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Nanomedicine: Future Legal, Nanomedicine: Future Legal, Ethical and Policy Ethical and Policy
ConsiderationsConsiderations
SIU School of Medicine and School of Law SIU School of Medicine and School of Law Presentation, June 13, 2008Presentation, June 13, 2008
Linda MacDonald Glenn, JD, LLMLinda MacDonald Glenn, JD, LLM
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The NBIC ReportThe NBIC Report
Converging Technologies Converging Technologies for Improving Human for Improving Human
PerformancePerformance
NNanotechnology, anotechnology, BBiotechnology, iotechnology, IInformation Technology, and nformation Technology, and
CCognitive Scienceognitive Science
NSF/DOC-sponsored reportNSF/DOC-sponsored report
June 2002June 2002
Arlington, VirginiaArlington, Virginia
http://www.technology.gov/reports/2002/NBIChttp://www.technology.gov/reports/2002/NBIC
ScaleScale
0.1 m
Canary Island palm
Mosquito
Nano-needle
0.001 m
penetration
micropenetration
nanopenetration
Offshore oil rig
macropenetration
0.01 m
10 m
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Eight nodes of societal discussion on nanotechnologyEight nodes of societal discussion on nanotechnology
((Munshi, Kurian, and Bartlett, 2007)Munshi, Kurian, and Bartlett, 2007)
1) technoscientists, especially those either working on or 1) technoscientists, especially those either working on or supervising some nanotechnological application who, supervising some nanotechnological application who, almost invariably, tend to glorify nanotechnology;almost invariably, tend to glorify nanotechnology;
(2) leaders of business and industry who want to cash in (2) leaders of business and industry who want to cash in on the projected benefits by developing a market for on the projected benefits by developing a market for nanotechnology-driven products;nanotechnology-driven products;
(3) official or quasi-official bodies that generate a (3) official or quasi-official bodies that generate a significant amount of literature;significant amount of literature;
(4) social science and humanities researchers who tend to (4) social science and humanities researchers who tend to focus on the social, economic, political, legal, religious, focus on the social, economic, political, legal, religious, philosophical, and ethical implications of philosophical, and ethical implications of nanotechnology;nanotechnology;
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Eight nodes, continuedEight nodes, continued
(5) fiction writers with imaginative scenarios, both utopian (5) fiction writers with imaginative scenarios, both utopian and dystopian;and dystopian;
(6) political activists, particularly those with an (6) political activists, particularly those with an environmental worldview, who tend to extend to environmental worldview, who tend to extend to nanotechnology the issues long raised by them with nanotechnology the issues long raised by them with regard to biotechnology;regard to biotechnology;
(7) journalists and popular science writers who report on (7) journalists and popular science writers who report on current events, perspectives, and funding regimes current events, perspectives, and funding regimes relating to the field; andrelating to the field; and
(8) John Q. and Jane D. Public, who are yet to (8) John Q. and Jane D. Public, who are yet to significantly grapple with or discuss nanotechnology in significantly grapple with or discuss nanotechnology in any depth.any depth.
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Three ApproachesThree Approaches
• (1) Optimists-'technology is good'-Full speed (1) Optimists-'technology is good'-Full speed ahead (with 'responsible' drivers at the wheel); ahead (with 'responsible' drivers at the wheel);
• (2) Realists-'technology is neutral'-Invite a few (2) Realists-'technology is neutral'-Invite a few of the passengers to suggest alternative routes of the passengers to suggest alternative routes (the 'upstream' approach); (the 'upstream' approach);
• (3) Skeptics-'technology is political'-Get out the (3) Skeptics-'technology is political'-Get out the map and let everyone decide if they want to map and let everyone decide if they want to take a trip and if car, bike or bus is the best way take a trip and if car, bike or bus is the best way to go" to go"
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First, the Promises…First, the Promises…
'Nano-needle' operates on cell'Nano-needle' operates on cellBBC News, December 15, 2004BBC News, December 15, 2004 - -Japanese scientists have performed a Japanese scientists have performed a delicate surgical operation on a single delicate surgical operation on a single living cell, using a needle that is just a few living cell, using a needle that is just a few billionths of a metre wide. (200-300 billionths of a metre wide. (200-300 nanometers)nanometers)
The needles used much less force to penetrate the The needles used much less force to penetrate the cell than a conventional Atomic Force Microscope cell than a conventional Atomic Force Microscope probe, causing less damage and deformation to probe, causing less damage and deformation to thethe cell. cell.
