5. Revised Definition of Public Domain The Department proposes to revise the definition of ‘‘public domain’’ in ITAR § 120.11 in order to simplify, update, and introduce greater versatility into the definition. The existing version of ITAR § 120.11 relies on an enumerated list of circumstances through which ‘‘public domain’’ information might be published. The Department believes that this definition is unnecessarily limiting in scope and insufficiently flexible with respect to the continually evolving array of media, whether physical or electronic, through which information may be disseminated. The proposed definition is intended to identify the characteristics that are common to all of the enumerated forms of publication identified in the current rule...
The proposed definition requires that information be made available to the public without restrictions on its further dissemination. Any information that meets this definition is ‘‘public domain.’’ The definition also retains an exemplary list of information that has been made available to the public without restriction and would be considered ‘‘public domain.’’ These include magazines, periodicals and other publications available as subscriptions, publications contained in libraries, information made available at a public conference, meeting, seminar, trade show, or exhibition, and information posted on public Web sites.
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A note is added to clarify that a person will be deemed to have knowledge of U.S.-origin ‘‘technical data’’ if the person previously participated in the ‘‘development’’ of a ‘‘defense article’’ described in the same USML paragraph, or accessed (physically or electronically) that ‘‘technical data.’