[ISN] Re: A plausible argument why the ITAR are not valid.

From: mea culpa (jerichoat_private)
Date: Mon Jun 29 1998 - 15:38:12 PDT

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    From: <anonymous>
    > I have just read an amazing article which argues rather persuasively that
    > the ITAR are invalid because they fail to conform with the Paperwork
    > Reduction Act.  The article is Jon W. van Horne, A Potential Out for
    > Weapons Dealers, Legal Times June 22, 1998 pages s32 and s33.
    > (Incidentally, van Horne is a "shareholder" in the D.C. office of the
    > Greenberg Traurig law firm). 
    Yup, that's an intense argument against ITAR - specifically with regard to
    the stuff I see around work.  And yes, those arguments could be
    effectively made, but the powers-that-be will be able to grant themselves
    an All Inclusive Divine Excuse when the rubber hits the road.  (It's done
    more than anyone cares to admit.)
    Speaking only for myself, the necessary shift from paper to electronic
    media does not necessarily make ITAR data any more amenable to
    uncontrolled export. 
    > I'd **consult a lawyer** before doing anything, if only because van Horne
    > also outlines a legal theory the government could use to justify the
    > validity of the ITAR.
    There's the canonical Ace of Spades.  Let us remember that, while the
    government must abide by the rules, it also wrote the rules.  "Doest what
    though wilt to save thou from wilting," shall be the Loophole of the Law
    and all that. 
    > Were it not legal advice, one would be tempted to say, "Gentelpersons,
    > start your exports."  
    With up to a $1,000,000 fine and 10 years in prison hanging over a
    technicality, I think I'll opt to play it safe.  :) 
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