According to the National Rifle Association, the Obama administration has proposed rules that would restrict the publication of gun technical details of common guns and ammunition on electronic media. Violations could result in penalties including fines up to $1 million and 20 years in jail.
The applicable section of the proposed rules changes can be found in Department of State Public Notice 9149, but to save my readers time I will post the applicable portions below:
DEPARTMENT OF STATE 22 CFR Parts 120, 123, 125, and 127 [Public Notice 9149] RIN 1400–AD70 International Traffic in Arms: Revisions to Definitions of Defense Services, Technical Data, and Public Domain; Definition of Product of Fundamental Research; Electronic Transmission and Storage of Technical Data; and Related Definitions
AGENCY: Department of State.
ACTION: Proposed rule.
SUMMARY: As part of the President’s Export Control Reform (ECR) initiative, the Department of State proposes to amend the International Traffic in Arms Proposed Rules Regulations (ITAR) to update the definitions of ‘‘defense article,’’ ‘‘defense services,’’ ‘‘technical data,’’ ‘‘public domain,’’ ‘‘export,’’ and ‘‘reexport or retransfer’’ in order to clarify the scope of activities and information that are covered within these definitions and harmonize the definitions with the Export Administration Regulations (EAR), to the extent appropriate. Additionally, the Department proposes to create definitions of ‘‘required,’’ ‘‘technical data that arises during, or results from, fundamental research,’’ ‘‘release,’’ ‘‘retransfer,’’ and ‘‘activities that are not exports, reexports, or retransfers’’ in order to clarify and support the interpretation of the revised definitions that are proposed in this rulemaking. The Department proposes to create new sections detailing the scope of licenses, unauthorized releases of information, and the ‘‘release’’ of secured information, and revises the sections on ‘‘exports’’ of ‘‘technical data’’ to U.S. persons abroad. Finally, the Department proposes to address the electronic transmission and storage of unclassified ‘‘technical data’’ via foreign communications infrastructure. This rulemaking proposes that the electronic transmission of unclassified ‘‘technical data’’ abroad is not an ‘‘export,’’ provided that the data is sufficiently secured to prevent access by foreign persons. Additionally, this proposed rule would allow for the electronic storage of unclassified ‘‘technical data’’ abroad, provided that the data is secured to prevent access by parties unauthorized to access such data. The revisions contained in this proposed rule are part of the Department of State’s retrospective plan under Executive Order 13563 first submitted on August 17, 2011.
Technical data is defined in the proposed rules change as follows:
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Revised Definition of Technical Data
The Department proposes to revise the definition of ‘‘technical data’’ in ITAR § 120.10 in order to update and clarify the scope of information that may be captured within the definition. Paragraph (a)(1) of the revised definition defines ‘‘technical data’’ as information ‘‘required’’ for the ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing of a ‘‘defense article,’’ which harmonizes with the definition of ‘‘technology’’ in the EAR and the Wassenaar Arrangement. This is not a change in the scope of the definition, and additional words describing activities that were in the prior definition are included in parentheticals to assist exporters. Paragraph (a)(1) also sets forth a broader range of examples of formats that ‘‘technical data’’ may take, such as diagrams, models, formulae, tables, engineering designs and specifications, computer-aided design files, manuals or documentation, or electronic media, that may constitute ‘‘technical data.’’ Additionally, the revised definition includes certain conforming changes intended to reflect the revised and newly added defined terms proposed elsewhere in this rule. The proposed revised definition also includes a note clarifying that the modification of the design of an existing item creates a new item and that the ‘‘technical data’’ for the modification is ‘‘technical data’’ for the new item. Paragraph (a)(2) of the revised definition defines ‘‘technical data’’ as also including information that is enumerated on the USML. This will be ‘‘technical data’’ that is positively described, as opposed to ‘‘technical data’’ described in the standard catch-all ‘‘technical data’’ control for all ‘‘technical data’’ directly related to a ‘‘defense article’’ described in the relevant category. The Department intends to enumerate certain controlled ‘‘technical data’’ as it continues to move the USML toward a more positive control list. Paragraph (a)(3) of the revised definition defines ‘‘technical data’’ as also including classified information that is for the ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing of a ‘‘defense article’’ or a 600 series item subject to the EAR. Paragraph (a)(5) of the revised definition defines ‘‘technical data’’ as also including information to access secured ‘‘technical data’’ in clear text, such as decryption keys, passwords, or network access codes. In support of the latter change, the Department also proposes to add a new provision to the list of violations in § 127.1(b)(4) to state that any disclosure of these decryption keys or passwords that results in the unauthorized disclosure of the ‘‘technical data’’ or software secured by the encryption key or password is a violation and will constitute a violation to the same extent as the ‘‘export’’ of the secured information. For example, the ‘‘release’’ of a decryption key may result in the unauthorized disclosure of multiple files containing ‘‘technical data’’ hosted abroad and could therefore constitute a violation of the ITAR for each piece of ‘‘technical data’’ on that server. Paragraph (b) of the revised definition of ‘‘technical data’’ excludes nonproprietary general system descriptions, information on basic function or purpose of an item, and telemetry data as defined in Note 3 to USML Category XV(f) (§ 121.1). Items formerly identified in this paragraph, principles taught in schools and ‘‘public domain’’ information, have been moved to the new ITAR § 120.6(b). The proposed definition removes software from the definition of ‘‘technical data.’’ Specific and catch-all controls on software will be added elsewhere throughout the ITAR as warranted, as it will now be defined as a separate type of ‘‘defense article.’’
After giving the aforementioned proposed rules change a moment of careful thought and consideration, I have decided that it is entirely appropriate for me to devote a special place on my website dedicated to discussing and sharing information defined in the proposed rules change.
Since I am not by any measure an expert in guns or ammo, I do not intend to become the internet’s go-to site for such information, but I do want to make sure the federal government doesn’t miss me when they round up those of us who exercise ALL of our Constitutional rights.
Stay tuned for new and exciting gun and ammo technical data for your reading pleasure!
The post Hey Obama: How Do You Like My New Gun Blog? appeared first on Dispatches From The Conservative Underground.