In one experiment, on a human embryonic kidney In one experiment, on a human embryonic kidney cell, the scientists managed to insert the needle cell, the scientists managed to insert the needle accurately into the cell's nucleus, which contains its accurately into the cell's nucleus, which contains its genetic material. genetic material.
The humble mosquito
http://www.nomorebites.com
MalariaMalaria
Viral encephalitisViral encephalitis
Dengue feverDengue fever
Malaria
Malaria kills 2 million people each year.
Worldwide prevalence of falciparum malaria is half a billion people.
The Current Global PictureMalaria is a public health problem today in more than 90 countries, inhabited by a total of some 2,400 million people - 40% of the world's population.
How might nanomedicine help to fight diseases like malaria?How might nanomedicine help to fight diseases like malaria?
Red blood cells
Image taken from "The Microscopic Diagnosis of Tropical Diseases", Published by BAYER in 1955 (Public Domain).
Each erythrocyte contains 270
million hemoglobin molecules
10,000 nm
Plasmodium falciparum
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The Future: Nanorobots?The Future: Nanorobots?
Nanomachines are largely in Nanomachines are largely in the research-and-development the research-and-development
phase, but some primitive phase, but some primitive devices have been tested. The devices have been tested. The
first useful applications of first useful applications of nanomachines will likely be in nanomachines will likely be in
medical technology, where medical technology, where they could be used to identify they could be used to identify
pathogens and toxins from pathogens and toxins from samples of body fluid and samples of body fluid and
destroy them. (Wikipedia)destroy them. (Wikipedia)
Optical tweezers stretch a healthy red blood cell (top row of images; left to right, increasing force in the picoNewton range) and a cell in a late stage of infection with the P. falciparum malaria parasite (bottom row; same force levels as above). Note the parasite visible in the bottom three images, and
how the cell cannot be easily stretched by the tweezers. Photo courtesy / Suresh et al.
http://www.voyle.net/Nano%20Medicine/Medicine%202004-0068.htm
MIT professor Subra Suresh, left, and research scientist Ming Dao
Here Now: Optical Tweezers
Silica spheres or beads are attached to opposite sides of a red blood cell, and a laser beam is aimed at one bead. Under the right conditions, the laser "traps" the bead, so that the trapped bead can be pulled, stretching or deforming the cell.
Genomics
DNA molecule
1 nm
Complete 24 mb genome sequence of Plasmodium falciparum published in Nature [2002 Oct 3; 419(6906): 498-511
Information at the nanoscale
