Saved by Design? The Case of Legal Protection by Design
This discussion note does three things: (1) it explains the notion of 'legal protection by design' in relation to data-driven infrastructures that form the backbone of our new 'onlie world', (2) it explains how the notion of 'by design' relates to the relational nature of what an environment affords its inhabitants, referring to the work of James Gibson, and (3) it explains how this affects our understanding of human capabilities in relation to the affordances of changing environments. Finally, this brief note argues that 'safer by design' in the case of nanotechnology will require legal protection by design to make sure that human capabilities are reinvented and sustained in nano-technical environments.
Safe-by-Design: from Safety to Responsibility
Safe-by-design (SbD) aims at addressing safety issues already during the R&D and design phases of new technologies. SbD has increasingly become popular in the last few years for addressing the risks of emerging technologies like nanotechnology and synthetic biology. We ask to what extent SbD approaches can deal with uncertainty, in particular with indeterminacy, i.e., the fact that the actual safety of a technology depends on the behavior of actors in the value chain like users and operators. We argue that while indeterminacy may be approached by designing out users as much as possible in attaining safety, this is often not a good strategy. It will not only make it more difficult to deal with unexpected risks; it also misses out on the resources that users (and others) can bring for achieving safety, and it is undemocratic. We argue that rather than directly designing for safety, it is better to design for the responsibility for safety, i.e., designers should think where the responsibility for safety is best situated and design technologies accordingly. We propose some heuristics that can be used in deciding how to share and distribute responsibility for safety through design.
Frame Reflection Lab: a Playful Method for Frame Reflection on Synthetic Biology
Synthetic biology is an emerging technology that asks for inclusive reflection on how people frame the field. To unravel how we can facilitate such reflection, this study evaluates the Frame Reflection Lab (FRL). Building upon playfulness design principles, the FRL comprises a workshop with video-narratives and co-creative group exercises. We studied how the FRL facilitated frame reflection by organizing workshops with various student groups. Analysis of 12 group conversations and 158 mini-exit surveys yielded patterns in first-order reflection (problem analysis and solution finding in reflection on the development of synthetic biology as a field) as well as patterns in second-order reflection (reflection on values and assumptions underlying the first-order reflection). Also patterns in participants' (re)framing of synthetic biology could be induced; participants' viewpoints converged to some extent, yet with openness to individual viewpoint differences. Although the FRL method fortified the reflection processes of participants, the narratives and the workshop's flexible format could inhibit the reflection too. Therefore, we advise designers of future frame reflection methods to apply stronger conversational facilitation and narratives of slightly mysterious yet identifiable narrators, in case e.g. video-narratives are created and used to scaffold the reflection process. Nevertheless, we argue that the use of a playful frame reflection method like the FRL could function well as (1) a step to precede more application-specific deliberation or decision-making on synthetic biology and as (2) a method for the collection of contemporary citizen viewpoints plus rationales underlying these, for the further (societally) responsible development of the emerging field.
The Power of Analogies for Imagining and Governing Emerging Technologies
The emergence of new technologies regularly involves comparisons with previous innovations. For instance, analogies with asbestos and genetically modified organisms have played a crucial role in the early societal debate about nanotechnology. This article explores the power of analogies in such debates and how they could be effectively and responsibly employed for imagining and governing emerging technologies in general and nanotechnology in particular. First, the concept of analogical imagination is developed to capture the explorative and anticipatory potential of analogies. Yet analogies do not simply stimulate imagination, they also restrict it by framing emerging technologies in specific ways. Thus, second, the article argues that tracing the rhetorical and persuasive power of analogical arguments is essential for understanding how analogies are constructed to legitimise assessments, funding policies, and governance approaches. Third, the article addresses factors that account for the persuasiveness of analogies in debates about emerging technologies. The article concludes with reflections on how analogical imagination and an enhanced analogical sensibility for framing and persuasive effects can foster responsible research and innovation (RRI).
