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The Courts United States

With 3D Printer Gun Files, National Security Interest Trumps Free Speech, Court Rules (arstechnica.com) 438

A federal appeals court ruled this week against Defense Distributed, the Texas organization that promotes 3D-printed guns, in a lawsuit that it brought last year against the State Department. In a 2-1 decision, the 5th Circuit Court of Appeals was not persuaded that Defense Distributed's right to free speech under the First Amendment outweighs national security concerns. From an ArsTechnica report: The majority concluded: 'Ordinarily, of course, the protection of constitutional rights would be the highest public interest at issue in a case. That is not necessarily true here, however, because the State Department has asserted a very strong public interest in national defense and national security. Indeed, the State Department's stated interest in preventing foreign nationals -- including all manner of enemies of this country -- from obtaining technical data on how to produce weapons and weapon parts is not merely tangentially related to national defense and national security; it lies squarely within that interest.'
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With 3D Printer Gun Files, National Security Interest Trumps Free Speech, Court Rules

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  • Asinine. (Score:4, Insightful)

    by RightSaidFred99 ( 874576 ) on Wednesday September 21, 2016 @07:02PM (#52934807)

    They act as if these are nuclear or biological weapons. There is no compelling interest in keeping plans for primitive 3D printed guns away from anyway, and there is no possible argument that there is.

    • Re:Asinine. (Score:4, Informative)

      by DaHat ( 247651 ) on Wednesday September 21, 2016 @07:06PM (#52934827)

      In the 90's the feds viewed the PGP source code as a possible violation of the Arms Export Control Act as the feds had long viewed encryption tech as a munition, so this is nothing new. There is an easy solution though: https://yro.slashdot.org/comme... [slashdot.org]

      • by SumDog ( 466607 )

        People were printing crypto algos on t-shirts back in the 1990s to fight ITAR classifying crypto as a weapon.

        I didn't know about this. So Defence Distributed just needs to publish books with all 3d schematics .. maybe also a ton of individually scaleable QR codes that represent the actual files.

        • Re:Asinine. (Score:4, Interesting)

          by superwiz ( 655733 ) on Wednesday September 21, 2016 @10:02PM (#52935651) Journal
          This is worse than putting it under Arms Export Control Act. This opens door for legislatures to criminalize possession of the files (a la possession of child porn). Hopefully SCOTUS is smarter than this.
    • Re:Asinine. (Score:4, Insightful)

      by BitterOak ( 537666 ) on Wednesday September 21, 2016 @07:09PM (#52934849)

      They act as if these are nuclear or biological weapons. There is no compelling interest in keeping plans for primitive 3D printed guns away from anyway, and there is no possible argument that there is.

      Exactly. One can't help think there is a hidden agenda here of allowing the government better control of DOMESTIC gun possession. I certainly hope the Supreme Court reviews this case. This represents a huge blow for First Amendment rights, and seems at odds with previous rulings pertaining to source code of encryption software being ruled free speech despite ITAR regulations controlling the export of cryptography.

      • Re:Asinine. (Score:4, Insightful)

        by DaHat ( 247651 ) on Wednesday September 21, 2016 @07:11PM (#52934859)

        Predicted response: "Won't someone think of the children! Guns kill people, encryption doesn't!"

        Alas when it comes to proponents of gun control, you don't often encounter honest or thoughtful people. They have a single goal in mind and ignore all of the existing regulation on the books today.

        • Re: (Score:2, Insightful)

          by SumDog ( 466607 )

          I am against current US gun policy and think the 2nd amendment is insane.

          That being said, I'm against this ruling. Source code and schematics are free speech. This ruling makes no sense from a legal perspective.

          I do think America should register guns, permits should be issued and databases should be searchable and indexable. Currently the only thing the absence of gun registration in the US does is make it more difficult to track crime.

