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Defense Distributed Sues State Department Over 3-D Gun Censorship

SonicSpike writes with word that Cody Wilson, whose projects to create (and disseminate the plans for) printable guns have fascinated some and horrified others, is not going to quietly comply with the U.S. State Deparment's demand that he remove such plans from the internet. Wilson, says Wired, is picking a fight that could pit proponents of gun control and defenders of free speech against each other in an age when the line between a lethal weapon and a collection of bits is blurrier than ever before. Wilson's gun manufacturing advocacy group Defense Distributed, along with the gun rights group the Second Amendment Foundation, on Wednesday filed a lawsuit against the State Department and several of its officials, including Secretary of State John Kerry. In their complaint, they claim that a State Department agency called the Directorate of Defense Trade Controls (DDTC) violated their first amendment right to free speech by telling Defense Distributed that it couldn't publish a 3-D printable file for its one-shot plastic pistol known as the Liberator, along with a collection of other printable gun parts, on its website.

26 of 312 comments (clear)

  1. Bureaucrats by rfengr · · Score: 5, Insightful

    Still amazes me that bureaucrats think things can be "removed from the internet". Good for DD.

    1. Re:Bureaucrats by DaHat · · Score: 5, Insightful

      It still amazes me that Americans think guns are OK.

      Yeah, damn that evil second amendment that no one can seem to do away with

      Bottom line is, More guns = more dead Americans

      Oh what a simplistic view of the world you have, if it was just about guns... why then does a hard to get gun place like Detroit or Chicago have such high shooting and murder rates... while a easy to get a gun place like Plano, TX has such a low murder rate? http://en.wikipedia.org/wiki/L...

      WHEN the US starts thinking their people and their children lives have value, then perhaps they will finally take the steps to protect them by removing guns

      Yes, we don't think lives have value... which is precisely why we do not use guns to protect people, nor have certain people (lets call them police, military and body guards) carrying guns to protect others.

    2. Re:Bureaucrats by sycodon · · Score: 4, Insightful

      Gun deaths - Down
      Gun violence - Down
      Violent crime - Down

      Gun ownership UP.

      Get the picture?

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    3. Re:Bureaucrats by Anonymous Coward · · Score: 2, Insightful

      Comparing intentional homicides to firearm ownership by nation seems to show that America has deeper societal issues leading to violence that has very little to do with whether or not we have firearms. I can only conclude that until we fix the other causes of violence, removing guns not only doesn't fix the problem it will make law abiding people more susceptible, particularly those people who are in socially protected classes.

    4. Re:Bureaucrats by lgw · · Score: 4, Insightful

      WHEN the US starts thinking their people and their children lives have value, then perhaps they will finally take the steps to protect them by removing guns

      Every mass shooting in my lifetime, except one, happened in a gun-free zone (the exception was a political shooting). Making guns illegal, by the evidence, just makes the shooter feel safe that there won't be any return fire.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    5. Re:Bureaucrats by DaHat · · Score: 5, Insightful

      Nice straw men

      On the contrary, I was responding to what was said... and unlike you providing additional information and the suggestion that maybe things weren't as clear cut as was being said.

      Try comparing murder rates between Europe where guns are hard to get and the U.S. where guns are easy to get. Comparing U.S. cities is just silly.

      First... why is it silly? Why is it silly to recognize that gun violence is not uniformly distributed across the country and instead often seen in largest #'s in certain locations? If we follow your logic to other areas, it would seem that you'd claim that economies of all of Europe be balanced out on paper to judge their collective status without noting the relative differences between say... Germany and Greece?

      It's plenty easy to say X==Y or even X=>Y, and often such assertions will be accepted. Often though it's good to examine the underlying environment to see if X=>Y, or if X+(A+B+C)=>Y while X-(A+B+C) !=> Y.

      We let well-trained (in most cases) police and body guards carry weapons, unless you live in Texas where just about any yokel can arm up.

      'We'? Who is 'we'? Where is 'we'? Here in the US, it's relatively straight forward to get a gun in most of the states, though some states (New Jersey being the biggest) and municipalities (Chicago, DC, etc) have additional restrictions on simply purchasing/owning something.

      It's funny you mention carrying... while 3 states allow largely unrestricted concealed carrying of a pistol (ie no permit required), another 39 are 'shall issue' states, which means so long as you meet the requirements and are not otherwise prohibited, you get your permit. I know hating on Texas (a state I have never been to/in) is a favorite pastime on /., it's kind of funny you mentioning them as that while a shall issue state, they are one of only six that prohibits open carrying if a pistol.

