The image was created by LBL-designed software (ChemMap). Software which has not been released as open-source are considered export-controlled technical data under U.S. export regulations.
Because LBNL is managed and operated by the University of California, it is subject to the University’s publication policies; this means that there must be no restriction pertaining to the publication of LBNL research results:
“The University of California is committed to upholding and preserving principles of academic freedom. These principles reflect the University’s fundamental mission, which is to discover knowledge and to disseminate it to its students and to society at large.” (see footnotes 1 & 2 below)
Generally speaking, LBNL does not engage in activities which limit our freedom to publish our research. It is the policy of LBNL that we do not accept or conduct research which imposes publication restrictions. This prohibition applies specifically to research and academic activities.
However, LBNL research may involve the technical data or software that is nonpublic and subject to export control and publication restrictions as illustrated in the diagram below:
Publicly Available Technology
Publicly available technology , including information, technical data, and software arising solely from fundamental research , is exempt from export licensing requirements and may be shared freely.
Note: The export of publicly available information to embargoed countries or countries under certain sanctions requires approval from the Lab Export Compliance Office before the export takes place. See Embargoed Countries .
Technology that is not publicly available is controlled. Laboratory workers must consult their Division Export Liaison or the Export Compliance Office on whether a license, license exception or exemption, or authorization is required for any proposed export or transfer of controlled technical data or software to a foreign destination or person, and if so, obtain the required approval. The Export Control Department will designate the appropriate license exception or exemption for the export, if one applies.
Workers must ensure that publications have been evaluated for export-controlled information (ECI) by their Division Export Liaison (DEL) before they are submitted for review as a Laboratory-released publication. See the Requirements and Policies Manual Patents – Publication Review Policy for more information about the Laboratory’s publication process.
1. Academic Freedom, Academic Personnel Manual, APM-010.
2. Publication of Results and No Restrictions on Publication: Based upon the principles of academic freedom and research integrity, the University’s Contract and Grants Manual section 1-410, (http://www.ucop.edu/raohome/cgmanual/) also prohibits publication restrictions on research results absent an exception granted by the Laboratory Director, or the Office of the President. The policy contemplates that exceptions will be granted only in extraordinary circumstances that do not involve censorship of the results of the project.