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CX2SA > SATDIG 19.08.20 04:10l 1088 Lines 43033 Bytes #999 (0) @ WW
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From: CX2SA@CX2SA.SAL.URY.SOAM
To : SATDIG@WW
Today's Topics:
1. Re: Please advise (Michelle Thompson)
2. Re: Open Source Satellite Work Determined to be Free of ITAR
(Jim Walls)
3. A New AMSAT Free From Worries About ITAR! (Bruce Perens)
4. Re: Open Source Satellite Work Determined to be Free of ITAR
(Rich Gopstein)
5. Re: Open Source Satellite Work Determined to be Free of ITAR
(Bruce Perens)
6. Re: Open Source Satellite Work Determined to be Free of ITAR
(Rich Gopstein)
7. Re: Open Source Satellite Work Determined to be Free of ITAR
(Joseph Armbruster)
8. Re: Open Source Satellite Work Determined to be Free of ITAR
(Jeff Johns)
9. Re: Open Source Satellite Work Determined to be Free of ITAR
(Bruce Perens)
----------------------------------------------------------------------
Message: 1
Date: Tue, 18 Aug 2020 11:07:04 -0700
From: Michelle Thompson <mountain.michelle@?????.???>
To: Jean Marc Momple <jean.marc.momple@?????.???>
Cc: Michelle Thompson via AMSAT-BB <amsat-bb@?????.???>
Subject: Re: [amsat-bb] Please advise
Message-ID:
<CACvjz2Ue_=qfmewzgWi_PWK=JQjG2EN2aRGEGwbD8eCPOa9tZw@????.?????.???>
Content-Type: text/plain; charset="UTF-8"
Thank you Jean Marc! We are trying our best.
I recommend Howie DeFelice, Bob McGwier, and Jeff Johns.
-Michelle W5NYV
On Tue, Aug 18, 2020 at 10:56 AM Jean Marc Momple via AMSAT-BB <
amsat-bb@?????.???> wrote:
> Hi Michelle,
>
> I just receive the ballot and wish to have your personal advices for whom
> to vote (surely not the legacy team), being quite far and not knowing the
> OM personally.
>
> More I really believe that the organization need a shake and this will be
> my vote, but wish to have a team in place hopefully lead by you or someone
> you will work with serenity. Please indicate and recommend to me for whom I
> should vote for to make the change and a real working Board..
>
> Make the change and bring AMSAT to new heights Madam, my personal wish and
> dream is to get either HEO's or GEO?s for worldwide coverage, more unite
> the different AMSAT organizations worldwide for a common vision so that all
> cents we spent are in line with that vision/common goal (my 1 cent input).
>
> Also wish you and your team the best for this election.
>
> 73
>
>
>
>
> Jean Marc (3B8DU)
>
> AMSAT Ambassador
> Member of AMSAT NA & DL
> Member of MARS
> IARU Responsible operator for MIR-SAT1, the first 3B8 satellite which will
> be a HAM one in orbit early next year.
> Driving HAM and satellite operations in the region (Indian Ocean, FR
> Reunion Is. and 3B8) with much success for some years.
> Etc? List just too long
>
>
> _______________________________________________
> Sent via AMSAT-BB@?????.???. 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
>
------------------------------
Message: 2
Date: Tue, 18 Aug 2020 11:15:10 -0700
From: Jim Walls <jim@?????.???>
To: amsat-bb@?????.???
Subject: Re: [amsat-bb] Open Source Satellite Work Determined to be
Free of ITAR
Message-ID: <077bf4f4-0f32-0d6b-50d0-f961fac63f40@?????.???>
Content-Type: text/plain; charset=utf-8; format=flowed
On 08/18/2020 09:05, Michelle Thompson via AMSAT-BB wrote:
> Open Source Satellite Work Determined to be Free of ITAR
>
>
https://openresearch.institute/2020/08/18/cj-determination-open-source-satelli
te-work-is-free-of-itar/
>
<snip>
Great news!
--
73
-------------------------------------
Jim Walls - K6CCC
jim@?????.???
