State Department Demands 3-D Gun Blueprints Be Removed
techcrunch.com
techcrunch.com
The ITAR rules are even worse for some types of equipment. For example it is a felony to allow a foreigners (non-citizens or non-green card holders) to look through high-end (Gen III) night vision equipment. Guns shops all over the country unwittingly violate this rule every day. Technical discussions of night vision equipment on a forums accessible from foreigners is also illegal.
Edit: Also worth pointing out that those model files are also being hosted on GitHub [0]
Wow. That seems incredibly stupid. How did this manage to survive first amendment challenges? Or has it not been tested?
there's no need for cursing.
I restated the question, to highlight the absurdity of it. That is not begging the question.
steve19: 'legally you cannot export blueprints about weapons without an export license'
glenra: 'how did this manage to survive first amendment challenges?'
nness: 'how would this be a first amendment issue?'
in nness's comment, i am assuming 'this' is 'exporting blueprints about weapons without an export license'
in other words: 'how would exporting blueprints about weapons without an export license be a first amendment issue?'
you restated this as: 'how is censorship of speech a violation of freedom of speech?' first amendment issue very easily transforms to freedom of speech, but 'exporting blueprints about weapons' does not easily transform to 'censorship of speech'
nness question is essentially 'how does exporting weapon blueprints relate to freedom of speech?' it is not an absurd question.
you responded by equating 'exporting weapon blueprints' with 'censoring speech' with no argument, presupposing the conclusion from the question. ergo, begging the question.
So I'm surprised public-domain blueprints aren't already considered "speech" as a matter of settled law. In the case of commercial blueprints I suppose I could imagine an argument for considering them "proprietary information", but in this case where the producer wants the information to get out and is not claiming copyright over it...posting a blueprint on the web is like posting a flyer on a telephone pole. It's a speech act. The federal government isn't generally allowed to prohibit speech acts.
This goes back to what Phil Zimmerman said about ITAR and such almost 20 years ago when they threw it at him for PGP:
"The Government has made it illegal in many cases to export good cryptographic technology, and that may include PGP. This is determined by volatile State Department policies, not fixed laws."
This has nothing to do with law and everything to do with those same volatile policies a generation later.
How do you know if something is subject to ITAR? The State Department has a big list. It's called the US Munitions List (USML). At the time Zimmerman said that, PGP probably wasn't on the list. But I assure you, blueprints of guns are absolutely on the list.
It wasn't on the list yet, proving his point about volatility.
> full force and effect of the law.
All decrees, from Hammurabi onward, have the same qualities.
These export controls primarily exist to keep our advanced military technology out of enemy hands. I am not a lawyer, but I am reasonably certain that these laws would be upheld by the courts. Even though the first amendment promises free speech, the Supreme Court has said that there are some things you still aren't allowed to say, like "Fire!" in a movie theater. Things that could harm public safety, such as distributing weapons plans, are not protected under the first amendment.
The "clear and present danger" thing has not been true for many decades now. The current standard is if the speaker intends to cause imminent lawless behaviour.
http://en.wikipedia.org/wiki/Imminent_lawless_action
Of course the case where the "fire in a movie theater" thing first came up was about a war protester telling people that the draft was unconstitutional...
Then again, it's not like blueprints for single-shot infantry weapons are exactly the key to America's military supremacy, the loss of which will result in the final storming of our golden cities by barbarous hordes.
Were somebody to post up a mod of their RepRap fabbing an explosive lens or something, now that would be interesting to watch the banhammer on.
I am not exactly sure what it is referring to, but the State Department's letter includes mention of a data file for a "125mm BK-14M high-explosive anti-tank warhead".
Maybe that is a model for a mold for warheads? I don't think anyone has a printer printing with high-explosives yet.
I wonder whether under the 14th they actually have the right to restrict my 2nd amendment rights in this way. That's in addition to the obvious 1st amendment issues.
(I somehow thought that the USA lost The USA vs the Progressive but Wikipedia corrected me that the case was dropped after it was obviously moot.)
According to http://en.wikipedia.org/wiki/International_Traffic_in_Arms_R... that makes me a foreign national (despite also being a US citizen) which causes ITAR to apply to me.
The State Department is legally correct and morally bankrupt. What a disgusting restriction on my first amendment rights.
Whatever I create or modify is my right to distribute as I see fit, regardless of what I created. Period. There's an absolute for you.
(1) for the easily insulted, i do not imply that all libertarians are nutcases, but rather that libertarian nutcases are nutcases.
Nope, you didn't misunderstand. You're just a controlling jackass.
See? I can call people names too.
Why don't you try using your head and make a cogent argument for restricting an individual's right to create and distribute CAD files, hmm?