The Vision of "Industrie 4.0" in the Making-a Case of Future Told, Tamed, and Traded
Since industrial trade fair Hannover Messe 2011, the term "Industrie 4.0" has ignited a vision of a new Industrial Revolution and has been inspiring a lively, ongoing debate among the German public about the future of work, and hence society, ever since. The discourse around this vision of the future eventually spread to other countries, with public awareness reaching a temporary peak in 2016 when the World Economic Forum's meeting in Davos was held with the motto "Mastering the Fourth Industrial Revolution." How is it possible for a vision originally established by three German engineers to unfold and bear fruit at a global level in such a short period of time? This article begins with a summary of the key ideas that are discussed under the label Industrie 4.0. The main purpose, based on an in-depth discourse analysis, is to debunk the myth about the origin of this powerful vision and to trace the narrative back to the global economic crisis in 2009 and thus to the real actors, central discourse patterns, and hidden intentions of this vision of a new Industrial Revolution. In conclusion, the discourse analysis reveals that this is not a case of visioneering but one of a future told, tamed, and traded.
Digital Sequence Information and the Access and Benefit-Sharing Obligation of the Convention on Biological Diversity
With the advent of synthetic biology, scientists are increasingly relying on digital sequence information, instead of physical genetic resources. This article examines the potential impact of this shift on the access and benefit-sharing (ABS) regime of the Convention on Biological Diversity (CBD) and the Nagoya Protocol. These treaties require benefit-sharing with the owners of genetic resources. However, whether "genetic resources" include digital sequence information is unsettled. The CBD conceives genetic resources as genetic material containing functional units of heredity. "Material" implies tangibility, and for some scholars, "functional units of heredity," undefined in both treaties, mean full-coding sequences. This article argues that digital sequence information obtained from physical genetic resources, full-coding or not, should be treated as genetic resources. Literal construction of the CBD risks eroding its usefulness and the ABS regime. This is because through bioinformatics, sequence information can easily be obtained from genetic resources for utilization, without physically moving them or concluding ABS agreement with owners. The CBD must evolve with scientific progress also because sequence functionality depends on the state of knowledge. These arguments are vindicated by domestic ABS laws equating genetic information with genetic resources; Nagoya Protocol provisions deeming research exploiting the genetic composition of genetic resources as utilization of genetic resources; and CBD provisions requiring the sharing of benefits from the utilization of genetic resources. Moreover, treaty interpretation and case law demand that generic, scientific terms, such as "genetic resources" and "functional units of heredity" be interpreted in an evolutionary manner to capture scientific developments.
Is COVID-19 a Message from Nature?
Claims have been made that the current COVID-19 pandemic is a message from nature to stop exploiting the earth to the extent that we have been. While there is no direct evidence that this pandemic is a result of human actions with respect to the earth, ample evidence exists that deforestation and other environmental changes, together with climate change, do make it more likely that viruses will cross from wildlife to humans. We humans are mammals and our welfare depends on the health of the earth. We are not so different from other living creatures in this regard. It is in our interests to look after the earth, something that Indigenous Australians knew well. Mother Earth must be cared for if she is to care for us. Nature perhaps is sending us a message in the same sense that my car does if I do not maintain it. It stops functioning properly. We have to modify nature to satisfy our needs but we must be careful how we modify it.
Nanoethics, Science Communication, and a Fourth Model for Public Engagement
This paper develops a fourth model of public engagement with science, grounded in the principle of nurturing scientific agency through participatory bioethics. It argues that social media is an effective device through which to enable such engagement, as it has the capacity to empower users and transforms audiences into co-producers of knowledge, rather than consumers of content. Social media also fosters greater engagement with the political and legal implications of science, thus promoting the value of scientific citizenship. This argument is explored by considering the case of nanoscience and nanotechnology, as an exemplar for how emerging technologies may be handled by the scientific community and science policymakers.
