Today, a rights-based approach to technology regulation is central to national and international law-making. A human-rights-based approach would involve viewing technology from the prism of human rights objectives and principles. A more specific turn would be to evaluate their impact on specific rights, namely the right to life, right to peaceful assembly, right to development, right to redressal, rights against discrimination, right to education, etc. Normative frameworks have emerged to further protect human rights from technology-based harms. (...) This paper covers a few conceptual and institutional considerations highlighted in seminal works from scholars and international human rights institutions. To name a few; (1) technology and discriminatory challenges (2) design and use of technology (3) digital divide amongst countries (4) duty of actors, (5) neoliberal technologies, (6) the use of prohibitions and remedies, and (7) the emergence of new human rights. Much of the advocacy and rights-based interventions around the globe are attentive to technology’s challenges to human rights. The abovementioned considerations define the core of the international normative framework, which is often advanced to protect human rights from technology-based harms. (shrink)

Contra mercantile propaganda, technology is "humanized" to the extent that it satisfies or at least permits satisfaction of basic human needs or enhancements. To assess a technology's contribution to humanization requires (1) rejection of the primacy of the machine (cyborg model) and commitment to primacy of the human being (prosthesis model) in man/machine relations, and (2) insistence on the responsibility of managers for consequences of their technology-related decisions. Such decisions are appropriate in this respect to the extent (...) that they help meet basic human needs rather than artificially engendered needs. Meta-evaluation requires active citizen participation in government regulation of technology. (shrink)

In recent years, genetically engineered (GE) mosquitoes have been proposed as a public health measure against the high incidence of mosquito-borne diseases among the poor in regions of the global South. While uncertainties as well as risks for humans and ecosystems are entailed by the open-release of GE mosquitoes, a powerful global health governance non-state organization is funding the development of and advocating the use of those bio-technologies as public health tools. In August 2016, the US Food and Drug Agency (...) (FDA) approved the uncaged field trial of a GE Aedes aegypti mosquito in Key Haven, Florida. The FDA’s decision was based on its assessment of the risks of the proposed experimental public health research project. The FDA is considered a global regulatory standard setter. So, its approval of the uncaged field trial could be used by proponents of GE mosquitoes to urge countries in the global South to permit the use of those bio-technologies. -/- From a public health ethics perspective, this paper evaluates the FDA’s 2016 risk assessment of the proposed uncaged field trial of the GE mosquito to determine whether it qualified as a realistic risk evaluation. -/- The FDA’s risk assessment of the proposed uncaged field trial did not proximate the conditions under which the GE mosquitoes would be used in regions of the global South where there is a high prevalence of mosquito-borne diseases. -/- Given that health and disease have political-economic determinants, whether a risk assessment of a product is realistic or not particularly matters with respect to interventions meant for public health problems that disproportionately impact socio-economically marginalized populations. If ineffective public health interventions are adopted based on risk evaluations that do not closely mirror the conditions under which those products would actually be used, there could be public health and ethical costs for those populations. (shrink)

Theorists and activists favor empowering government agencies to regulate technology; but an examination of such regulation by the US government exposes the inadequacy of any such regimen. Vested interests routinely interfere, e.g., keeping administration of polio vaccine in the hands of physicians, political infighting with regard to cancer research funding, advantages gained from noncompliance with military technology-constraining treaties. Public/private salary differences limit availability of the best talents for government positions, nor are truly appropriate regulatory policies easily arrived (...) at in the absence of meaningful funding. Solutions such as a Science Court are unreliable given the influences that would undermine neutrality as well as competence. (shrink)

The object of the present study is to propose a technologically-based method for developing Regulation of Cognition (RC) among pre-service teachers in a pedagogical problem context. The research intervention was carried out by two groups during a Teaching Training Workshop, based on the IMPROVE instructional method, which was implemented in the Learning Management System (LMS). The first group (N=53) investigated the pedagogical problems with "dual perspectives (teacher and learner), and the other group (N=47) analyzed the same problems from a (...) teacher perspective only. The triangulated research design provided three sets of data of RC (e.g. statements on Metacognitive Awareness Inventory, Educational Data Mining, and observations on actual teaching). The results were indicative of the advantage that was obtained by the dual perspective group (LMS+2P), which has manifested in most components of RC, as compared with the single based intervention (LMS+1P). (shrink)