Ofc: 818-548-4804
http://members.dslextreme.com/users/k6ccc/
AMSAT Member 32537 - WSWSS Member 395
------------------------------
Message: 3
Date: Tue, 18 Aug 2020 11:18:15 -0700
From: Bruce Perens <bruce@??????.???>
To: AMSAT <amsat-bb@?????.???>
Subject: [amsat-bb] A New AMSAT Free From Worries About ITAR!
Message-ID:
<CAK2MWOs+tcA0VhfYqLJhMFsXjnhUeUtD+w=o+diJwF8Coj+ftw@????.?????.???>
Content-Type: text/plain; charset="UTF-8"
The United States Department of Defense has ruled that the ORI satellite
program using the ITAR/EAR strategy
<https://openresearch.institute/itar-and-ear-strategy/> that I developed
and have been promoting is not subject to ITAR. ORI will now obtain a
ruling from Department of Commerce regarding the Export Administration
Regulations (the EAR). Commerce is expected find that the program is not
subject to the EAR for the same reasons that Defense found it not subject
to ITAR - portions of both laws that exempt public knowledge.
AMSAT now has a path forward: we can operate our development under the same
strategy, and be free of worry about ITAR. We can admit anyone we want to a
project. The cost is abandoning proprietary technology and NDAs. The
benefit will be greater, since we can share development with other national
AMSAT organizations, and other organizations such as LibreSpace, without
fear.
I'm presently working on my Debconf paper and video, and will write a
compliance manual after that to assist projects in carrying out the
ITAR/EAR strategy.
Thanks
Bruce
------------------------------
Message: 4
Date: Tue, 18 Aug 2020 17:56:15 -0400
From: Rich Gopstein <rich@????????????.???>
To: Michelle Thompson <mountain.michelle@?????.???>
Cc: AMSAT BB <AMSAT-BB@?????.???>
Subject: Re: [amsat-bb] Open Source Satellite Work Determined to be
Free of ITAR
Message-ID:
<CANsNeaorbVqBAi7+XeMRu6+81_5gybm7jRfdvaXCxQAdb+iRxg@????.?????.???>
Content-Type: text/plain; charset="UTF-8"
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@?????.???> wrote:
> Open Source Satellite Work Determined to be Free of ITAR
>
>
>
https://openresearch.institute/2020/08/18/cj-determination-open-source-satelli
te-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@????????????.?????????
> _______________________________________________
> Sent via AMSAT-BB@?????.???. 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
>
------------------------------
Message: 5
Date: Tue, 18 Aug 2020 15:18:08 -0700
From: Bruce Perens <bruce@??????.???>
To: Rich Gopstein <rich@????????????.???>
Cc: AMSAT BB <AMSAT-BB@?????.???>
Subject: Re: [amsat-bb] Open Source Satellite Work Determined to be
Free of ITAR
Message-ID:
<CAK2MWOtDSAuNCLbw8XuXL96Xhy6bh9xnbrA13M1Mpc_gieKghQ@????.?????.???>
Content-Type: text/plain; charset="UTF-8"
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@?????.???> 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@?????.???> wrote:
>
> > Open Source Satellite Work Determined to be Free of ITAR
> >
> >
> >
>
https://openresearch.institute/2020/08/18/cj-determination-open-source-satelli
te-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@????????????.?????????
> > _______________________________________________
> > Sent via AMSAT-BB@?????.???. 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@?????.???. 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
:-)
------------------------------
Message: 6
Date: Tue, 18 Aug 2020 20:21:25 -0400
From: Rich Gopstein <rich@????????????.???>
To: Bruce Perens <bruce@??????.???>
Cc: AMSAT BB <AMSAT-BB@?????.???>
Subject: Re: [amsat-bb] Open Source Satellite Work Determined to be
Free of ITAR
Message-ID:
<CANsNeapC4E6yPgczN_fuW4ZPeCHPQutM8296y3DwoWdzAYHtHw@????.?????.???>
Content-Type: text/plain; charset="UTF-8"
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@??????.???> 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@?????.???> 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@?????.???> wrote:
>>
>> > Open Source Satellite Work Determined to be Free of ITAR
>> >
>> >
>> >
>>
https://openresearch.institute/2020/08/18/cj-determination-open-source-satelli
te-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@????????????.?????????