Art-Science Collaboration in an EPSRC/BBSRC-Funded Synthetic Biology UK Research Centre
Here I examine the potential for art-science collaborations to be the basis for deliberative discussions on research agendas and direction. Responsible Research and Innovation (RRI) has become a science policy goal in synthetic biology and several other high-profile areas of scientific research. While art-science collaborations offer the potential to engage both publics and scientists and thus possess the potential to facilitate the desired "mutual responsiveness" (René von Schomberg) between researchers, institutional actors, publics and various stakeholders, there are potential challenges in effectively implementing collaborations as well as dangers in potentially instrumentalizing artistic work for science policy or innovation agendas when power differentials in collaborations remain unacknowledged. Art-science collaborations can be thought of as processes of exchange which require acknowledgement of and attention to artistic agendas (how can science be a conceptual and material resource for new aesthetics work) as well as identification of and attention to aesthetic dimensions of scientific research (how are aesthetics and affective framings a part of a specific epistemological resource for scientific research). I suggest the advantage of specifically identifying public engagement/science communication as a distinct aspect of such projects so that aesthetic, scientific or social science/philosophical research agendas are not subsumed to the assumption that the primary or only value of art-science collaborations is as a form of public engagement or science communication to mediate biological research community public relations. Likewise, there may be potential benefits of acknowledging an art-science-RRI triangle as stepping stone to a more reflexive research agenda within the STS/science communication/science policy community. Using BrisSynBio, an EPSRC/BBSRC-funded research centre in synthetic biology, I will discuss the framing for art-science collaborations and practical implementation and make remarks on what happened there. The empirical evidence reviewed here supports the model I propose but additionally, points to the need to broaden the conception of and possible purposes, or motivations for art, for example, in the case of cross-sectoral collaboration with community engaged art.
From Nano Backlash to Public Indifference: Some Reflections on French Public Dialogues on Nanotechnology
The hype surrounding the emergence of nanotechnology proved extremely effective to raise public attention and controversies in the early 2000s. A proactive attitude prevailed resulting in the integration of social scientists upstream at the research level, research programs on Ethical, Legal and Societal Impacts (ELSI), and various public engagement initiatives such as nanojury and citizen conferences. Twenty years later, what happened to the promises of SHS integration and public engagement in nanotechnology? Was it part of the hype, one of the many promises made by the champions of nanotechnology initiatives that never materialized? As a contribution to this broad question, this paper focuses on public engagement initiatives in France and ventures some general reflections on their fate. I will first report, from an insider's perspective, the public debates conducted by a civil society organization VivAgora, in the national context of fierce controversies (2005-2009). Then I will describe the permanent forum NanoRESP opened in 2013 when nano controversies waned out. On the basis of this case study, I will argue that the STS ideal of co-production of science and society gradually gave way to a more modest co-learning process between stakeholders in the 2010s.
Techno-species in the Becoming Towards a Relational Ontology of Multi-species Assemblages (ROMA)
Robots equipped with artificial intelligence pose a huge challenge to traditional ontological differentiations between the spheres of the human and the non-human. Drawing mainly from neo-animistic and perspectivist approaches in anthropology and science and technology studies, the paper explores the potential of new forms of interconnectedness and rhizomatic entanglements between humans and a world transcending the boundaries between species and material spheres. We argue that intelligent robots meet virtually all criteria Western biology came up with to define 'life' and that it ultimately makes sense to recognize them as a new species that is part of our social universe. Contrasting dualistic concepts of man and nature with a monistic approach, we show that traditional properties of life (agency, self-replication, etc.) may apply to artefacts and that, once we accept the idea that social relationships are ultimately open connections to matter of any kind, the seemingly strict boundaries between species and material spheres can no longer be sustained. Instead, we propose to include 'matter' and ideas into the sphere of the social as agents in their own right to form a (ROMA).
Nanoparticle Risks and Identification in a World Where Small Things Do Not Survive
The risks of materials containing nanoscale components are in the public debate discussed as if a manufactured nanomaterial will remain invariant with time and environmental exposure, and as if we can identify its risks by the risks of its nanoscale components. Additionally, the debate on mitigation of specific nanorisks by new legislation implicitly assumes that we can have full and accurate knowledge of the distribution and composition of nanomaterials in a product or the environment. In this discussion note, I argue that physical laws intrinsic to the behavior of nanoparticles both lead to limits on the risks to which we are likely exposed and on our technological ability to verify compliance with new regulations. My conclusion is that governmental actors should be careful not to overreact in their response to a technological revolution that only in few areas is likely to lead to increased public exposure, and in doing so using legal measures for which compliance cannot be monitored.
