, it’s amazing news and It is just as good as advertised.
>>>
>>> The result is of enormous and direct benefit to AMSAT.
>>>
>>> AMSAT was asked to join the request. I sent a paper letter, wrote the
>>> board, brought it up during the 2019 annual board meeting, and published an
>>> open letter. I did all I could to enable the full participation of the one
>>> organization that stands to benefit the most from this determination.
>>>
>>> But, the men you voted for did not respond, at all.
>>>
>>> It took a year of very hard work. It’s a gift to the community. It can
>>> restore free and open international collaboration.
>>>
>>> That’s it. There’s no tricks or gotchas. It is what it is claimed to be.
>>>
>>> I would have done the same work and raised the same money if AMSAT had
>>> wanted their name on it. I would be just as proud and would be saying the
>>> same things. When work needs to be done, it needs to be done.
>>>
>>> Information contained in CJ requests is not usually made public. The law
>>> firm would not file it unless it was presented to the State Department as
>>> private and confidential. This advice was because virtually all requests
>>> are for proprietary programs and products. Sticking out in this regard, by
>>> doing something they advised strongly against, would not work to our
>>> advantage in any way. I want to win for open source, not die on the wrong
>>> hill.
>>>
>>> Additionally, the law firm does not want their work products or email
>>> correspondence published. We will honor that. We want to work with them
>>> again. They were fantastic, recommended by EFF, and 100% supportive of open
>>> source.
>>>
>>> Fortunately, *everything* that went into the request is already public
>>> information. All our designs, details, policies, procedures, definitions,
>>> diagrams, and code are available to the general public free of charge,
>>> today. That’s the primary reason it succeeded. We already follow the law
>>> with respect to public domain carve outs and publishing requirements. The
>>> final determination shows the value of this approach.
>>>
>>> AMSAT can do this too. There is literally no reason not to. This is the
>>> game changer people have been waiting for.
>>>
>>> *All* of what *anyone* will need to know to take full advantage will be
>>> published in a set of implementation guidelines.
>>>
>>> This is the single best risk reduction for AMSAT volunteers that exists
>>> in US law. It is the gold standard. We have access as a community to this
>>> result because a team of very committed and competent people made it happen
>>> and are now going to make it easy to use.
>>>
>>> Want to contribute to the guidelines? Participants are welcome.
>>>
>>> -Michelle W5NYV
>>>
>>>
>>>
>>>
>>>
>>>
>>> On Tue, Aug 18, 2020 at 18:01 Joseph Armbruster <
>>> josepharmbruster at gmail.com> wrote:
>>>
>>>> Michelle,
>>>>
>>>> This is quite interesting, indeed!  However, from your press release, I
>>>> really have no clue what "Information and Software for a Digital Microwave
>>>> Broadband Communications System for Space and Terrestrial Amateur Radio
>>>> Use", means (in terms of the legalese, definitions and proper nouns used,
>>>> etc...).  Depending on how they were defined, the determination may or may
>>>> not be directly relevant to AMSAT or anyone else for that matter...  And
>>>> just to be clear, i'm not trying to be a spoiler here or anything, this
>>>> could be really amazing news, or nothing more than a null determination
>>>> that sounds great in a headline but really means nothing.  I think Everyone
>>>> would welcome relaxed ITAR constraints on AMSAT engineers, in any
>>>> way, shape or form...  That being said, this begs the question, is the Form
>>>> DS-4076 and all supplemental materials, along with all written
>>>> communications with the DOS/DDTC concerning this matter, being made
>>>> public?  I think this would be absolutely necessary for anyone on the list
>>>> to get excited about this, in any way, shape or form.  I looked on the ORI
>>>> website and couldn't find anything around Feb 2020 (per the date the
>>>> indicated submission was made per the AUG11 reply from the DDTC).
>>>>
>>>> Although, I am not a particular fan of ORI so-far, which is why I voted
>>>> for Hammond, Paige, Stoetzer....
>>>>
>>>> I do commend any individual or entity that is able and willing to deal
>>>> with the DOS or DDTC.  It takes a lot of time and $.  At one point, my
>>>> business helped develop parts of a research UAV for a foreign military on a
>>>> high-altitude balloon, which included a wireless network.  One export
>>>> permit took over six months, with back-and-forths with questions and
>>>> clarifications, questions and clarifications, more questions and
>>>> clarifications... on and on and on...  Just because they say you can
>>>> produce Information and Software for a widget (however those are defined),
>>>> it doesn't necessarily mean you can actually get a permit to ship the
>>>> hardware with the software on it, anywhere.  Because the 'Information and
>>>> Software' (however defined), may not govern the hardware used.  In my case,
>>>> there were special accelerometers and gyros, that you don't purchase
>>>> without providing a lot of information.  So, no matter what software was
>>>> written to drive them, if you shipped them out of the country without a
>>>> permit, look out!  I remember finally getting my first export permit and
>>>> shipping label and putting it on the box and sending some hardware out.  It
>>>> was just a sticky label that went on a box, but wow, it wasn't easy.
>>>>
>>>> It sure would be nice if ITAR was less of an issue but the devil's
>>>> really in the details here...
>>>>
>>>> Joseph Armbruster
>>>> KJ4JIO
>>>>
>>>>
>>>> On Tue, Aug 18, 2020 at 12:29 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
>>>>>
>>>> --
>>> -Michelle W5NYV
>>>
>>> "Potestatem obscuri lateris nescis."
>>>
>>>