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Newly legal 3D-printed gun blueprints targeted by state lawsuits

Posted by | 3d printing, defcad, defense distributed, firearms, Gadgets, Government, gun control, guns, lawsuit, Opinion | No Comments

Hot on the heels of the effective legalization of 3D models used to print firearm components, 21 states have filed a joint lawsuit against the federal government, alleging not only that decision is dangerous but also that it’s illegal for a number of reasons. But the lawsuit may backfire via the so-called Streisand Effect, further entrenching the controversial technology.

Earlier this month brought the news that the U.S. government dropped its case against Cody Wilson and his companies dedicated to the proliferation of 3D models of firearm parts. There are still restrictions on how guns can be made and sold, but the files containing 3D data and allowing people to print components seem to have been determined not to fall under those rules.

This was unwelcome news for those in favor of stricter gun control laws, a group apparently including the attorneys general of 21 states. Bob Ferguson, AG for Washington, announced that his team would be leading a lawsuit intended to block the federal actions that legalized this particular form of data.

“These downloadable guns are unregistered and very difficult to detect, even with metal detectors, and will be available to anyone regardless of age, mental health or criminal history. If the Trump Administration won’t keep us safe, we will,” he said in a press release issued today.

They allege that the administration needs the Defense Department to sign off on the decision, and that Congress needed to be notified 30 days in advance. The decision is also held (owing to a lack of on-record citations or consultations) to be “arbitrary and capricious,” and thus illegal under the Administrative Procedure Act.

The Tenth Amendment also gives states the right to regulate firearms, and the filers say that the federal action deprives them of this right and is therefore unconstitutional.

That’s all well in order, but the danger posed by these files is overestimated, as is the ability of the government, state or federal, to curtail their distribution. If this lawsuit is successful, it will have little or no effect on 3D printed guns at all.

“The status quo – which currently ensures public safety and national security by prohibiting publication of firearm design files on the Internet – should be maintained,” reads a letter sent from a number of AGs to Secretary of State Mike Pompeo and AG Jeff Sessions.

At the risk of dipping into an extremely charged debate and sensitive political topic (I’ve added the “Opinion” tag just in case), the status quo does no such thing. It must be said that if effective gun control is the goal, there are far more important steps to pursue. Loopholes abound in existing regulations, for instance gun show purchases of unregistered firearms and “80 percent lowers,” which are a quite legal method for creating them.

Furthermore, any attempt to remove something from the internet is doomed to failure, as we have seen again and again, often enough that the phenomenon has its own nickname, the Streisand Effect. Workarounds for illegal content are numerous and effective, and presumably the type of person interested in printing their own gun will not be shy about using a VPN or torrent site. If anything, a concerted effort to remove something from the internet usually causes that thing to be permanently maintained online as a sort of middle finger to the authorities. It’s not in the internet’s DNA to forget.

While it’s true that outlawing the 3D models would give prosecutors and investigators more to work with, the nefarious actors of the world haven’t been waiting with bated breath on the outcome of the previous lawsuit. Criminals, terrorists, foreign adversaries and so on in the first place don’t even need these files to obtain or create unregistered guns in the first place, nor would their being illegal deter them in the least.

The lawsuit may, it is true, tie up and possibly bankrupt Wilson and his supporters, but that’s not much of a victory and certainly doesn’t make anyone safer. Unfortunately this particular demon isn’t going back in the box.

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Court victory legalizes 3D-printable gun blueprints

Posted by | 3d printing, defense distributed, Gadgets, Government, guns, lawsuit, Security | No Comments

A multi-year legal battle over the ability to distribute computer models of gun parts and replicate them in 3D printers has ended in defeat for government authorities who sought to prevent the practice. Cody Wilson, the gunmaker and free speech advocate behind the lawsuit, now intends to expand his operations, providing printable gun blueprints to all who desire them.

The longer story of the lawsuit is well told by Andy Greenberg over at Wired, but the decision is eloquent on its own. The fundamental question is whether making 3D models of gun components available online is covered by the free speech rights granted by the First Amendment.

This is a timely but complex conflict because it touches on two themes that happen to be, for many, ethically contradictory. Arguments for tighter restrictions on firearms are, in this case, directly opposed to arguments for the unfettered exchange of information on the internet. It’s hard to advocate for both here: restricting firearms and restricting free speech are one and the same.

That at least seems to be conclusion of the government lawyers, who settled Wilson’s lawsuit after years of court battles. In a copy of the settlement provided to me by Wilson, the U.S. government agrees to exempt “the technical data that is the subject of the Action” from legal restriction. The modified rules should appear in the Federal Register soon.

What does this mean? It means that a 3D model that can be used to print the components of a working firearm is legal to own and legal to distribute. You can likely even print it and use the product — you just can’t sell it. There are technicalities to the law here (certain parts are restricted, but can be sold in an incomplete state, etc.), but the implications as regards the files themselves seems clear.

Wilson’s original vision, which he is now pursuing free of legal obstacles, is a repository of gun models, called DEFCAD, much like any other collection of data on the web, though naturally considerably more dangerous and controversial.

“I currently have no national legal barriers to continue or expand DEFCAD,” he wrote in an email to TechCrunch. “This legal victory is the formal beginning to the era of downloadable guns. Guns are as downloadable as music. There will be streaming services for semi-automatics.”

The concepts don’t map perfectly, no doubt, but it’s hard to deny that with the success of this lawsuit, there are few legal restrictions to speak of on the digital distribution of firearms. Before it even, there were few technical restrictions: certainly just as you could download MP3s on Napster in 2002, you can download a gun file today.

Gun control advocates will no doubt argue that greater availability of lethal weaponry is the opposite of what is needed in this country. But others will point out that in a way this is a powerful example of how liberally free speech can be defined. It’s important to note that both of these things can be true.

This court victory settles one case, but marks the beginnings of many another. “I have promoted my values for years with great care and diligence,” Wilson wrote. It’s hard to disagree with that. Those whose values differ are free to pursue them in their own way; perhaps they too will be awarded victories of this scale.

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Don’t Worry: You Can’t 3D Print A Machine Gun

Posted by | 3d printing, defense distributed, Gadgets, guns, TC | No Comments

20150211_162247_preview_featured Prepare yourself for an onslaught media panic because the Ghost Gunner, essentially a kit that lets you print your own AR-15 lower receiver, is ready to ship and getting press attention again. The Ghost Gunner comes to us from Defense Distributed, the creator of the first 3D-printed gun. Here’s the truth: the Ghost Gunner is not a gun. It is not even part of a gun. It is essentially a… Read More

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