[Ground-station] ORI Decision Tree - for review

[Michelle Thompson]

Summing up all the feedback received so far and sending it back to the
lawyers. Feel free to send more. We won't stop until it's right.

Thank you to all that have reviewed this on the list and on Slack!

-Michelle W5NYV




On Tue, Oct 12, 2021 at 1:59 AM anshul makkar <anshulmakkar at gmail.com>
wrote:

> 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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