The document summarizes the tensions between U.S. export control regulations, specifically the International Traffic in Arms Regulations (ITAR), and the widely held university principle of openness in research. It references the longstanding National Security Decision Directive 189, which maintains that fundamental research—basic scientific inquiries meant for open dissemination—is not subject to export controls and should only be restricted through classification in special security cases. However, policy changes following legislative actions in the late 1990s, notably around satellite technology, have extended ITAR export controls to activities and information previously assumed to fall under the fundamental research exemption. As a result, universities are increasingly pressured to restrict access to research tools and data, especially when foreign nationals are involved, creating a "deemed export" scenario requiring government licenses for participation by non-U.S. persons.
The document expresses concern that such expanded ITAR jurisdiction over university space-related research undermines both the openness central to academic progress and the international collaborative environment essential for innovation. The practical outcomes of these policies include the exclusion of foreign students and scholars, impediments to global research collaborations, the creation of additional administrative burdens, and a damaging erosion of the fundamental research exemption. The handout warns that these restrictions not only hamper academic vitality and the development of critical scientific talent within the U.S., but could also result in a long-term decline in American leadership in key scientific and technological fields, ultimately posing a greater risk to national security than the putative threats these controls are intended to address.