Biological evolution and technological innovation, while differing in many respects, also share common features. In particular, implementation of a new technology in the market is analogous to the spreading of a new genetic trait in a population. Technological innovation may occur either through the accumulation of quantitative changes, as in the development of the ocean clipper, or it may be initiated by a new combination of features or subsystems, as in the case of steamships. Other examples of the latter (...) type are electric networks that combine the generation, distribution, and use of electricity, and containerized transportation that combines standardized containers, logistics, and ships. Biological evolution proceeds, phenotypically, in many small steps, but at the genetic level novel features may arise not only through the accumulation of many small, common mutational changes, but also when distinct, relatively rare genetic changes are followed by many further mutations. In particular, capabilities of biologically modern man may have been initiated, perhaps some 150 000 years ago, by one or few accidental but distinct combinations of modules and subroutines of gene regulation which are involved in the generation of the neural network in the cerebral cortex. It is even conceivable that it was one primary genetic event that initiated the evolution of biologically modern man, introducing some novel but subtle feature of connectivity into the cerebral cortex which allowed for meta-levels of abstraction and upgraded modes of information processing. This may have set the stage for the evolution of integrated but diverse higher capabilities such as structured language, symbolic thought, strategic thought, and cognition based empathy. (shrink)

Purpose. Our study aims at developing a conceptual model of transdisciplinary synthesis of philosophical-anthropological, sociopolitical and epistemological aspects of co-evolution of the scientific and technical designs of High Hume class and the socio-cultural / political context in the process of anthropo-socio-cultural genesis. The relevance of the topic is justified by the technologization of all spheres of human existence and the emergence of High Hume class technologies, which can be called technology-driven equally. As a result, the concepts of "bio-power" and (...) "biopolitics" have become ones of the most frequently mentioned in modern philosophical and anthropological discourse and attract increasing attention of philosophers, sociologists, and, in the last decadecades, experts in the field of practical political science and economics (Foucault, Agamben, Žižek, Kebnik, Nadesan, etc.). Theoretical basis. It is problem-theoretical research; We synthesize the results of our publications in recent years. We proceed from the fact that the main question of the informational phase of the development of a technogenic civilization lies in the rationalization and technologization of the evolutionary process, i.e. in the removal of the fundamental ontological antinomy “Evolution versus Reasonable Design”, as a result for modern neoliberal political democracy, biopower and its theoretical understanding (biopolitics) are effective tools and technologies to form of optimal trends of the global evolutionary process, in the framework of this ideological system. We have chosen the comparative conceptual analysis combining with the results of the content analysis of Web publications by the main method of the study. Originality of the research is in the fact that the central core of such a model is the use of a conceptual and terminological apparatus for describing the mechanisms of the progressive evolution of complex systems, known as the “triple spiral” by Ledeisdorf-Itskovich. This allowed us to integrate the bio-power phenomenon into the general scheme of a stable evolutionary strategy of a technogenic civilization. The conclusions. We justified the transformation of biopolitics into the main factor in the global evolution of self-organizing human-sized systems, including the biosphere as a whole. This is achieved through the creation of a specific (bio) ethical system of imperatives and the activities of individuals in relation to themselves and other agents of social actions. Bioethics with a trail of associated conceptual areas (biosociology, bioeconomics, biohistory, etc.) turned out to be the only rationalized regulator of the process of biological and sociocultural evolution. The triple spiral biotechnology – bioeconomy – bioenergy as the material substance of the life of technological civilization is reflected in the ideal world as a triad of bioethics – biosociology – biopolitics. Both triads form closed cycles of evolutionary transformations that transmit and amplify the initial momentum of transformations on each other through a cascade mechanism with positive feedback. (shrink)

