I hope he is right about this, the finding and rule would have to agree that Torch does not have a "military" function. Wow Lurker very fine find. Even if they did find a military use, surely direct export to first responders, LEO, Fire Etc. for Civil use would be outside the ambit of the Rule.

eMagin respectfully submits to DDTC that the Proposed Cat. XII Rule is a vast improvement for eMagin’s OLED devices because the new rule would eliminate that “catch-all” paragraph (e) and because such display devices – which in and of themselves have no intrinsic military functionality at all – are not listed in the “positive list” format of the new rule. These two positive changes would therefore eliminate any ITAR jurisdiction over eMagin’s OLED devices, allowing them to be regulated solely under the Export Administration Regulations (“EAR”) as administered by BIS. That, in turn, allows eMagin, as a future exporter of these devices, to follow all the identified advantages of ECR, including easier and faster export trade with U.S. allies such as the NATO member nations, Japan, Australia and New Zealand.

http://www.pmddtc.state.gov/regulations_laws/documents/proposed_rules/CatXIIComments2ndProposed.pdf