U.S. Government Control Over the Export of Scientific Research and Other Technical Data: Holes in the Sieve

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Vol: 16, Issue: 2, Page: 583-600

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Greenspoon, Robert
Scientific research; Exports; Export restrictions; Regulation; Weapons; Arms control; Computer software; International Trade Law; National Security Law; Science and Technology Law
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In Part I, I establish the backdrop for answering the question by describing the kinds of scientific data that might be subject to security classification and export licensing. In Part II, I outline briefly who chooses what should be restricted and who enforces these restrictions. In Part III, I describe several situations in which the federal government has vigorously enforced controls over the dissemination of scientific information. I also analyze two recent cases involving computer software that I believe analogize directly to the scientific endeavor. Finally, in Part IV, I explain why First Amendment barriers, the growth of the Internet global computer network, and cultural values peculiar to the scientific community should assuage most concern about categorizing scientific research data for national security purposes.