      Now that should make you feel real safe, eh?

      Nope, I'm still waiting to hear about 'we'.

      Now, let's make sure only the non-crazy people get those permits to carry a gun. How do you tell which are the crazy ones? You just have to ask them.

      Now we see you straying into straw man territory, where in my original post did I discuss carrying a gun? *hint* I didn't, I only brought it up now in reply to you.

      To my point above, in most states a permit is not required to carry a gun... provided it is visible. And what magic does a permit bestow on a person when carrying concealed? More often than not, you as a private individual cannot tell the difference between a person carrying and not... let alone if the person carrying has a permit to carry or not. This was part of why stop and frisk was so useful, the police were better at spotting such people and removing illegally carried guns from the streets of New York City.

      More so, what on earth does 'asking them' have to do with telling 'which are the crazy ones'? I've known a few disturbed people who are pretty good actors and would not show up on your radar if you asked... but that is why we have other mechanisms to check ones background... if they opt to carry concealed legally.

    6. Re:Bureaucrats by DaHat · · Score: 4, Insightful

      Maybe you should have considered the possibility that guns are purchased legally in Plano, TX and sold illegally in Detroit or Chicago.

      I'm fully aware, not just of that possibility but that reality, black markets often crop up to meet demand... but then how does that change things?

      Is it more or less favorable to have more legally purchased guns?

      Is it more or less favorable to have more illegally purchased guns?

      We could get into a 'criminals prefer unarmed victims' and 'criminals don't follow laws anyway' style argument, however I'll just point go back to my point that if it were as simple as 'more guns == more deaths' as the OP seemed to be implying, then the fact that hard to get a legal gun cities having such high murder rates seems to contradict that and that there are likely other more contributive factors.

    7. Re:Bureaucrats by DaHat · · Score: 4, Insightful

      You fail to mention that ~70% are due to suicide.

      Let's imagine that back on New Years day all guns magically disappeared from the United States and no new ones could be constructed or imported, of the 21,000 people who would have statistically killed themselves with a gun... how many of those would find other successful ways vs would never attempt (or be successful at) killing themselves?

      Now, how many lives do you think would be lost because they were not able to defend themselves against a home invader, carjacker or mugger on the street still armed with knives, clubs & broken bottles?

      It's not as simple of math as you think, no matter how unfortunate.

    8. Re:Bureaucrats by Crashmarik · · Score: 4, Insightful

      You are arguing religion with people that don't even understand they are religious.

      Not trying to dissuade you just observing

    9. Re:Bureaucrats by dywolf · · Score: 3, Insightful

      Red herring.

      The answer is very few, on the order of ~5-10%, because most non-gun suicide attempts are not successful.
      In fact most suicide attempts in general are not successful.
      But the majority of successful suicides are carried out with a gun.

      The difference is that other methods aren't as final and decisive as a gun, and still have a chance of being treated with medical attention, whether because of regret on the part of the person attempting suicide, or someone else calling for help.

      Firearm suicides on the other hand aren't as forgiving.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    10. Re:Bureaucrats by harrkev · · Score: 4, Insightful

      You should not determine public policy by "mass violence." True mass shootings are relatively rare -- they just seem common because of the publicity. It is much better to compare the number of mass shooting victims to the number of people who are struck by lightning. There is a thing called "unintended consequences." Maybe you have heard of it.

      Now, if you actually DID remove all guns, that means that they have also been removed for the hands of honest citizens, and prevented them from preventing crimes! Guns are used around 800,000 times to per year to deter crime (from Wikipedia on defensive gun use).

      Did you know that for every gun used to murder somebody, there are over 30,000 guns that were NOT used in crime? The rates look far worse if you compare the number of penises compared to the number of forcible rapes, and yet you do not claim that we need to reduce the number of male members in society. Why not?

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    11. Re:Bureaucrats by blindseer · · Score: 5, Insightful

      We need to realize our "children lives have value"?

      OK, I'll go down that path. When walking through the mall the other day I saw a man servicing an ATM. That man was armed with a pistol on his belt. Why was he armed? Was it because the money has value?

      When I go to school I see no one armed. All over the college campus no one is allowed to be armed with a gun, knife, pepper spray, taser, or club. Why is that? Does my life not have value? Or the lives of my fellow students? We will allow a man to be armed to protect money, it's just paper. That paper only has value so long as we deem it so, we can print another piece of paper just like it and now it has value but the other does not. A person is not so easily replaced.

