At the Melbourne Future day on March 1 Kevin B. Korb gave a
presentation <a
href="https://www.youtube.com/watch?v=HQUze1wJXso">Technofuture Politics
in Australia</a> (Youtube 617Mb), about the <a
href="http://www.defence.gov.au/ustradetreaty/pdf-docs/defence-trade-controls-act-2012.pdf">Defence
Trade Controls Act 2012</a> and the TPP.
He discussed the DTCA in the blog post <a
href="http://bayesian-intelligence.com/bwb/2013-07/australias-act-of-i…
Act of Intellectual Terrorism: DTCA 2012</a> (July 2013) and links to
http://victimsofdsto.com/dtca/ .
Quoting
/*Australia Prepares to Eat its Brains*/
A key feature of the Act is that it requires prior permission to
communicate new research to a foreign national in any of the nominated
areas. This includes, but is hardly limited to, publishing research in
academic journals. ....
Obtaining prior approval for each research project and, possibly, each
research communication would put an end to a very large amount of
research activity in Australia, directing researchers, students and
subsequent economic activity elsewhere. Permission would be required to
publish across a huge range of areas under active research in the
university sector. Without a clear opportunity to publish, most
academics would choose not to undertake research projects in these
areas, meaning that ARC and NHMRC
I think the current list of
==
<a href="http://www.comlaw.gov.au/Details/F2013C00051/Download">
Defence and Strategic Goods List Amendment 2011 (No. 1)- F2013C00051</a>
Some excerpts
Amendment of Defence and Strategic Goods List
9A012 "Unmanned aerial vehicles" ("UAVs"), associated systems,
equipment and components, as follows:
a. "UAVs" having any of the following:
1. An autonomous flight control and navigation capability (e.g., an
autopilot with an Inertial Navigation System); or
2. Capability of controlled-flight out of the direct vision range
involving a human operator (e.g., televisual remote control);
b. Associated systems, equipment and components, as follows:
1. Equipment specially designed for remotely controlling the "UAVs"
specified in 9A012.a.;
2. Systems for navigation, attitude, guidance or control, other than
those specified in 7A and specially designed to provide autonomous
flight control or navigation capability to "UAVs" specified in 9A012.a.;
3. Equipment and components, specially designed to convert a manned
"aircraft" to a "UAV" specified in 9A012.a.;
4. Air breathing reciprocating or rotary internal combustion type
engines, specially designed or modified to propel "UAVs" at altitudes
above 50,000 feet (15,240 metres).
7D003 Other "software" as follows:
a. "Software" specially designed or modified to improve the
operational performance or reduce the navigational error of systems to
the levels specified in 7A003, 7A004 or 7A008;
b. "Source code" for hybrid integrated systems which improves the
operational performance or reduces the navigational error of systems to
the level specified in 7A003 or 7A008 by continuously combining heading
data with any of the following:
1. Doppler radar or sonar velocity data;
2. Global navigation satellite systems (i.e., GPS or GLONASS)
reference data; or
3. Data from "Data-Based Referenced Navigation" ("DBRN") systems;
c. "Source code" for integrated avionics or mission systems which
combine sensor data and employ "expert systems";
d. "Source code" for the "development" of any of the following:
1. Digital flight management systems for "total control of flight";
2. Integrated propulsion and flight control systems;
3. Fly-by-wire or fly-by-light control systems;
4. Fault-tolerant or self-reconfiguring "active flight control systems";
5. Airborne automatic direction finding equipment;
6. Air data systems based on surface static data; or
7. Raster-type head-up displays or three dimensional displays;
e. Computer-Aided-Design (CAD) "software" specially designed for the
"development" of "active flight control systems", helicopter
multi-axis
fly-by-wire or fly-by-light controllers or helicopter "circulation
controlled anti-torque or circulation-controlled direction control
systems", whose "technology" is specified in 7E004.b., 7E004.c.1. or
7E004.c.2.
ML17. Miscellaneous equipment, materials and 'libraries', as follows,
and specially designed components therefor:
...
"Robot" (2 8 ML17) means a manipulation mechanism, which may be of the
continuous path or of the point-to-point variety, may use sensors, and
has all the following characteristics:
a. Is multifunctional;
b. Is capable of positioning or orienting material, parts, tools or
special devices through variable movements in three dimensional space;
c. Incorporates three or more closed or open loop servo-devices which
may include stepping motors; and
d. Has "user-accessible programmability" by means of teach/playback
method or by means of an electronic computer which may be a programmable
logic controller, i.e., without mechanical intervention.
