Mollie McGowan · August 2008
76 GEO. WASH. L. REV. 1327 (2008)
The export of defense-related technical data has garnered significant attention in recent years. Factors such as outsourcing, the increasing ease of transferring technical data, the globalization of manufacturing, and the upsurge in the number of foreign nationals employed by U.S. companies in technology and defense-related fields have all contributed to the rapid rise in the export of defense-related technical data by U.S. companies. This rise, in turn, has led to stringent technical-data export regulations that have made technical data exchanges between and within companies very cumbersome. To further complicate the situation, recent developments have forced U.S. companies to account not only for the actual export of technical data but also for the potential export of technical data.
In exploring how these changes have tightened the regulatory grip on the export of technical data, this Essay discusses the difficulty faced by U.S. companies in limiting their exposure to potential criminal or civil penalties. Part I surveys the background and definitions associated with the export of technological data. Part II examines recent developments in technological exports—namely, charges brought by the U.S. State Department against General Motors—that have changed the export landscape. Part III addresses the aftermath of the General Motors case, while Part IV offers advice on how companies can avoid similar enforcement actions by the State Department.