          Guns aren't speech. If you like guns, fine. That's great. Go buy a gun,

          • Re:Asinine. (Score:4, Interesting)

            by Anonymous Coward on Wednesday September 21, 2016 @08:24PM (#52935253)

            Their gun laws post-Hobart shootings have greatly reduced the number of suicides.

            I'm not sure what's more odd or ridiculous about your post:

            That you think Australia's gun control laws were a significant factor in lowering its suicide rate, or that you think most people care about suicide in the first place.

          • Re: Asinine. (Score:3, Insightful)

            by Anonymous Coward

            So right about source code and so wrong about everything else. The only thing a gun database accomplishes is a ready made list of who to go after if things get bad. Make it searchable and you have a ready made list of who owns expensive firearms to rob, and of course who DOESN'T own firearms because they're even better to rob.

            As to Australia, that's a tragedy and loss of freedom of epic proportions and I'm saddened to even think about what happened there with mass gun confiscation and destruction, though

          • Re:Asinine. (Score:5, Informative)

            by Anonymous Coward on Wednesday September 21, 2016 @09:22PM (#52935473)

            I do think America should register guns, permits should be issued and databases should be searchable and indexable. Currently the only thing the absence of gun registration in the US does is make it more difficult to track crime.

            Yes, let's just ignore that Australia used their registration database to confiscate their firearms.

            Fuck your mother. [thefederalist.com]

        • I always find it amusing when some of the biggest opponents of second amendment rights complain about the government infringing on their fourth amendment rights. I don't know what moral ground they claim to stand on, but even if they had one, what the fuck are they going to do about it.

          3D printers make gun control legislation pointless. Unless you also ban 3D printers, you can't stop anyone from getting a gun. Rather than trying to fight the inevitable we should work to create a society where no one has
        • Comment removed based on user account deletion
        • Alas when it comes to the subject of guns, you don't often encounter honest or thoughtful people. They all have a single goal in mind and ignore all of the existing regulation on the books today.

          FTFY.

      • NYTimes published the full guide to making an atomic bomb in the late 80's (still during the Cold War). It was protected speech.
        • It was The Progressive [wikipedia.org], in 1979, and it was thermonuclear bombs, not atomic. (there is no secret to be kept, quoted in 1945. Everyone already know how to build a Uranium bomb, so much so that it wasn't worth testing.) And it wasn't a complete guide, but more of a "these are the mountainous engineering challenges you need to solve". Since communist spies had already lifted far better materials, I don't think the magazine actually helped anyone except curious American nerds.

          Full issue in PDF available her [progressive.org]

    • by Dracos ( 107777 )

      Many things would be less asinine if our government didn't operate from positions of fear and/or paranoia.

      Our government fears the people, yet there is still tyranny. Jefferson would be perplexed and outraged.

    • I disagree completely. Primitive simple weapons are the only dangerous ones. Who cares if technical documents for a hundred billion dollar rocket that takes a team of 500 scientists and engineers to produce and will break down in 5 minutes without a staff of the mostly highly skilled operators and maintainers running 24/7. Now give out technical specifications some naked jungle man can actually use to upgrade his pointy stick to a AK47 and you have something that is actually going to make a difference to na

    • by PCM2 ( 4486 )

      There is no compelling interest in keeping plans for primitive 3D printed guns away from anyway, and there is no possible argument that there is.

      My read is that the argument is a "slippery slope" one. The lawsuit was intentionally filed with the aim of setting a legal precedent that could potentially apply to other, less primitive weapons.

  • by DaHat ( 247651 ) on Wednesday September 21, 2016 @07:03PM (#52934811)

    This is nothing new, Philip Zimmermann was receiving similar threats during the first crypto-war so published the source code of PGP in a book (https://www.amazon.com/PGP-Internals-Philip-R-Zimmermann/dp/0262240394/) and more or less dared the feds to ban a book.

    He won.

    (this is the short version).

    • Interesting. What, if anything, prevents Defense Distributed from also using this tactic to distribute the CAD designs for their 3D printed gun?