CTAAACCTAA ACCTAAACCC TGAACCCTAA ACCCTAAACC CTGAACCCTA AACCCTGAAC CCTGAACCCT AAACCCTGAA CCCTAAACCC TGAACCCTGA ACCCTAAACC CTAAACCCTA AACCCTAAAC CCTAAACCCT AAACCCTGAA CCCTAAACCC TGAACCCTAA ACCCTAAACC CTAAACCCTA AACCCTAAAC CCTGAACCCT AAACCCTGAA CCCTGAACCC TAAAACCTAA ACCCTAAACC CTAAACCCTG AACCCTAAAC CCTGAACCCT AAACCCTAAA CCCTGAACCC TAAACCCTAA ACCCTGAACC CTAAACCCTG AAACCTAAAC CCTGAACCCT AAACCCTGAA CCCTGAACCC TAACCCTAAA CCCTAAACCT AAAACCCTGA ACCCTAAACC CTGAACCCTG AACCCTAAAC CCTGAACCCT AAACCCTAAA CCCTGAACCC TAAACCCTGA ACCCTAAACC CTAAACCCTG AACCCTGAAC CCTAAAACCT AAACCCTAAA CCCTAAACCC TAAACCCTGA ACCTAAACCT AAAACCTAAA ACCTAAAACC CTGAACCCTT ACTTTTCATT TCTTCTTCTT ATCTTCTTAC TTTTCATTCT TTACTCTTAC TTACTTAGTC TTACTTACTT ACTCTTACTT ACTTACTCTT ATCTTCTTAC TTTTCATTTC TTAGTCTTAC TTACTTACTC TTACTTACTT ACTCTTATCT TCTTACTTTT CATTCCTTAC TCTTACTTAC TTACTGTTAT CTTCTTACTT TTCATTCCTT ACTCTTACTT ACTTACTCTT ACTTACTTAC TCTTACTTAC TTACTCTTAT CTTCTTACTT TTCATTCCTT ACTCTTACTT ACTTACTCTT ACTTACTTAC TCTTATCTTC TTACTTTTCA TTCCTTACTT TTCATTTCTT AGTCTTACTT ACTTACTCTT ACTTACTTAC TCTTACTTAC TTACTCTTAC TTTCTTCTTC TTATCTTCTT ACTGTTATCT TCTTACTTTT CATTCCTTAC TCTTACTTAC TTACTCTTAT CTTCTTACTT TTCATTCCTT ACTCTTACTT ACTTACTCTT ATCTTCTTAC TTTTCATTCC TTACTCTTAC TTACTTACTC TTATCTTCTT ACTTTTCATT CCTTACTCTT ACTTACTTAC TCTTACTTAC TTACTCTTAC TTACTTACTG TTATCTTCTT ACTTTTCATT CCTTACTCTT ACTTACTTAC TCTTACTTAC TTACTCTTAC TTACTTACTC TTATCTTCTT ACTTTTCATT TGTTAGTCTT ACTTTCTTCT TCTTAGGTCC TTACTTTTCA TTTCTTAATC ATATATTCTT ACTCATATAG TTCTTGACTT AACTTCTTAT TCTTACTTAC TTACTCTTAT ATTCTTTTTA TCATGTTCAA GGTCTTACTT CTTAAATATT AGGTCCTTAA TCTCATAATT CTACTCTTAC TTTCTTACTT CTAGAACCTT ATTCTTACTT TCTTCATCTT ACATCCTCAG TCTCAAGTCT TTAATCTTAT CTTCTTACTC TTACTTACTT ACTCTTATCT TCTTACTTCT CATTTCTTAC TCTTACATAC CTTCTCTTCA TTCTTCAATC ATCAATTCTC ACTCTTCATT CCTTGGTCTT ACTTCTTTCT TCTTAATGTC ATACTTTTAT CCCCTATTAT CATCTACTTA GTCTTCATTT ACTCTTCTAA CTTCTTCATC TATCACTTTT CATCATCATT CATGCTTACT TAACTTACTT TCATATACTT ACTTCTACTA CATCTTCACC AAATCCGGAC TTAGCTTAAC TTTTCTCTCT TTATTCTTAC CTTACTTAGC TCTTACATAC TTAGGATCTA CTTCTTACTT ACTACTACCT TACTTACCTC TTATTTCACT TACATCTAGG TACTTATCCT ACTTTACTTC TCTTATCTTA CTTCTTTATT CTCAGATTCC GGACTTAGCT TAACTTTTTT GTGTTTGTTC TTATCTTACT TAGCTCTTAC ATACTTAGGA TCTACTTCTT TACTTACTTT CTTCTTACTT ATGTGGTAAT AAGCTACTCG GTTGGGCACT AAGGTTAGGT TTAGCTGTTC TTTAGTTCTT AAAGGGTAAG AATTTAAGGT TTGTATTGAA TTATTATTAC TATTTCATTA CTATTGTTGC TATTAAGGAC TTATAATGTT ATGTTTTCTA TCCATTTTGT TCTTTTATGT TACTAAATTC ATTGTAGATT CCGGATTTAG CTCATTAACT ATGCTTCTTA CTTCTTCTTT TACTCTTTTT AGGTCTTATG TTGTATTTAG AGTAGTAATG TTACTTAATT AGTACTTAGG ATTCATCTCA TGTAGGTTAT ATGTTCTTAT AAGGTGCACC TACATGCATA ATATCATCCA ATATATCTCA TTTAGTACTA CTATGATGAC TTATATTATC ATTATCTTAC
Plasmodium falciparum genome
etc. etc.
nucleoside diphosphate kinase B
Proteomics and drug targeting
Pfal007254AAAPlasmodium falciparum/ Glyceraldehyde-3-phosphate dehydrogenase (GAPDH) is a key glycolytic enzyme. This target has been an exploratory target for drug design by the MMV (Medicines for Malaria Venture: http://www.mmv.org).