The Over-Extended Mind? Pink Noise and the Ethics of Interaction-Dominant Systems
There is a growing recognition within cognitive enhancement and neuroethics debates of the need for greater emphasis on cognitive artefacts. This paper aims to contribute to this broadening and expansion of the cognitive-enhancement and neuroethics debates by focusing on a particular form of relation or coupling between humans and cognitive artefacts: interaction-dominance. We argue that interaction-dominance as an emergent property of some human-cognitive artefact relations has important implications for understanding the attribution and distribution of causal and other forms of responsibility as well as agency relating to the actions of human-cognitive artefact couplings. Interaction-dominance is both indicated and constituted by the phenomenon of "pink noise". Understanding the role of noise in this regard will establish a necessary theoretical groundwork for approaching the ethical and political dimensions of relations between human cognition and digital cognitive artefacts. We argue that pink noise in this context plays a salient role in the practical, ethical, and political evaluation of coupling relations between humans and cognitive artefacts, and subsequently in the responsible innovation of cognitive artefacts and human-artefact interfaces.
Scientists' Understandings of Risk of Nanomaterials: Disciplinary Culture Through the Ethnographic Lens
There is a growing literature on how scientific experts understand risk of technology related to their disciplinary field. Previous research shows that experts have different understandings and perspectives depending on disciplinary culture, organizational affiliation, and how they more broadly look upon their role in society. From a practice-based perspective on risk management as a bottom-up activity embedded in work place routines and everyday interactions, we look, through an ethnographic lens, at the laboratory life of nanoscientists. In the USA and Sweden, two categories of nanoscientists have been studied: upstream scientists who are mainly electrical and physical engineers and downstream scientists who are toxicologists, often with a more multidisciplinary background, including physics, chemistry, biology, and engineering. The results show that although the two groups of scientists share the same norms of appropriate laboratory conduct to promote safety and good science practice, they have very different perspectives on risk with nanomaterials. Upstream scientists downplay risk; they emphasize the innovative potential of the new materials to which they express an affectionate and personalized stance. The downstream scientists, instead, focus on the uncertainties and unpredictability of nanomaterials and they see some materials as potentially highly dangerous. The results highlight the ambiguous and complex role of scientific experts in policy processes about the risk and regulation of nanotechnology.
"Just Carbon": Ideas About Graphene Risks by Graphene Researchers and Innovation Advisors
Graphene is a nanomaterial with many promising and innovative applications, yet early studies indicate that graphene may pose risks to humans and the environment. According to ideas of responsible research and innovation, all relevant actors should strive to reduce risks related to technological innovations. Through semi-structured interviews, we investigated the idea of graphene as a risk (or not) held by two types of key actors: graphene researchers and innovation advisors at universities, where the latter are facilitating the movement of graphene from the laboratory to the marketplace. The most common idea found is that graphene is not a risk due to, e.g., low toxicity, low amounts produced/used, and its similarity to harmless materials (being "just carbon"). However, some researchers and advisors also say that graphene is a risk, e.g., under certain conditions or due to a lack of risk-related information. We explain the co-existence of these seemingly contradictory ideas through (1) the semantic ambiguity of the word risk and (2) a risk/no-risk rhetoric, where risks are mentioned rhetorically only to be disregarded as manageable or negligible. We suggest that some of the ideas held by the researchers and innovation advisors constitute a challenge to responsible research and innovation regarding graphene. At the same time, we acknowledge the dilemma that the discourse of responsible innovation creates for the actors: denying graphene risks makes them irresponsible due to a lack of risk awareness, while affirming graphene risks makes them irresponsible due to their everyday engagement in graphene development. We therefore recommend more research into what researchers and innovation advisors should do in practice in order to qualify as responsible.