This is a silly thing to say. Especially in a thread about weapons. Especially to say so in an "absolute" way.
You absolutely don't have the right to distribute chemical, biological, nuclear, or even some conventional weapons. Nor should you. I'm drawn to this extreme list because of your "absolute" assertion.
Perhaps he should have had the CAD file printed and bound as a book...
Edit: Nevermind, he's already ahead of me: "Wilson argues his activities are legit, because ITAR doesn’t apply to information sold in a library, and conveniently has his being sold in an undisclosed Austin, Texas, bookstore."
Let's break it down,
ITAR defines export as transferring an article or technical data (§ 120.7).
Technical data, by definition, is not in the public domain (§ 120.10.5).
DEFCAD claims the files are in the public domain, i.e., available in bookstores (§ 120.11.1) and libraries open to the public (§ 120.11.4). So they cannot qualify as technical data to satisfy the export requirement.
By issuing a takedown notice to the maintainer of the blueprint, it's very unlikely that they're going to stop the flow of information. Additionally, it turns out it's probably not effective to stop them from distributing the blueprints now that they're already on the internet.
We're probably not going to see a massive number of these come into existence because the printers aren't exactly a commodity yet. I imagine the people who own these printers, and the printing services will notice what's being printed, and that's probably the best place to control these.
"The idea of the darknet is based upon three assumptions:
1) Any widely distributed object will be available to a fraction of users in a form that permits copying.
2) Users will copy objects if it is possible and interesting to do so.
3) Users are connected by high-bandwidth channels.
The darknet is the distribution network that emerges from the injection of objects according to assumption 1 and the distribution of those objects according to assumptions 2 and 3."
See "The Darknet and the Future of Content Distribution" - http://msl1.mit.edu/ESD10/docs/darknet5.pdf
There are 350 million real, fully functional, STEEL barreled firearms in the US today.
The epitome of 750 years of tweaks and improvements.
SURELY one of those would be easier to obtain (and safer to fire)if you wanted a gun.
An exotic replacement for the firing pin isn't strictly necessary. A firing pin is too small to activate a metal detector. At least, the government thinks so, because guns are required to contain a minimum amount of metal for this purpose.
The current stories are neglecting to mention this, but an earlier Forbes article reported that the Liberator contains a 6 ounce piece of steel to remain compliant with the law on undetectable firearms.
Seriously?
If you don't refactor code occasionally you end up with weird corner cases that don't make any sense. The laws of our nation haven't been refactored in any substantial way, ever. It's patches all the way down to the Constitution.
I wish I could learn this kind of stuff from OCW. There's some text descriptions of how lathes and milling machine work in one of their courses (http://ocw.mit.edu/courses/mechanical-engineering/2-670-mech...), but not enough to make me comfortable with either tool.
I've been looking for a place around my city (Toronto) where I could take a weekend or evening classes about machining skills, but haven't had much luck. So, I think you're underestimating the difficultly of getting basic machining skills in our post-industrial society. Though I agree with your main point.
The law (ITAR[1] and the Arms Control Export Act[2]) wasn't designed to keep home-milled ArmaLite parts out of the hands of US citizens. The goal was to prevent someone like Lockheed from doing something like selling stealth fighters to an adversary without checking in with someone first. It's basically written as banning the export of military technology to foreign countries without the proper paperwork.
Apparently, to the folks at the State Department, stuff like PGP[3] and plans for a 3D-printable gun count as "military technology" and putting it on the internet counts as "export". That's pretty different from the ATF deciding that a lower receiver without holes in it doesn't need a firearms dealer for a transfer.
[1]http://en.wikipedia.org/wiki/Arms_Export_Control_Act
[2]http://en.wikipedia.org/wiki/International_Traffic_in_Arms_R...
[3] http://stason.org/TULARC/security/pgp/99-Appendix-VI-A-State...
If it is a violation, then how has HTTPS not been challenged?
Export controls on crypto were relaxed in the late 90s (I'd have to look up the exact dates), and before then there were "export" versions of Netscape Navigator that only supported 40 bit keys.
Like, this is annoying, but all of the secondary actors seeding and whatnot here are provably and knowingly infringing on ITAR.
I don't agree with what's being done by the .gov here, and I don't think it's a good thing, but especially given how we see the courts behave and how we see the confrontational system run, I must remind our overzealous peers here who wish to antagonize the .gov:
Do not taunt happy fun ball.
How well has trying to remove content from the Internet worked out for you in past?
