ITAR is largely voluntary. I say this having looked at the regulations because at one time I wanted to produce/was producing things that fell under ITAR. In a lot of situations if you say it is not restricted by ITAR then it is not.

This leaves me (and hopefully you) wondering what ITAR actually still accomplishes. I guess federal contracts dictate the use of the ensuing technology? I still see issues with that depending on how IP rights are assigned.

I guess we're waiting on the next PGP-style test of export control laws.