ITAR 120.11: TECHNICAL DATA IN THE "PUBLIC DOMAIN"

Information published and accessible to the public:
  1. Through sales at newsstand and bookstores

  2. Through subscriptions which are available without any restriction

  3. Through second class mailing privileges granted by the U.S. Government

  4. At libraries open to the public or from which the public can obtain documents

  5. Through patents available at any patent office

  6. Through unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public, in the United States

  7. Through public release in any form (...) after approval by the cognizant U.S. Government department or agency

  8. Through Fundamental Research
Fundamental Research is defined as "basic and applied research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly within the scientific community".
 
Three criteria are essential:
  • Basic and Applied Research
  • At accredited institution of higher learning in the U.S.
  • Results must be published and shared broadly, so no restrictions are permitted
University research will not be considered Fundamental Research if:
  • the research takes place outside of the University (Example: Research conducted by a Pitt research team at a commercial lab would not be considered Fundamental Research if the technology is subject to the ITAR.)
  • the University or researchers accept any restrictions on publication. ITAR 120.11 (8) (i)
  • the research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable. ITAR 120.11 (8) (ii)

 

See Also: EAR 734.3(B) (3)