Ehh ITAR is very serious, national security level stuff. Sure it's not like agents will have you assassinated, but you will definitely be taken by men with guns (the police/FBI) if you try and export that tech.
There was some discussion in some rocketry forum of possible collisions between tech export and the First Amendment. I think this is still a somewhat open question.
You may end up in case of "You can avoid the rap, but you cannot avoid the ride". And the avoidance would cost a lot.
Of course you might get a national security letter silencing you from even talking to the judges, getting put in a nice trap if you try to garner support to defend yourself on what you did you could run into further issues.
SpaceX would only be willing to make that jump if it were fine never getting a contract from the US government again, which means the US economy and/or state imploded.
There was some discussion in some rocketry forum of possible collisions between tech export and the First Amendment. I think this is still a somewhat open question.