Nanomedicine frontiers• Diagnostic tools
– Rapid DNA analysis on a chip using a small sample size
– Nanoparticle probes (quantum dots) linked to biomolecules
• Drug delivery– Increased surface area enhances antimicrobial properties
– Target-specific drugs that release antibiotic only when infection is detected
• Nanomaterials– Coatings to increase implant adhesion and durability
– Nanostructure scaffolds for tissue regeneration
• Implantable drug delivery systems
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H Nanoporous membrane with 24.5-nm pores.Nanoporous membrane with 24.5-nm pores. S.L. Tao and T.A. Desai, Microfabricated drug delivery systems: from S.L. Tao and T.A. Desai, Microfabricated drug delivery systems: from particles to pores, particles to pores, Adv Drug Delivery RevAdv Drug Delivery Rev 5555 (2003), pp. 315–328 (2003), pp. 315–328
Nanopore Nanopore immuno-isolation devicesimmuno-isolation devices
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Metal “nanoshells” are 100 nm diameter Metal “nanoshells” are 100 nm diameter spheres of gold-coated silica.spheres of gold-coated silica.
Molecular conjugates can be designed to Molecular conjugates can be designed to recognize and bind to tumor cells.recognize and bind to tumor cells.
Nanoshells have size-dependent tunable Nanoshells have size-dependent tunable optical properties.optical properties.
When they come into contact with cancer-When they come into contact with cancer-specific membrane biomarkers, their specific membrane biomarkers, their absorption peak shifts to the near-infrared absorption peak shifts to the near-infrared spectrum. Light passing harmlessly through spectrum. Light passing harmlessly through normal tissue causes cancer cells to heat normal tissue causes cancer cells to heat up and be destroyed.up and be destroyed.
Drezek and West, Rice UniversityDrezek and West, Rice University
NanoshellsNanoshells
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Nanofiber scaffoldsNanofiber scaffolds
Stupp, Kessler, et al., Northwestern UniversityStupp, Kessler, et al., Northwestern University
Self-assembling Self-assembling nanofiber scaffoldnanofiber scaffold
Mouse neurons growing Mouse neurons growing within scaffoldwithin scaffold
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Self-aggregating structureSelf-aggregating structure
Beta-amyloid plaque of Alzheimer’s diseaseBeta-amyloid plaque of Alzheimer’s disease
Beta-amyloid fibril aggregates have been used Beta-amyloid fibril aggregates have been used as templates for growing metal nanowires.as templates for growing metal nanowires.
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NanoencapsulationNanoencapsulation
Lambda cyhalothrin capsules attach to the mosquito’s hairs when it comes into contact with a treated net. This insecticide is highly effective at low doses against many insects that vector human diseases. Syngenta has developed a water-based, capsule suspension formulation for the treatment of bednetting and is exploring nanoencapsulation methods.
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• Improving work efficiency Improving work efficiency and learningand learning
• Enhancing sensory and Enhancing sensory and cognitive capabilitiescognitive capabilities
• Revolutionary changes in Revolutionary changes in healthcarehealthcare
• Enhancing human Enhancing human capabilities for military capabilities for military purposespurposes
• Nanotechnology-based Nanotechnology-based implantsimplants
• Brain-to-brain and brain-to-Brain-to-brain and brain-to-machine interfacesmachine interfaces
Some anticipated NIBC payoffs Some anticipated NIBC payoffs
(pp. ix-xi)(pp. ix-xi)
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The Perils…The Perils…
• We have seen just some of the potential We have seen just some of the potential benefits of nanomedicine research. They benefits of nanomedicine research. They are compelling and should be pursued.are compelling and should be pursued.
• What potential adverse effects should What potential adverse effects should concern us as a society?concern us as a society?