      I know there is the matter of the government cracking down on "with a computer" actions but if the goal is to distribute information as freely as possible then I'd think that all means of communication should be utilized. Use the internet, print, semaphore, whatever.

      Send it to the NRA and see if they'll print it in one of their magazines.

  • by Nutria ( 679911 ) on Wednesday September 21, 2016 @07:04PM (#52934815)

    Print the code for the lower receiver in a book.

    • by DaHat ( 247651 )

      It is an unfortunate thing that basically no one involved in the second crypto-war has any memory or even knowledge of the first.

  • because the State Department has asserted a very strong public interest in national defense and national security

    It's nice when people express an interest in my life, but when they start demanding information it gets creepy, and when they start using it as a justification for violating my rights it has become abusive.

  • Improvised firearms are simple to make with little skill, see the Royal Nonesuch YouTube channel for proof.

    The blueprints for the Colt AR-15 have been available on the internet for years, it's just that taking those and producing an actual firearm has been difficult.

    I'm not so sure it's about the proliferation of firearms as much as it is an effort to control our society by denying them access to information. It has been proven time and again that ne'er do wells *DO* obtain firearms illegally.

    • by DaHat ( 247651 )

      It has been proven time and again that ne'er do wells *DO* obtain firearms illegally.

      "That's only because the gun control laws in neighboring states are too lax" - Typical response from control proponent regarding Chicago, New York, DC, etc.

    • Improvised firearms are simple to make with little skill, see the Royal Nonesuch YouTube channel for proof.

      The blueprints for the Colt AR-15 have been available on the internet for years, it's just that taking those and producing an actual firearm has been difficult.

      I'm not so sure it's about the proliferation of firearms as much as it is an effort to control our society by denying them access to information. It has been proven time and again that ne'er do wells *DO* obtain firearms illegally.

      During world war 2 plans for sten guns (submachine guns) were dropped to resistance groups behind enemy lines. They were incredibly easy to build, even without 3d printers and CNC rigs.

  • "Activist" judges? (Score:5, Insightful)

    by whoever57 ( 658626 ) on Wednesday September 21, 2016 @07:16PM (#52934887) Journal

    Those people who are always worrying about "activist" judges should look at this case.

    It appears to me that the court has used a completely made-up "national security exception" to override a clear constitutional right.

    • under the same banner as shouting fire in a theater? It's long since been agreed upon that the gov't can put reasonable restrictions on free speech. At this point we're just arguing over the definition of 'reasonable'. Preventing the existence of completely untraceable guns and the tech to make them seems 'reasonable' to me.

      You can argue that point, you can even argue that I should be able to shout fire in that theater. But it's not fair to call the judge "activist" or declare the issue settled. In fact
      • Let me suggest that you do a little more reading about the "shouting fire in a theatre" claim, since this is not as settled as many people think: https://en.wikipedia.org/wiki/... [wikipedia.org]

        I am not sure that *this* judge is an activist judge, so much as he is relying on other activist rulings.

        And just because it is settled does not mean that it is right. At one time, it was settled knowledge that the sun orbits the earth. "settled" in this context merely means "current situation".

    • Same old story. Compelling interest and interstate commerce are the two biggest bullshit phrases ever to grace a court room. You know why they can set up a temporary checkpoint stopping vehicles for no reason and demand to see all the Driver's licenses and insurance for everyone driving a car through there? Compelling interest. DUI checkpoints forcing everyone to stop whether there is reason to suspect drinking or not, compelling interest, immigration checkpoint 75 miles inside the border, compelling in
    • Comment removed (Score:5, Informative)

      by account_deleted ( 4530225 ) on Wednesday September 21, 2016 @08:01PM (#52935153)
      Comment removed based on user account deletion
  • Comment removed based on user account deletion
  • The government really is out to get them, by any means including corrupting the rule of law to do so.