In 2000 Bill Joy proposed that the best way to prevent technological apocalypse was to "relinquish" emerging bio-, info- and nanotechnologies. His essay introduced many watchdog groups to the dangers that futurists had been warning of for decades. One such group, ETC, has called for a moratorium on all nanotechnological research until all safety issues can be investigated and social impacts ameliorated. In this essay I discuss the differences and similarities of regulating bio- and nanotechnological innovation to the efforts to (...) regulate nuclear and biological weapons of mass destruction. I then suggest the creation of a global technology regulatory regime to ensure the safe and equitable diffusion of genetic, molecular and information technologies, and point out the principal political obstacles to implementing such a regime. (shrink)

Using research grants administrators and their clients (academic researchers) as the lens, this paper investigated the relevance and implication of a fraud prevention policy at a University of Technology (UoT) in South Africa. The paper adopted a quantitative approach in which closed-ended questions were complemented by open-ended questions in the survey questionnaire in the attempt to capture the perceptions of both research grants administrators and their clients on the relevance and implications of a fraud and irregularity prevention policy. The (...) results indicate that both research grants administrators (71.4 %), and their clients (73%) do not know if UoTx has a fraud and irregularity policy. While only 36% of research grants administrators indicated that they would feel safe reporting deceitful activities, a slight majority (59%) of the clients reported same. With regards to the steps to follow to report fraudulent activity, it was noted that while all (100%) the research grants administrators noted that they were clueless, ironically an overwhelming majority of their clients indicated otherwise. Notwithstanding, both research grants administrators and their clients (93% and 95% respectively) concurred that a fraud prevention policy was necessary for UoTx. The implication is that having phenomenal controls that are not effectively publicized, monitored or worse still overridden by someone are useless. (shrink)

The aim of this paper is to explain the emergence and use of DNA fingerprinting technology in India, noting the specific concerns faced by the Indian Legal System related to the use of this novel forensic technology in the justice process. Furthermore, the proposed construction of a National DNA Data Bank is discussed taking into consideration the challenges faced by the government in legislating the DNA Bill into law. A critical analysis of the DNA Technology (Use and (...) Application) Regulation Bill, 2019 is provided to throw light upon many ethical, social, and legal issues that need to be addressed before the operationalization of the Bill to ensure that this technology is governed democratically to protect the civil liberties of citizens. (shrink)

This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology. Current law in this area in the United States and many other jurisdictions is founded on assumptions about human behavior that have been shown not to hold empirically. A joint recognition of this fact, together with an understanding of what new technologies make possible, leads one to question basic assumptions (...) about how law is made and what laws we should have in a given area, if any. I begin by analyzing different aspects of U.S. law, from a high-level critique of law making to a critique of rights assignment for what I call 'simple nonrival goods.' I describe my understanding, as a non-lawyer with a background in psychology and computing, of the current conventions in U.S. law, consider the foundational assumptions that justify current conventions, describe advances in psychology and technology that call these conventions into question, and briefly note how the law might normatively change in this light. I then apply this general analysis to the question of domain name assignment by the Internet Corporation for Assigned Names and Numbers (ICANN). (shrink)

In the present paper, on the basis of the theory of production principles and production revolutions, we reveal the interrelation between K-waves and major technological breakthroughs in history and make some predictions about features of the sixth Kondratieff wave in the light of the Cybernetic Revolution which, we think, started in the 1950s. We assume that the sixth K-wave in the 2030s and 2040s will merge with the final phase of the Cybernetic Revolution (which we call the phase of self-regulating (...) systems). This period will be characterized by breakthroughs in medical technologies which will manage to combine many other technologies into a single complex of MBNRIC-technologies (med-bio-nano-robo-info-cognitive technologies). The article offers some predictions concerning the development of these technologies. (shrink)