Reflection as a Deliberative and Distributed Practice: Assessing Neuro-Enhancement Technologies via Mutual Learning Exercises (MLEs)
In 1968, Jürgen Habermas claimed that, in an advanced technological society, the emancipatory force of knowledge can only be regained by actively recovering the 'forgotten experience of reflection'. In this article, we argue that, in the contemporary situation, critical reflection requires a deliberative ambiance, a process of mutual learning, a consciously organised process of deliberative and distributed reflection. And this especially applies, we argue, to critical reflection concerning a specific subset of technologies which are actually oriented towards optimising human cognition (neuro-enhancement). In order to create a deliberative ambiance, fostering critical upstream reflection on emerging technologies, we developed (in the context of a European 7 Framework Programme project on neuro-enhancement and responsible research and innovation, called NERRI) the concept of a mutual learning exercise (MLE). Building on a number of case studies, we analyse what an MLE involves, both practically and conceptually, focussing on key aspects such as ambiance and expertise, the role of 'genres of the imagination' and the profiles of various 'subcultures of debate'. Ideally, an MLE becomes a contemporary version of the Socratic agora, providing a stage where multiple and sometimes unexpected voices and perspectives mutually challenge each other, in order to strength-en the societal robustness and responsiveness of emerg-ing technologies.
Giving Voice to Patients: Developing a Discussion Method to Involve Patients in Translational Research
Biomedical research policy in recent years has often tried to make such research more 'translational', aiming to facilitate the transfer of insights from research and development (R&D) to health care for the benefit of future users. Involving patients in deliberations about and design of biomedical research may increase the quality of R&D and of resulting innovations and thus contribute to translation. However, patient involvement in biomedical research is not an easy feat. This paper discusses the development of a method for involving patients in (translational) biomedical research aiming to address its main challenges. After reviewing the potential challenges of patient involvement, we formulate three requirements for any method to meaningfully involve patients in (translational) biomedical research. It should enable patients (1) to put forward their experiential knowledge, (2) to develop a rich view of what an envisioned innovation might look like and do, and (3) to connect their experiential knowledge with the envisioned innovation. We then describe how we developed the card-based discussion method 'Voice of patients', and discuss to what extent the method, when used in four focus groups, satisfied these requirements. We conclude that the method is quite successful in mobilising patients' experiential knowledge, in stimulating their imaginaries of the innovation under discussion and to some extent also in connecting these two. More work is needed to translate patients' considerations into recommendations relevant to researchers' activities. It also seems wise to broaden the audience for patients' considerations to other actors working on a specific innovation.
Exploring Political Views on Synthetic Biology in the Netherlands
Synthetic biology may be an important source of progress as well as societal and political conflict. Against this backdrop, several technology assessment organizations have been seeking to contribute to timely societal and political opinion-making on synthetic biology. The Rathenau Instituut, based in the Netherlands, is one of these organizations. In 2011, the institute organized a 'Meeting of Young Minds': a young people's debate between 'future synthetic biologists' and 'future politicians'. The former were represented by participants in the international Genetically Engineered Machines competition (iGEM), the latter by political youth organizations (PYOs) linked to Dutch political parties. The Rathenau Instituut found seven PYOs-including right wing, left wing, Green and Christian groups-willing to commit to an intensive process aimed at formulating a tentative partisan view on synthetic biology and discussing it with fellow PYOs and iGEM participants. Given the minimal amount of available data on how political parties understand synthetic biology, mapping the debate may provide valuable insights. In this article, I aim to provide such a mapping exercise and also to reflect on how and why the Rathenau Instituut organized the event.
Modular Ontologies for Genetically Modified People and their Bioethical Implications
Participants in the long-running bioethical debate over human germline genetic modification (HGGM) tend to imagine future people abstractly and on the basis of conventionalized characteristics familiar from science fiction, such as intelligence, disease resistance and height. In order to distinguish these from scientifically meaningful terms like "phenotype" and "trait," this article proposes the term "persemes" to describe the units of difference for hypothetical people. In the HGGM debate, persemes are frequently conceptualized as similar, modular entities, like building blocks to be assembled into genetically modified people. They are discussed as though they each would be chosen individually without affecting other persemes and as though they existed as components within future people rather than being imposed through social context. This modular conceptual framework appears to influence bioethical approaches to HGGM by reinforcing the idea of human capacities as natural primary goods subject to distributive justice and supporting the use of objective list theories of well-being. As a result, assumptions of modularity may limit the ability of stakeholders with other perspectives to present them in the HGGM debate. This article examines the historical trends behind the modular framework for genetically modified people, its likely psychological basis, and its philosophical ramifications.