    Banning means of obtaining personal weapons (like the one used to stop Minnesota Stabby) is clearly not a national security issue, indeed the prevention of means to allow law abiding citizens to acquire guns is far more clearly against the interests of the people - fewer guns mean more rapes, mean more crime, mean more violence against the weak and elderly.

    So we see from this ruling that "national security"

  • by sugarmatic ( 232216 ) on Wednesday September 21, 2016 @07:34PM (#52934991)

    These files are in the open. The are publicly available to anyone who wants to look. I found several in minutes.

    This ITAR issue is prior restraint...trying to put the genie back into the bottle. It reminds me of the silliness in trying to get people with security clearances to not read the Snowden files.

    It is public record. Subjecting it to ITAR at this point simply makes it glaringly clear just how incompatible ITAR is with Constitutional principles.

    • Yes it is ridiculous, but it is also trivial to comply and legally make those plans available to 300 million Americans. Just label the files with the appropriate export control warnings and have down-loaders agree to the restrictions via the type of click through legal agreement that many software downloads have.

      We went through this with encryption software and even web browsers that supported https... ITAR could have broken the Internet except people figured out how to comply and in their compliance show

  • Comment removed based on user account deletion
  • Comment removed based on user account deletion
  • The what Department? (Score:5, Informative)

    by LMariachi ( 86077 ) on Wednesday September 21, 2016 @08:16PM (#52935227) Journal

    the State Department has asserted a very strong public interest in national defense and national security

    Here I was thinking that national defense was the purview of a different department... The name escapes me at the moment.

  • The real problem is that people are allowed to distribute 90% receivers without serial numbers in the first place, not that somebody made a cheap CNC machine to turn them into finished receivers. Fix the real problem, control the receivers just like finished rifles! What we currently have is a loophole that allows any decent machinist to create untracked weapons. Althought personally, I thought the whole thing was a honeypot designed to get the contact info for crackpots and terrorists in the first place; i
    • what does a "tracked" weapon get us?

      terrorist or armed robber can't use a "tracked" weapon? whackjob can't shoot up a schoolyard with his mother's "tracked" weapon?

      My guns were purchased in 1980s and early 1990s. The serial numbers on the record of sale were then kept in file cabinet at the gun store as per state law...but those gun stores aren't around any more. In theory those stores should have turned over those records to the state police and maybe that's what happened. Wonder what cheap paper with

  • I haven't read the opinion, but did the court say that because non-Americans might do bad things, it's ok to strip Americans of their rights in order to prevent non-Americans from doing bad things?
  • If a terrorist was going to bother to make a gun, why wouldn't they use 150 year old methods rather than 3D printing one?

    Aside from very underpowered calibers such as .22 or .380ACP, to have an entirely 3D printed gun that fires a normal standard self-defense or carbine round requires laser sintered metal process, plastic doesn't work without significant risk of explosion.

    AK-47 variants on the black market can be had for $250 to $600 in various parts of the world. Not seeing any reason a terrorist would ev

  • ... In a country wher it is legal to build your own gun (as long as you do not sell it) is it ever questionable that you should not be allowed to 3D print one?
  • NYTimes published full manual on making an atomic bomb in the 80's. That was deemed protected speech despite the fact that the non-proliferation treaty was more than a mere piece of paper at the time. Certainly that endangered national security. Dissemination of source code for all crypto is also considered protected (although not dissemination of compiled code). This seems to go against the standard that blueprints for making dangerous apparatus is protected. Considering that possession of a printed g
  • Making semiauto or single-shot firearms for personal use is 100% legal in the US but a plastic gun that will blow up in your face after 20 rounds is teh evilz....

    PDF books containing blueprints for real zip guns and submachine guns you can make in your basement like the Sten Mk II are ok.

    PDF books containing plans and construction guidelines for submachine guns you can construct from materials at the hardware store are ok.

    The Anarchist Cookbook is ok.

    There is even court precedent proving that these were all

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