– PracticalPractical
– Ethical and Legal ConcernsEthical and Legal Concerns
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Chances are, you have recently been monitored by this optical surveillance structure:
1 mm
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Practical ConcernsPractical Concerns
• How to build nanodevices thatHow to build nanodevices that– Do what is intendedDo what is intended
• Accurate indicators of biologic functionAccurate indicators of biologic function– Minimize false negative diagnosesMinimize false negative diagnoses– Minimize false positive diagnosesMinimize false positive diagnoses
• Reliable therapeutic effectReliable therapeutic effect
– Are economical to manufactureAre economical to manufacture– Are safeAre safe
• Minimize tissue toxicityMinimize tissue toxicity– Needs further studyNeeds further study
• Minimize environmental impactMinimize environmental impact– ““Gray goo” and ecosystem toxicityGray goo” and ecosystem toxicity
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Water concentration of 500 ppb led to a 17-fold increase in lipid peroxidation in largemouth bass brain tissue.
Eva Oberdorster of Southern Methodist University
Buckyballs cause brain damage in fish
New Scientist, 29 March 2004
Ecological effectsEcological effectsneed further studyneed further study
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Protecting Our Borders:Protecting Our Borders:The Blood-Brain BarrierThe Blood-Brain Barrier
Experiments by University of Rochester Experiments by University of Rochester toxicologist Gunter Oberdoerster showed that toxicologist Gunter Oberdoerster showed that nanoparticles can make their way from a rat's nanoparticles can make their way from a rat's throat into its brain, apparently via the nasal throat into its brain, apparently via the nasal cavities and olfactory bulb. cavities and olfactory bulb.
““Who knows how they interact with cells Who knows how they interact with cells there?” Oberdoerster asked. “Maybe they do there?” Oberdoerster asked. “Maybe they do something bad and lead to brain diseases.”something bad and lead to brain diseases.”
For Science, Nanotech Poses Big UnknownsFor Science, Nanotech Poses Big Unknowns
Rick Weiss, Washington Post Rick Weiss, Washington Post Sunday, February 1, 2004; Page A01 Sunday, February 1, 2004; Page A01
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Nanotech ‘borg’ dystopia?Nanotech ‘borg’ dystopia?
““The twenty-first century The twenty-first century could end in world peace, could end in world peace, universal prosperity, and universal prosperity, and evolution to a higher level of evolution to a higher level of compassion and compassion and accomplishment. . . . accomplishment. . . .
It may be that humanity It may be that humanity would become like a single, would become like a single, distributed and distributed and interconnected ‘brain’ based interconnected ‘brain’ based in new core pathways of in new core pathways of society.” (NBIC, p. 6)society.” (NBIC, p. 6)
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Could nanotechnology achieve a symbiosis of brain and Could nanotechnology achieve a symbiosis of brain and computer? And should we hope for that?computer? And should we hope for that?
• ““We see this future We see this future in terms of a in terms of a coming nano-neuro-coming nano-neuro-cogno-symbiosis cogno-symbiosis that will enhance that will enhance human potential . . . human potential . . . by opening direct by opening direct channels of natural channels of natural communication communication between body and between body and artificial nervous artificial nervous systems for the systems for the seamless fusion of seamless fusion of technology and technology and mind.” (NBIC report mind.” (NBIC report p. 256p. 256))
““Hive mind. . . . Think Vulcan mind-meld. We Hive mind. . . . Think Vulcan mind-meld. We would perhaps become more of a hive mind – would perhaps become more of a hive mind – an enormous, single, intelligent entity.” an enormous, single, intelligent entity.” (NBIC p. 169)(NBIC p. 169)
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ConcernConcern
• Malicious use Malicious use – If powerful new technology were If powerful new technology were
available toavailable to• Rogue governmentsRogue governments• Terrorists Terrorists
– Once the means to a technology is Once the means to a technology is developed, it may eventually fall within developed, it may eventually fall within reach of any interested ($) partyreach of any interested ($) party• A new arms race of more powerful A new arms race of more powerful
nanoweaponrynanoweaponry
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Some technologiesSome technologies
• May be too dangerous to developMay be too dangerous to develop– If the risk of reaching the wrong hands If the risk of reaching the wrong hands
exceeds our ability to contain extremely exceeds our ability to contain extremely lethal strains securelylethal strains securely
Killer flu recreatedKiller flu recreated in the labin the lab
BBC News, October 7, 2004BBC News, October 7, 2004
Genetically modified Genetically modified Yersinia pestisYersinia pestis
Antibiotic resistant Antibiotic resistant anthraxanthrax
What can our knowledge of infectious agents What can our knowledge of infectious agents teach us about conceiving precautionary teach us about conceiving precautionary standards for biologically active self-standards for biologically active self-replicating nanodevices?replicating nanodevices?
