The other one is a RFP for power generation component of the DDX program. I assume this is the document Power Paragan, as a military contractor, would received and clear (since the RFP is a public request.)”

I didn’t know what documents are involved in Mak’s case until you posted this message.

If this message is true, then IEEE and all defense institutes who post Request-For-Proposal (RFP) on the web (e.g., DARPA, ONR, ARO, AFRO, DOE, …..) are as guilty as Mak, because they release the same type of information to China military.

I know Mak has one more thing to explain, that is, the encrypted CD, which makes him look suspicious.

But the US government is so desperate that they have to build the case on top of a very controversial charge. If the law is actually a law, not a law against Chinese only, I would like to see all defense institutes send their web administrators to the court, because these administrators have committed export violation crime by posting defense RFP on the web. If this is not happening, then I have to agree to Charles Liu’s point that this is a racial thing. To Tim Tang, you maybe okay, but your sons and your grandsons are still at danger due to the schizophrenic management of law, unless you can change the genes of your descedents.

FYI, although Chinese communists have built the great firewall to block websites from the access of Chinese internet users, I am sure that Chinese Military’s access to the entire Internet is NOT affected by this great firewall. So all the web administrators in those defense institute did successfully violate the export constraints.

What happened to innocent until proven guilty?

Foreign nationals that are associated with the Chinese military who appearantly spent decades to “mole” Mr. Mak in America to release this information…

1. The controlled technical data might be fundamental research or general scientific or engineering principles relating to the defense article. It becomes public domain as well when released at a conference.

2. The controlled technical data may become public domain if it is released at such conferences or otherwise published even though that release or publication would itself be a deemed export violation. The regs do not say “lawfully released” or “lawfully published.”

Given the avenues of release to the public domain listed in the ITAR at 22 CFR 120.11, how does one go about releasing controlled technical data to a U.S.-person-only audience in the first instance? Don’t the available avenues preclude you from being able to limit your potential audience to a specific subset of the general public at the first unveiling?

Does the public domain include foreign nationals?

My disagreement with this analysis is this: public disclosure to other U.S. citizens can be made legally and it is these legal disclosures that may render the information public domain under the ITAR definition. Thereafter, disclosure to foreign nationals of this public domain material is completely legal.

Does the ITAR restrict export of unclassified technical data to foreign nationals?

Does the ITAR defintion of export include oral and visual disclosures?

Does the public domain include foreign nationals?

If the answer to all three questions is yes, how does one release unclassified technical data to the public domain without fear of penalty?

It seems to me, as the ITAR are written today, that the only way to go about releasing ITAR-controlled technical data to the public domain >>without fear of penalty