


There are several things in ITAR which have never been tested in court. 
The concensus appears to be:

You could be arrested as an international arms trafficker.  (You could,
regardless of the state of the law, but there are some paragraphs which
suggest you would be violating the law.)

If it goes to court, the ITARs could be thrown out is incompatible with the
First amendment; or the court could rule that "software" is "technical
data" not subject to the ITARs; or the court could rule that the
phrase "publicly available" as defined in the ITARs would apply,
making it only subject to requiring a general export license; or, you could
be prosecuted successfully for arms trafficing or espionage.  General
concensus among lawyers who have read the ITARs, is that one of the first
two would occur.