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A Double Edged SwordA Double Edged Sword
The American humorist Will Rogers once quipped: "You The American humorist Will Rogers once quipped: "You can't say civilization isn't advancing. In every war they can't say civilization isn't advancing. In every war they kill you in a new way." kill you in a new way."
““Technology has always been a double-edged sword, Technology has always been a double-edged sword, empowering both our creative and our destructive empowering both our creative and our destructive natures. It has brought us longer and healthier lives, natures. It has brought us longer and healthier lives, freedom from physical and mental drudgery, and many freedom from physical and mental drudgery, and many new creative possibilities. Yet it has also introduced new creative possibilities. Yet it has also introduced new and salient dangers…Stalin’s tanks and Hitler’s new and salient dangers…Stalin’s tanks and Hitler’s trains used technology. And we still live today with trains used technology. And we still live today with sufficient nuclear weapons—not all of which appear to sufficient nuclear weapons—not all of which appear to be well accounted for—to end all mammalian life on be well accounted for—to end all mammalian life on the planet.” – Ray Kurzweilthe planet.” – Ray Kurzweil
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Some Ethical/legal Issues Nanomedicine is Some Ethical/legal Issues Nanomedicine is likely to face over the next 25 yearslikely to face over the next 25 years
•Privacy, confidentiality•Informed consent (Artificial Research Subjects)•Augmentation: Enhancement vs. therapeutic, the President’s commission report •Emotions, competence, autonomy, and the law•Capability and culpability (proportional autonomy)•Synthetic humans: are they persons or property?•Issues of Identity•A new lexicon, taxonomy to describe new, complex relationships. (Personal Cognitive Aides)•Issues of justice and equity (the “digital divide”)
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Humans and PersonsHumans and Persons
• All humans are persons BUT, the law All humans are persons BUT, the law says…says…
• All “persons” are NOT humans...for All “persons” are NOT humans...for example, corporations, municipalities, example, corporations, municipalities, even ships have been granted status as even ships have been granted status as persons by the US Supreme Courtpersons by the US Supreme Court
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Criteria for Personhood?Criteria for Personhood?
• All Living ThingsAll Living Things• ConsciousnessConsciousness• SentienceSentience
– Peter Singer & Tom ReganPeter Singer & Tom Regan
• Self-AwarenessSelf-Awareness• RationalityRationality
– DescartesDescartes
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Joseph Fletcher’s 15 Propositions for Joseph Fletcher’s 15 Propositions for PersonhoodPersonhood
1. minimum 1. minimum intelligence,intelligence,
2. self-awareness, 2. self-awareness, 3. self-control3. self-control 4. a sense of time4. a sense of time 5. a sense of 5. a sense of
futurityfuturity 6. a sense of the 6. a sense of the
pastpast 7. the capability of 7. the capability of
relating to others,relating to others,
8. concern for others,8. concern for others, 9. communication 9. communication 10. control of 10. control of
existenceexistence 11. curiosity, 11. curiosity, 12. change and 12. change and
changeabilitychangeability 13. balance of 13. balance of
rationality and rationality and feeling,feeling,
14. idiosyncrasy 14. idiosyncrasy 15. neocortical 15. neocortical
functioningfunctioning
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What Beings Should be Considered What Beings Should be Considered Persons?Persons?
•Fetuses?Fetuses?•Animals?Animals?•Artificial Intelligence?Artificial Intelligence?•Categories inbetween?Categories inbetween?•Beings with Numerous Neural Beings with Numerous Neural
Implants and Augmentations?Implants and Augmentations?
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What the Courts have said…What the Courts have said…
• The U.S. Court of International Trade, in The U.S. Court of International Trade, in Toy Toy Biz, Inc. v. United States Biz, Inc. v. United States in tariff disputein tariff dispute
• U.S. Customs classified the action figures as U.S. Customs classified the action figures as dolls representing only human beings. dolls representing only human beings.
• Toy Biz argued that the action figures were toys Toy Biz argued that the action figures were toys or non-human creatures (i.e. robots and or non-human creatures (i.e. robots and monsters).monsters).
