Every item currently found on the Commerce Control List (CCL) of restricted dual-use items would have to be approved by the Commerce Department before it could appear on the NSCL. In other words, Commerce could, at its sole discretion, veto any proposal to control existing, let alone new technologies.
Even worse from a non-proliferation point of view, is Section 301(c) which prohibits the control of U.S. parts or components if the item is assembled overseas.
In Tuesday's 70-minute arguments, several justices disputed the claims of Bowman's lawyer that the so-called "exhaustion" doctrine of patent law limits the control the patent holder can exert after the first authorized sale of the item.
The second glaring item of the many problems that the operator has faced was the failure of the newly designed remote control guns that Schlumberger insisted would successfully perforate the casing.