[The person that forwarded to us noted: "It is relevant to the current efforts regarding encryption systems, specifically, it is the first instance that I have seen where the Federal Government will require non-government entities to use only government approved encryption...So much for the contention that no one would be forced to use Clipper."] Please note that the included article was NOT written by the person who actually posted it to the network. The author currently does not have Internet access, and has had to have a friend-of-a-friend post it for him. See the note from Bill Higgins just after the headers below. From: higgins@fnalv.fnal.gov (Bill Higgins-- Beam Jockey) Newsgroups: sci.space.policy Date: 28 Jun 94 19:49:02 -0600 Organization: Fermi National Accelerator Laboratory [Wales Larrison has been off the Net for a while and still can't post. But, through a friend's account, he has managed to send me a fresh installment of his commercial-space newsletter. Glad to help post it. This is part 1 of three parts. --Bill Higgins] SPACE TECHNOLOGY INVESTOR/COMMERCIAL SPACE NEWS -- No. 24 [edited for brevity] 3- US COMMERCIAL REMOTE SENSING POLICY FINALLY SET On 9 March, the Clinton administration finally released the official administration policy on commercial collection and sale of high- resolution satellite images. This policy allows the US Department of Commerce to license U.S. companies to operate private remote sensing space systems and sell images from those systems to domestic and foreign customers. Notably, it sets no limits on the resolution of imagery that can be sold. Under this policy, US firms desiring to operate such space systems must apply for a license from the Department of Commerce, in accordance with the Land Remote Sensing Policy Act of 1992. To get a license, each firm must: - maintain a record of all satellite tasking for the previous year and to allow the US government access to this record. - operate the satellite in accord with the characteristics submitted in the license application (although changes can be submitted for approval) - obtain appropriate export licenses for foreign sales of data or hardware. This specifically includes transfer of export sensitive components, subsystems, and information concerning remote sensing space capabilities which are on the US Munitions Control List. Transfer of such sensitive technology can be made available to foreign entities only on the basis of a government-to-government agreement. [*****************************************************************] - use only approved encryption devices, since the US government retains the right to deny unauthorized access to this data to others during periods when national security, international obligations and/or foreign policies may be compromised (as provided for under the LRS Policy Act). [*****************************************************************] - use a data downlink format that allows the US Government access and use of the data during periods when national security, international obligations and/or foreign policies may be compromised (also as as provided for in the Act). - allow the US government to limit data collection and/or distribution when national security or international obligations and/or foreign policies may be compromised. Such a limitation may only be imposed when the Secretary of Defense or the Secretary of State, and the Secretary of Commerce agree to this. Any such decision can be appealed directly to the President. - Pursuant to the Land Remote Sensing Policy Act of 1992, licensees must notify the government of intentions to enter to significant agreements with foreign customers. Under these policy guidelines, a license to Lockheed for a high- resolution space remote sensing satellite was granted on 22 March. [Commentary: I was starting to wonder if any more of the commercial remote sensing licenses would make it through the licensing system. Lockheed originally submitted their license application back in June of 1993, and under the statues which govern the licensing process, they were supposed to have had a ruling on their license within 120 days. The policy apparently hung up until the National Security Council (in particular the State Department, DoD, and CIA) could come to an agreement about how to handle such data in times of crisis. The concern expressed was legitimate -- similar data could have compromised US and allied forces during another situation like Saddam's War in Kuwait/Iraq. During that crisis, SPOT and Landsat voluntarily limited access to data from the Middle East -- but everyone involved recognized some procedure needed to be agreed upon and put in place rather having to work the situation on an ad-hoc basis. The commercial firms planning for high-resolution commercial remote sensing systems seem to fairly pleased with the new policy, and other announcements of license filings are rumored to be in the works. (See below.)]