In July 2014, the roboticist Ronald Arkin suggested that child sex robots could be used to treat those with paedophilic predilections in the same way that methadone is used to treat heroin addicts. Taking this onboard, it would seem that there is reason to experiment with the regulation of this technology. But most people seem to disagree with this idea, with legal authorities in both the UK and US taking steps to outlaw such devices. In this paper, I (...) subject these different regulatory attitudes to critical scrutiny. In doing so, I make three main contributions to the debate. First, I present a framework for thinking about the regulatory options that we confront when dealing with child sex robots. Second, I argue that there is a prima facie case for restrictive regulation, but that this is contingent on whether Arkin’s hypothesis has a reasonable prospect of being successfully tested. Third, I argue that Arkin’s hypothesis probably does not have a reasonable prospect of being successfully tested. Consequently, we should proceed with utmost caution when it comes to this technology. (shrink)

Investigating an actual case that occurred in a New York state hospital where an Orthodox Jewish patient’s legal proxy demands that the clinicians and hospital administrators should provide aggressive treatment with all available technological resources for the seemingly brain-dead patient with a medically futile condition. The authors argue that a health care policy or regulation should be developed to limit patient’s access to technology in critical care. Otherwise, we will be allowing society to issue a carte blanche to (...) religious autonomy by technology abuse. It is argued that religious autonomy should be restricted when its demand exhibits apparent logical absurdity and/or goes against the common survival of the entire population. (shrink)

: This article critically examines the constitution of impairment in prenatal testing and screening practices and various discourses that surround these technologies. While technologies to test and screen prenatally are claimed to enhance women's capacity to be self-determining, make informed reproductive choices, and, in effect, wrest control of their bodies from a patriarchal medical establishment, I contend that this emerging relation between pregnant women and reproductive technologies is a new strategy of a form of power that began to emerge in (...) the late eighteenth century. Indeed, my argument is that the constitution of prenatal impairment, by and through these practices and procedures, is a widening form of modern government that increasingly limits the field of possible conduct in response to pregnancy. Hence, the government of impairment in utero is inextricably intertwined with the government of the maternal body. (shrink)

The need to better balance the promotion of scientific and technological innovation with risk management for consumer protection has inspired several recent reforms attempting to make regulations more flexible and adaptive. The pharmaceutical sector has a long, established regulatory tradition, as well as a long history of controversies around how to balance incentives for needed therapeutic innovations and protecting patient safety. The emergence of disruptive biotechnologies has provided the occasion for regulatory innovation in this sector. This article investigates the (...) class='Hi'>regulation of advanced biotherapeutics in the European Union and shows that it presents several defining features of an adaptive regulation regime, notably institutionalized processes of planned adaptation that allow regulators to gather, generate, and mobilize new scientific and risk evidence about innovative products. However, our in-depth case analysis highlights that more attention needs to be paid to the consequences of the introduction of adaptive regulations, especially for critical stakeholders involved in this new regulatory ecosystem, the capacity and resource requirements placed on them to adapt, and the new tradeoffs they face. In addition, our analysis highlights a deficit in how we currently evaluate the performance and public value proposition of adaptive regulations vis-à-vis their stated goals and objectives. (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that (...) they will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

The article analyzes the technological shifts which took place in the second half of the 20th and early 21st centuries and forecasts the main shifts in the next half a century. On the basis of the analysis of the latest achievements in inno-vative technological directions and also on the basis of the opportunities pro-vided by the theory of production revolutions the authors present a detailed analysis of the latest production revolution which is denoted as ‘Сybernetic’. The authors give some forecasts (...) about its development in the nearest five decades and up to the end of the 21st century. It is shown that the development of various self-regulating systems will be the main trend of this revolution. The authors argue that at first the transition to the beginning of the final phase of the Cybernetic Revolution will start in the field of medicine (in its some innovative directions). In future we will deal with the start of convergence of innovative technologies which will form the system of MBNRIC-technologies (i.e. the technological paradigm based on medicine, bio- and nanotechnologies, robotics, IT and cognitive technologies). The article gives a detailed analysis of the future breakthroughs in medicine, bio- and nanotechnologies as well as some other technologies in terms of the development of self-regulating systems with their growing ability to select optimum modes of functioning as well as of other characteristics of the Cybernetic Revolution (resources and energy saving, miniaturization, individualization, etc.). (shrink)

