[67184] in Cypherpunks
Re: Fw: Re: ITAR satellite provision
daemon@ATHENA.MIT.EDU (jim bell)
Thu Oct 3 17:32:44 1996
Date: Thu, 03 Oct 1996 14:08:45 -0800
To: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>,
Remo Pini <rp@rpini.com>
From: jim bell <jimbell@pacifier.com>
Cc: cypherpunks@toad.com
At 02:05 PM 10/3/96 -0400, Michael Froomkin - U.Miami School of Law wrote:
>Alas, a common fallacy.
>
>You have committed a prohibited export when the stuff lands outside the
>USA....It's not illegal when it goes up ("by reason of the launching" and,
>e.g. *stays up* in orbit) but it is illegal when it comes down abroad.
Sure about that? The regulation said something like "launch vehicle" or
"launch," apparently indicating that a "launch vehicle" could actually be
exported, THEN launched, etc, without violating ITAR. And since the
regulation does not go into any detail about the "launch", other than it is
a "launch" (and does not explicitly prohibit landing subsequent to launch)
the implication is that there is no prohibition.
I still think the regulation was just written sloppily.
Jim Bell
jimbell@pacifier.com