• The Court held that the action figures did The Court held that the action figures did not not represent human beings because they had represent human beings because they had ‘robotic’ features or ‘monster-like’ features.‘robotic’ features or ‘monster-like’ features.
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Identity and RightsIdentity and Rights
• Jack-O-Lantern case – US Supreme Court 1922Jack-O-Lantern case – US Supreme Court 1922• 'In rebuilding operations the test is whether 'In rebuilding operations the test is whether
the the identity identity of the vessel has continued, or has of the vessel has continued, or has been extinguished…been extinguished…
• This court has not undertaken and will not This court has not undertaken and will not now essay to announce rigid definitions of now essay to announce rigid definitions of repairs and new construction; repairs and new construction; but we do not but we do not accept the suggestion that the two things can accept the suggestion that the two things can be accurately differentiated by consideration be accurately differentiated by consideration of the ultimate use to which the vessel is to be of the ultimate use to which the vessel is to be devoted. devoted.
• Held despite extensive repairs, identity Held despite extensive repairs, identity remained the same remained the same
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Legal and Ethical ConsiderationsLegal and Ethical Considerations
• While the law is well-equipped to hold an While the law is well-equipped to hold an autonomous autonomous individual individual culpable for his or her culpable for his or her actions, the law is not so well designed for such actions, the law is not so well designed for such systems. systems.
• Nanotechnology presents a unique challenge for Nanotechnology presents a unique challenge for the legal profession to help shape policy, since the legal profession to help shape policy, since the technology is cutting-edge and very little is the technology is cutting-edge and very little is currently written in statutes, case law, or law currently written in statutes, case law, or law journals. journals.
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Legal and Ethical ConsiderationsLegal and Ethical Considerations
• Rights of the Individual vs. Rights of Rights of the Individual vs. Rights of Persons Persons
• Persons vs. PropertyPersons vs. Property
• Persons -> Persons + Augmentation <-Persons -> Persons + Augmentation <-MachinesMachines
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Legal and Ethical ConsiderationsLegal and Ethical Considerations
• One of the questions facing our courts will be: One of the questions facing our courts will be: where do the rights of an autonomous system where do the rights of an autonomous system begin, assuming that an individual is an inherent begin, assuming that an individual is an inherent part of that autonomous system? part of that autonomous system?
• Whether using a property-personhood dichotomy Whether using a property-personhood dichotomy or property-person continuum, the rights of the or property-person continuum, the rights of the individual may change when the human individual may change when the human performance of the individual is enhanced by performance of the individual is enhanced by machine or other technology.machine or other technology.
• This raises issues about privacy, autonomy, and This raises issues about privacy, autonomy, and culpability. culpability.
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Recommendations and ConclusionsRecommendations and Conclusions
• The establishment of a common lexicon between The establishment of a common lexicon between policy makers, implementation agents, and policy makers, implementation agents, and multidisciplinary users for terms such as multidisciplinary users for terms such as ‘autonomous’ ‘autonomous’
• An exploration and discussion of the property – An exploration and discussion of the property – personhood continuum, issues of personal identity, personhood continuum, issues of personal identity, and whether current law is sufficient or will new laws and whether current law is sufficient or will new laws be needed? be needed?
• The establishment of new lexicon for the new The establishment of new lexicon for the new relationships that are being created as result of new relationships that are being created as result of new technologies, with thoughtful consideration to the technologies, with thoughtful consideration to the impact on current informed consent policy.impact on current informed consent policy.
• The possibility of legal reform and the creation of The possibility of legal reform and the creation of specialized science courts, where the judges will have specialized science courts, where the judges will have ongoing education and training to recognize and deal ongoing education and training to recognize and deal with these new legal issues and categories that arise with these new legal issues and categories that arise from emerging technologies.from emerging technologies.
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Thank you for your attention!Thank you for your attention!
• A special thank you to Dr. A special thank you to Dr. Jeanann S. Boyce, who said Jeanann S. Boyce, who said “Converging Technologies are “Converging Technologies are like duct tape, they have a dark like duct tape, they have a dark side, a light side and they hold side, a light side and they hold things together.”things together.”
• For further info, references For further info, references contact me at contact me at [email protected]
