Balancing the Needs for Space Research and National Security in the ITAR

Abstract

Current export control policies, drafted during the Cold War, require reassessment in light of fundamental changes in the international security environment. The interconnectedness of the global economy, brought about by new technologies that facilitate international collaboration and knowledge sharing, is challenging the American export control framework. Underlying is a tension between the needs for innovation, driven by the free exchange of ideas, and security needs, aiming to prevent potentially sensitive knowledge and hardware from falling into the wrong hands. Academic space research institutions are particularly affected by the International Traffic in Arms Regulations (ITAR) United States Munitions List, which controls broad categories of space systems. Many members of the academic community champion a reactionary approach whereby restricting research in a given area requires that a risk be demonstrated. This stands in contrast to the precautionary approach towards the proliferation of space technology embodied in the ITAR wherein the risk of technology transfer is mitigated through the liberal use of restrictions, controls and State Department oversight. Effective export controls must balance the benefits of requiring that certain technologies be used exclusively by certain U.S. interests with the danger of undermining future innovation. A notional model, supported by interviews and analyses, describes the long- and short-term effects of ITAR upon national security. The notional model provides valuable insight into the dynamics of short- and long- term national security needs and the influence of export control on those needs. Further refinement of the model will allow the influence of potential changes in ITAR procedures to be evaluated and understood. The effects on national security of strengthening or relaxing components of export restrictions can be understood through an expansion of the model and by holding interviews with a variety of stakeholders involved in the innovation, legislation, and enforcement processes.

Publication
Space 2005