>> > _______________________________________________
>> > Sent via AMSAT-BB@?????.???. 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@?????.???. 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
> :-)
>
------------------------------
Message: 7
Date: Tue, 18 Aug 2020 21:03:36 -0400
From: Joseph Armbruster <josepharmbruster@?????.???>
To: Michelle Thompson <mountain.michelle@?????.???>
Cc: AMSAT BB <amsat-bb@?????.???>
Subject: Re: [amsat-bb] Open Source Satellite Work Determined to be
Free of ITAR
Message-ID:
<CADkz4c_ov12dpaeP3QdTPZ9_QDBbNMdncOVEC_APvSoMfzp17g@????.?????.???>
Content-Type: text/plain; charset="UTF-8"
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@?????.???> wrote:
> Open Source Satellite Work Determined to be Free of ITAR
>
>
>
https://openresearch.institute/2020/08/18/cj-determination-open-source-satelli
te-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@????????????.?????????
> _______________________________________________
> Sent via AMSAT-BB@?????.???. 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
>
------------------------------
Message: 8
Date: Tue, 18 Aug 2020 20:46:13 -0500
From: Jeff Johns <jeff30339@?????.???>
To: AMSAT <amsat-bb@?????.???>
Subject: Re: [amsat-bb] Open Source Satellite Work Determined to be
Free of ITAR
Message-ID: <E746C5ED-B6D7-4938-B0AC-499C7B62F58E@?????.???>
Content-Type: text/plain; charset=utf-8
>
> 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.
Have any of the three that you voted for spent any time putting in the
effort that Michelle has done to reach the milestone she has achieved? From
their campaign material, all I saw were promises of an HEO satellite which
they haven?t been able to provide during their time in office. There was
nothing showing that they were making advances on ITAR issues which I is a
major roadblock for future spacecraft.
It seems to me that Michelle et al are pushing forward to help create new
technologies in a new way. I?m not an EE nor an ITAR expert, but I can
easily recognize that I have not seen anyone from within AMSAT even
attempting to do what she has so far accomplished with this announcement. If
someone from within AMSAT is doing so, they certainly aren?t letting the
membership know about it.
Maybe people should just be grateful that someone is willing to put in the
work to help move things forward in an innovative manner.
I was not going to turn this news into a political statement but, since
Joseph did, I will say that for those that have yet to vote, please consider
myself, Howie and Bob. I guarantee that we will work hard to use work such
as this to help forward AMSAT?s mission.
Jeff WE4B
http://we4bravo.com
------------------------------
Message: 9
Date: Tue, 18 Aug 2020 18:56:12 -0700
From: Bruce Perens <bruce@??????.???>
To: Rich Gopstein <rich@????????????.???>
Cc: AMSAT BB <amsat-bb@?????.???>
Subject: Re: [amsat-bb] Open Source Satellite Work Determined to be
Free of ITAR
Message-ID:
<CAK2MWOu_ff9Nd5wyiv6Y3knT_HsaQtb16uxRFsuPBEQ6HhT4WQ@????.?????.???>
Content-Type: text/plain; charset="UTF-8"
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@????????????.???> 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@??????.???> 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@?????.???> 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@?????.???> wrote:
>>>
>>> > Open Source Satellite Work Determined to be Free of ITAR
>>> >
>>> >
>>> >
>>>
https://openresearch.institute/2020/08/18/cj-determination-open-source-satelli
te-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@????????????.?????????
>>> > _______________________________________________
>>> > Sent via AMSAT-BB@?????.???. 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@?????.???. 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 :-)
>>
>
------------------------------
Subject: Digest Footer
_______________________________________________
Sent via amsat-bb@?????.???.
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 member? Join now to support the amateur satellite program!
https://www.amsat.org/mailman/listinfo/amsat-bb
------------------------------
End of AMSAT-BB Digest, Vol 15, Issue 339
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