"Contrary to popular belief, the people in government who make laws and control regulation are not bumbling idiots."
Actually, in the case of the export restriction laws in question, they were bumbling idiots. These laws were passed in haste after there was an accidental disclosure of technology from the U.S. to the Chinese during an investigation of a launch failure. The law is terribly vague, with industry leaders unable to tell even what is covered by it or isn't. Additionally, enforcement responsibility moved from the Commerce Department to the Defense Department, with a concomitant increase in red tape that really only a large prime defense contractor could have the resources to cope with.
It would not be too much of a stretch to say that this law would be like outlawing airline travel completely on the basis of security concerns arising out of 9/11.
Finally, the arguments that will bring about a much needed change to these regulations will not be economic in nature, they will be arguments about national security. Already there is an international market for technologies untainted by U.S. control. Unfortunately for the U.S., the need for that market is going away as U.S. companies have been isolated for so long, and other nations have been so free to cooperate for so long, that non-U.S. space technology is, for the most part, superior to U.S. technology on cost, reliability, and performance bases. We, the U.S., are losing the larger security war by winning every local security battle with senseless and callous efficiency.
Perhaps not for you and your colleagues, but for the folks at the state department charged with enforcement, it often seems to depend on their personal interpretation on a given day.
Actually, in the case of the export restriction laws in question, they were bumbling idiots. These laws were passed in haste after there was an accidental disclosure of technology from the U.S. to the Chinese during an investigation of a launch failure. The law is terribly vague, with industry leaders unable to tell even what is covered by it or isn't. Additionally, enforcement responsibility moved from the Commerce Department to the Defense Department, with a concomitant increase in red tape that really only a large prime defense contractor could have the resources to cope with.
It would not be too much of a stretch to say that this law would be like outlawing airline travel completely on the basis of security concerns arising out of 9/11.
Finally, the arguments that will bring about a much needed change to these regulations will not be economic in nature, they will be arguments about national security. Already there is an international market for technologies untainted by U.S. control. Unfortunately for the U.S., the need for that market is going away as U.S. companies have been isolated for so long, and other nations have been so free to cooperate for so long, that non-U.S. space technology is, for the most part, superior to U.S. technology on cost, reliability, and performance bases. We, the U.S., are losing the larger security war by winning every local security battle with senseless and callous efficiency.