      You may claim that we disarm people around schools because we value our children. I say we disarm people because we do not. If we valued our children like we did our money then we'd have the people watching over both be armed to the teeth.

      You also claim that more guns equals more dead Americans. Prove it. Show me your evidence. I can claim otherwise because while gun ownership rates have gone up the murder rates have gone down. However I will not claim that more guns means less death because I don't have to to make my argument. I merely claim that there is little to no correlation between gun ownership and murder or suicide rates.

      If gun control will not save lives then why would I advocate against gun control? Because I find government interference in my life insulting. Unless there is proof of gun control being effective, by a wide margin, then I cannot advocate for the intrusion in my life, the lives of others, the government expense, or general reduction in liberty.

      I don't have to advocate against gun control because the law of the land says my right to defend myself is not to be violated. The bar to restrict it should be very high, but it is not. Thankfully, after at least a century of restrictions on our right of self defense we are seeing liberty return. We've seen a half dozen states enact rules that allow for the carry of a deadly weapon without first requesting permission of the government to do so. The result has been uninteresting. I remember the old Chinese curse about living in interesting times. We could use less "interesting" around here.

      --
      I am armed because I am free. I am free because I am armed.
  2. Re:Hmmm ... by Marful · · Score: 5, Insightful

    A person has rights to privacy, disclosing said person's personal information, particularly with regard to a controversial topic is at the very least negligent and at worst directly contributing to any potential harm that may befall them.

    There is quite a bit difference from public access to 3D printer files and public access to personal information of a specific person.

  3. No real choice but to accept it by Ambassador+Kosh · · Score: 4, Insightful

    It doesn't matter if you think this is a good idea or a bad idea since as a society we have no choice but to accept it and figure out how to best integrate it into our society. 3D printers exist now and they will continue to get better. They can print things like weapons just as they can engines, food or any number of other things. What can be printed is going to continue to advance fairly rapidly. In the end how to 3D print something is just a file and there is no way to control files.

    The music industry has tried to stop music sharing and the movie industry has tried to stop moving sharing and we all now how effective that way.

    We can choose to bury our heads in the sand and not see that our technology has advanced to the point where it has destabilized certain aspects of our society or we can try to figure out a new stability point.

    --
    Computer modeling for biotech drug manufacturing is HARD! :)
  4. I can get plans to build a still by OrangeTide · · Score: 4, Insightful

    But I can't distill alcohol without a license. I can't even own a still without such a license (California, but other states are the same). I can brew 200 gallons of beer and wine a year, but I can't make a pint of vodka.

    But I can freely purchase plans to make my own still, I can order plumbing supplies to put it together. But the moment I have one that is ready to use, I've broken the law. And it will be confiscated and I will be subject to serious fines. (and incarceration in some jurisdictions, although usually not for a first offense)

    Hopefully this parallel helps inform people that government regulation can take many forms. And that if one aspect is too difficult or is illegal to regulate, there are other ways to control a problem and enforce the law.

    --
    “Common sense is not so common.” — Voltaire
  5. Encryption was defined as a weapon as well by putaro · · Score: 4, Insightful

    Encryption was defined as a weapon until '97. There were a number of interesting end runs around that, including a book with all of the PGP source code in it. Since you could print the definition for a 3D gun, banning 3D files for guns should run into the same legal restrictions that banning the publishing of encryption software did.

  6. Re:Hmmm ... by Anonymous Coward · · Score: 5, Insightful

    It's a principled stand that the government shouldn't censor speech (a la 1984). You can have this opinion completely orthogonally to whether or not you believe in full disclosure of everything. You can even hold this opinion and believe in boycotting those whose speech you disagree with.

    In this case, the Supreme Court has upheld (see Heller ) the rights of citizens to own and keep small firearms (which, other than the material used to manufacture them are materially similar to Liberator) under the second amendment. We also have the right to speak without government censorship (barring certain exceptions, none of which seem particularly pertinent here). These two rights together seem to imply the right to speak freely about firearms, such as how to use, store, maintain, and manufacture them.

    However, such information about firearms is caught under a broad interpretation of ITAR (specifically 22 CFR 121.1). The last time we really discussed this was the crypto wars in the '90s (see Bernstein ), where free speech won. On the other hand, I would expect the Supreme Court to prohibit publishing an easy how-to guide for making effective nuclear, chemical, or biological weapons. I think we're closer to the former than the latter in this particular case.

