[letsburnthis]

"[p]ublic domain information which is published and is accessible or available to the public, unrestricted: publications & conferences, patents, fundamental research."

That's the definition for what falls under public domain and isn't export controlled, but say you are the one first publishing and bringing it in to the public domain. Would that first publication of something that isn't currently in the public domain fall under the exception?

[matthewdgreen]

Yes, that's one exception that seems highly relevant to the current case. Software is another. I'd like to believe that "published research is protected by 1A, but the speech necessary to make new published research is not protected" would go over like a lead balloon in the courts. Notice that these laws haven't been tested: instead prosecutors are going after "grant fraud" (and then dropping all charges before a judge can rule.)