N.B.: The above definition does not include the following devices:
1. Manipulation mechanisms which are only manually / teleoperator
controllable;
2. Fixed sequence manipulation mechanisms which are automated moving
devices, operating according to mechanically fixed programmed motions.
The program is mechanically limited by fixed stops, such as pins or
cams. The sequence of motions and the selection of paths or angles are
not variable or changeable by mechanical, electronic or electrical means;
3. Mechanically controlled variable sequence manipulation mechanisms
which are automated moving devices, operating according to mechanically
fixed programmed motions. The program is mechanically limited by fixed,
but adjustable stops, such as pins or cams. The sequence of motions and
the selection of paths or angles are variable within the fixed program
pattern. Variations or modifications of the program pattern (e.g.,
changes of pins or exchanges of cams) in one or more motion axes are
accomplished only through mechanical operations;
ML21. "Software" as follows:
a. "Software" specially designed or modified for the "development",
"production" or "use" of equipment, materials or "software",
specified
by the Munitions List;
b. Specific "software", other than that specified by ML21.a., as follows:
1. "Software" specially designed for military use and specially
designed for modelling, simulating or evaluating military weapon systems;
2. "Software" specially designed for military use and specially
designed for modelling or simulating military operational scenarios;
3. "Software" for determining the effects of conventional, nuclear,
chemical or biological weapons;
4. "Software" specially designed for military use and specially
designed for Command, Communications, Control and Intelligence (C3I) or
Command, Communications, Control, Computer and Intelligence (C4I)
applications;
c. "Software", not specified by ML21.a., or b., specially designed or
modified to enable equipment not specified by the Munitions List to
perform the military functions of equipment specified by the Munitions List.
4. Non-servo-controlled variable sequence manipulation mechanisms
which are automated moving devices, operating according to mechanically
fixed programmed motions. The program is variable but the sequence
proceeds only by the binary signal from mechanically fixed electrical
binary devices or adjustable stops;
5. Stacker cranes defined as Cartesian coordinate manipulator systems
manufactured as an integral part of a vertical array of storage bins and
designed to access the contents of those bins for storage or retrieval.
ML22. "Technology" as follows:
a. "Technology", other than specified in ML22.b., which is
"required"
for the "development", "production" or "use" of items
specified by the
Munitions List;
b. "Technology" as follows:
1. "Technology" "required" for the design of, the assembly of
components into, and the operation, maintenance and repair of, complete
production installations for items specified by the Munitions List, even
if the components of such production installations are not specified;
2. "Technology" "required" for the "development" and
"production" of
small arms, even if used to produce reproductions of antique small arms;
3. "Technology" "required" for the "development",
"production" or
"use" of toxicological agents, related equipment or components,
specified by ML7.a. to ML7.g.;
4. "Technology" "required" for the "development",
"production" or
"use" of "biopolymers" or cultures of specific cells, specified by
ML7.h.;
5. "Technology" "required" exclusively for the incorporation of
"biocatalysts", specified by ML7.i.1., into military carrier substances
or military material.
Note 1: "Technology" "required" for the "development",
"production"
or "use" of items specified by the Munitions List remains under control
even when applicable to any item not specified by the Munitions List.
Note 2: ML22 does not apply to:
a. "Technology" that is the minimum necessary for the installation,
operation, maintenance (checking) and repair, of those items which are
not controlled or whose export has been authorised;
b. "Technology" that is "in the public domain", "basic
scientific
research" or the minimum necessary information for patent applications;
c. "Technology" for magnetic induction for continuous propulsion of
civil transport devices.
GENERAL SOFTWARE NOTE (GSN)
(This note overrides any control within section D of Categories 0 to 9.)
Categories 0 to 9 of this list do not control "software" which is either:
1. Generally available to the public by being:
a. Sold from stock at retail selling points, without restriction, by
means of:
1. Over-the-counter transactions;
2. Mail order transactions;
3. Electronic transactions; or
4. Telephone order transactions; and
b. Designed for installation by the user without further substantial
support by the supplier; or
N.B.: Entry a. of the General Software Note does not release
"software" specified in Category 5 --- Part 2 ("Information
Security").
2. "In the public domain".
"In the public domain" (GTN NTN GSN ML22), as it applies herein, means
"technology" or "software" which has been made available without
restrictions upon its further dissemination (copyright restrictions do
not remove "technology" or "software" from being "in the public
domain").
==
The public domain statement above looks like it supports existing Open
Source software. It would be perverse if US redistribution restrictions
broke the "without restrictions upon its further dissemination" caveat.
... But you'd need legal advice ...