Informed consent v. ITAR: Regulatory conflicts that could constrain commercial human space flight

The Human Space Flight Requirements (promulgated by the U.S. Federal Aviation Administration) seek to protect the fledgling commercial space flight industry by shifting risk from the operator to the space flight participants. However, in order to do this effectively the regulations require a great deal of information to be given to the participants. The information required might be extensive enough that it could be considered “technical data” under the International Traffic in Arms Regulations. If this is the case then commercial spaceflight companies will have to get export licenses for non-U.S. participants on their flights which could cause additional costs as well as other problems.