  7. Re:Hmmm ... by gstoddart · · Score: 4, Insightful

    Equivalent? No.

    But the question (for which I don't pose an answer) is "do we accept there are valid limitations on free speech, and if so what defines that?"

    Some entities are awfully quick to cite freedom of speech, and then just as quick to deny it from others.

    So that "principled" stance is often self-serving bullshit.

    --
    Lost at C:>. Found at C.
  8. Re:Standard Law by 0123456 · · Score: 3, Insightful

    All that is needed is to pass a law requiring 3D printers to only allow signed documents to be printed, with multiple private places acting as clearinghouses that vet items (they are not infringing, not a gun part, etc.) Existing 3D printers can be easily banned with ownership of one becoming a felony, just like how magazines over x amount of rounds are illegal to possess now in NJ, California, and other states.

    Like I said, they'll try to control them like the Soviets tried to control typewriters. And that will just result in an economic collapse, as the free countries where anyone can make whatever they want become far more wealthy than the totalitarian Luddites.

  9. Re:Hmmm ... by XxtraLarGe · · Score: 4, Insightful

    So, just as a hypothetical ... would Defense Distributed support someone publishing the names, addresses, SSNs, names of children and the schools they attend for the members of Defense Distributed?

    How is that in any way equivalent to DD trying publish its own data?

    It's not. The only reason gstoddart is asking is because it's a gun group, and he's anti-gun, and can't imagine that someone who is pro-2nd amendment rights could also be pro-1st amendment. The right to self-defense is as much of a civil liberty as the right to free speech, I don't know why that's so hard to understand.

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
  10. Re:Hmmm ... by ShanghaiBill · · Score: 4, Insightful

    So, just as a hypothetical ... would Defense Distributed support someone publishing the names, addresses, SSNs, names of children ...

    Just because someone has a right to say something, doesn't mean you have to "support" what they say. Publishing names, addresses, and names of children is legal, as long as it is not done as part of a credible threat. Disclosing someone's SSN may or may not be illegal depending on what jurisdiction you are in, and what the judge had for breakfast.

    Personally, I think disclosure of SSNs should not only be legal, but should be encouraged. Then we can get rid of the idiotic notion that "knowing" an SSN is somehow evidence that you are the person it belongs to.

  11. Re:You americans... by mrchaotica · · Score: 4, Insightful

    Our commitment to gun ownership is WHY we're Americans (and not British subjects, or even Canadians) in the first place.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  12. Re:Intent matters. by Anonymous Coward · · Score: 2, Insightful

    I think he did. He clearly came to the conclusion that education and libraries are the cause of most political dissent in the world. Once people are liberated from the concept that a human could have rights, the police and military have a much easier job.

  13. Re:Hmmm ... by DaHat · · Score: 4, Insightful

    Prior to anti-hate speech laws, it was legal.

    Really? Where exactly is hate speech illegal in the US today? The First Amendment would seem to preclude such a thing from being enforced much, as like it or not plenty of protected hate-speech exists today... just ask anyone who has heard members of the Westboro Baptist Church speak or protest.

    And no... I'm not talking about "incitement" or "fighting words", they have their own carve outs and for very explicit reasons.

  14. Re:Standard Law by aaron4801 · · Score: 3, Insightful

    The Anarchist's Cookbook is all over the internet, and home-made bombs have killed many, many times more people than a plastic gun ever will. Despite decades of attempted censorship, it's still available. This is just one more exercise in futility, "for the children."

  15. Re:Intent matters. by rahvin112 · · Score: 3, Insightful

    It really doesn't matter what the federalist papers propose or the founders discussed because the weapons the government allows you to own are no threat whatsoever to them. Modern heavy weaponry is not allowed to be owned and without it no citizenry could stand up against a government willing to use said heavy weaponry against their citizens. The 2nd amendment defense against government aggression died when the federal government was allowed to classify weapons and restrict access to the heaviest of those weapons.

    I'm a big supporter of 2nd amendment rights but you are fooling yourself if you think your handgun and semi-automatic rifles are a deterrent to government aggression. The only thing that protects Americans from government aggression in the 21st century is our armed forces being unwilling to take action against the citizenry. That's it, if the military as a whole decided to side with an autocratic regime that seized power in the US there would be no civilian resistance because anyone that tried would be dead. Small arms are not an effective weapon against armored heavy weaponry. This is just a fact.

    There should be no need to defend the 2nd amendment using this silly defense against government. The 2nd amendment exists and it's not going to go away no matter how much the anti-gun lobby wants it to.