[Ground-station] ORI Decision Tree - for review

anshul makkar anshulmakkar at gmail.com
Tue Oct 12 01:59:34 PDT 2021


I agree with Bruce. On parsing the tree I also got similar impression.

Thanks
Anshul Makkar

On Tue, Oct 12, 2021 at 1:06 AM Bruce Perens via Ground-Station
<ground-station at lists.openresearch.institute> wrote:

> 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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