[Ground-station] ORI Decision Tree - for review

Bruce Perens bruce at perens.com
Mon Oct 11 17:06:19 PDT 2021


I fixed missing pieces:
[image: ITAR_EAR_Decision_Tree.png]

On Mon, Oct 11, 2021 at 4:43 PM Bruce Perens <bruce at perens.com> wrote:

> More comprehensible version:[image: ITAR and EAR decision tree.png]
>
>
> On Mon, Oct 11, 2021 at 4:02 PM Bruce Perens <bruce at perens.com> wrote:
>
>> I think this is the decision tree you want:
>>
>> 0. Is the work for a party that is likely to make military use of the
>> information?
>> YES - This is a defense service, don't do in ORI.
>> NO - go to 1.
>> 1. Is the item on the list of items subject to ITAR or EAR: Example, a
>> space satellite, ground equipment, certain forms of radio
>> communication devices.
>> YES - go to 2
>> NO - OK for an ORI project, no precautions necessary.
>> 2. Does the item have a non-military use?
>> YES - go to 3
>> NO, all potential uses are military: don't do this work in ORI.
>> 3. Will you always publish all information as it is created?
>> YES - OK for an ORI project, be careful to publish.
>> NO - Don't do this work in ORI.
>>
>> Separate checklist:
>> 1. Is the work for a party that is likely to make military use of the
>> information?
>> YES - This is a defense service, don't do in ORI.
>> NO -
>>
>> On Mon, Oct 11, 2021 at 3:50 PM Bruce Perens <bruce at perens.com> wrote:
>> >
>> > I am parsing the decision tree this way:
>> >
>> > Is the information about a spacecraft, satellite, or space vehicle
>> > regardless of whether it is military, commercial, or amateur?
>> > YES - the information may be subject to ITAR, go no farther
>> > NO - Is the information dual-use?
>> >     YES - Publish it and go ahead, even if it potentially has a
>> > military application.
>> >     NO - It may be subject to EAR, regardless of whether it has any
>> > military application.
>> >
>> > On Mon, Oct 11, 2021 at 3:45 PM Bruce Perens <bruce at perens.com> wrote:
>> > >
>> > > Also, the example of military or defense parts, articles, or services
>> > > does not include any military use and does include commercial and
>> > > scientific uses. This seems garbled or something. If these came from
>> > > the attorneys, we need to work or clarification .
>> > >
>> > > On Mon, Oct 11, 2021 at 3:41 PM Bruce Perens <bruce at perens.com>
>> wrote:
>> > > >
>> > > > Dual-use is not defined, and it looks to me like the decision for
>> > > > dual-use is reversed.
>> > > >
>> > > > On Mon, Oct 11, 2021 at 3:31 PM Michelle Thompson via Ground-Station
>> > > > <ground-station at lists.openresearch.institute> wrote:
>> > > > >
>> > > > > Here's an ORI Decision Tree for review. Please post comments and
>> questions.
>> > > > >
>> > > > > This is intended to be part of the regulatory folder in the
>> documents repository.
>> > > > >
>> > > > > -Michelle W5NYV
>> > > > >
>> > > > >
>> > > >
>> > > >
>> > > > --
>> > > > Bruce Perens K6BP
>> > > > - Board Partner, OSS Capital LLC Venture Capital
>> > > > - CEO, undisclosed startup
>> > >
>> > >
>> > >
>> > > --
>> > > Bruce Perens K6BP
>> > > - Board Partner, OSS Capital LLC Venture Capital
>> > > - CEO, undisclosed startup
>> >
>> >
>> >
>> > --
>> > Bruce Perens K6BP
>> > - Board Partner, OSS Capital LLC Venture Capital
>> > - CEO, undisclosed startup
>>
>>
>>
>> --
>> Bruce Perens K6BP
>> - Board Partner, OSS Capital LLC Venture Capital
>> - CEO, undisclosed startup
>>
>
>
> --
> Bruce Perens K6BP
> - Board Partner, OSS Capital LLC Venture Capital
> - CEO, undisclosed startup
>


-- 
Bruce Perens K6BP
- Board Partner, OSS Capital LLC Venture Capital
- CEO, undisclosed startup
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