Also: http://en.wikipedia.org/wiki/Streisand_effect
Thanks,
Mindcrime
It would be great if the first major, widespread, TPB-distributed 3D printed-thing was something less controversial, but such is life. There are people in jail for "hacking" and a huge variety of other issues, while one can apparently print guns without any legal ramifications. I am not saying that one is better or worse than the other - just drawing attention to how poor our legislative process is when it comes to handling _any_ technological advances whatsoever.
But poking fun aside, much of the same issues that arose with that effort are in this new 'threat'. The key here is the 3D printer, next up they will be a restricted export item like really nice machine tools.
Would that be sufficient to get around ITAR? I wonder what would happen then
ARE YOU A US CITIZEN?
[YES] [NO]What this means in practice is you consult your organizations lawyers, draft a policy, and follow it to the letter so you don't go to jail. You personally are liable (jail time and fines) if the information leaks out. Having an approved policy that you are following is really the only protection.
And this is an old technology firearm created with a new technology printing device. Plans for firearms are all over the internet. What makes this one fall under SD rule?
Yes, and plastic. http://www.youtube.com/watch?v=drPz6n6UXQY
Only two things aren't printed, the firing pin (which is a nail), and an additional hunk of metal that goes in it so it will be detectable with a metal detector (there are other laws against "stealth" weapons that have no metal in them).
What steps need to be taken so that we can legally possess a 3D printed gun?
None. It's perfectly legal in all states at the moment.
What we need to do is protect the status quo. There are clowns in New York and at the federal level who are already talking about banning 3D printed guns.
is this a problem?
With any luck 3d printers will become more ubiquitous in the next few years, and this will all clearly be no longer the case.
3d printers that people can afford can only produce garbage guns. 3d printers that professionals use (i.e., that cost tends of thousands of dollars) can produce slightly less crappy guns. In either case, you end up with a product that is substantially lower quality that mass-manufactured equivalents and costs substantially more.
What kind of idiot would pay more money for a lower quality product that could easily blow up in your hand severely injuring you? I mean, it is not like there's a shortage of mass-manufactured firearms.
Sure, ABS plastic weapons are still somewhat laughable. What happens when you can print a metal gun in your own home with some metal powder, with a machine purchased for less than $1K?
Note: Boeing uses laser sintered parts in their new Dreamliner; this isn't just for prototyping.
EDIT: Make Magazine plans for an open source laser sintering device: http://blog.makezine.com/2012/02/01/an-open-source-laser-sin...
What happens when I buy an eight-round Mossberg from the pawn shop for $250 dollars (that is like 8 Rasberry Pis!)?
Odds are, same outcome: it sits around doing nothing, because nearly nobody is murderer just itching for an easy way to do it.
Anyways, no, I don't think that it will make a huge difference--the materials in use and the resolution in printing is just comical compared to even a simple throwaway zipgun.
it's literally a one liner question, and some intelligent responses were posted as a result.
im baffled.
The average citizen who wants a gun has one. And they have one that is much more effective than this 3D printed gun.
People are losing their marbles over this particular gun because it was put out there with the intention of being provocative. People fear what they are told to fear.
I don't see 3D printing changing the situation very much, as the capability already exists and is harshly regulated.
You can legally make and own unregistered/unserialized AR-15s or other firearms as long as it’s for personal use; you can’t sell, gift or distribute them in anyway. It’s easier and more economical (for now) to buy a BATF compliant 80% finished AR-15 lower receiver then drill/machine the last 20%. You’d have a commercial quality firearm. I think it would be a lot easier to get your hands on a drill, jig and mill than a high quality 3D printer too. There are even build parties where a group of people bring/buy their unfinished lowers and an experienced machinist helps the group finish their firearms.
Again, these guns are unregistered (not in any database) and have no serial number (unless you decide to stamp it with an ID mark in case it gets stolen). There's also no record of the 80% lower sale because its unfinished and not considered a firearm yet.
http://www.atf.gov/firearms/faq/firearms-technology.html: “For your information, per provisions of the Gun Control Act (GCA) of 1968, 18 U.S.C. Chapter 44, an unlicensed individual may make a “firearm” as defined in the GCA for his own personal use, but not for sale or distribution.”
And my understanding is that it is generally considered a good idea to add a serial number, even if it's not legally required. It can make interactions with law enforcement easier if they're not aware of all these details.
I would be utterly stunned if 75% to 95% of mechanical engineers --anywhere in the world-- could not, given the task, design such a gun from scratch. I am not a mechanical engineer and I am 100% confident I could, if interested enough, do a good job of it (I rock at Solidworks and CNC).
This is one of those "you can't un-ring a bell" moments. The design is out and tons of people could design it all over again from first principles. Not sure what the government accomplished other than to make these files --and the general idea of a 3D printed gun-- really popular overnight.
But this isn't the first time ITAR has been abused. Can you say strong cryptography?