The monograph presents the ideas about the main changes that occurred in the development of technologies from the emergence of Homo sapiens till present time and outlines the prospects of their development in the next 30–60 years and in some respect until the end of the twenty-first century. What determines the transition of a society from one level of development to another? One of the most fundamental causes is the global technological transformations. Among all major technological breakthroughs in history the (...) most important are three production revolutions: 1) the Agrarian Revolution; 2) the Industrial Revolution; and 3) the Cybernetic one. The book introduces the theory of production revolutions which is a new valuable explanatory paradigm that analyzes causes and trends of dramatic shifts in historical process. The authors describe the course of technological transformations in history and demonstrate a possible application of the theory to explain the present and forthcoming technological changes. They analyze the technological shifts which took place in the second half of the twentieth and early twenty-first centuries and forecast the main shifts in the next half a century. On this basis the authors present a detailed analysis of the latest production revolution which is denoted as ‘Сybernetic’. They make some predictions about its development in the nearest five decades and up to the end of the twenty-first century and show that the development of various self-regulating systems will be the main trend of this revolution. The authors argue that the transition to the starting final phase of the Cybernetic Revolution (in the 2030–2040s) will first occur in the field of medicine (in some its innovative branches). In future we will deal with the started convergence of innovative technologies which will form the system of MANBRIC-technologies (i.e. the technological paradigm based on medicine, additive, nano- and bio- technologies, robotics, IT and cognitive technologies). The monograph gives an outline of the future breakthroughs in medicine and some other technologies (between the 2010s and 2070s). (shrink)

This essay proposes that Socrates practiced various spiritual exercises, including meditation, and that this Socratic practice of meditation was habitual, aimed at cultivating emotional self-control and existential preparedness. Contemporary research in neurobiology supports the view that intentional mental actions, including meditation, have a profound impact on brain activity, neuroplasticity, and help engender emotional self-control. This impact on brain activity is confirmed via technological developments, a prime example of how technology benefits humanity. Socrates attains the balanced emotional self-control that Alcibiades (...) describes in the Symposium because of the sustained mental effort he exerts that directly impacts his brain and his emotional and philosophical life. The essay concludes that Socratic meditative practices aimed at manifesting true dignity as human beings within the complexities of a technological world offer a promising model of self-care worthy of embracing today. (shrink)

-/- Policy regulations of ethically controversial genetic technologies should, on the one hand, be based on ethical principles. On the other hand, they should be socially acceptable to ensure implementation. In addition, they should align with ethical theory. Yet to date we lack a reliable and valid scale to measure the relevant ethical judgements in laypeople. We target this lacuna. -/- We developed a scale based on ethical principles to elicit lay judgments: the Genetic Technologies Questionnaire (GTQ). In two pilot (...) studies and a pre-registered main study, we validated the scale in a representative sample of the US population. -/- The final version of the scale contains 20 items but remains highly reliable even when reduced to five. It also predicts behaviour; for example, ethical judgments as measured by the GTQ predicted hypothetical donations and grocery shopping. In addition, the GTQ may be of interest to policymakers and ethicists because it reveals coherent and ethically justified judgments in laypeople. For instance, the GTQ indicates that ethical judgments are sensitive to possible benefits and harms (in line with utilitarian ethics), but also to ethical principles such as the value of consent-autonomy. -/- In conclusion, the GTQ can be recommended for research in both experimental psychology and applied ethics, as well as a tool for ethically and empirically informed policymaking. (shrink)

This book defines 'nanowares' as the ideas and products arising out of nanotechnology. Koepsell argues that these rapidly developing new technologies demand a new approach to scientific discovery and innovation in our society. He takes established ideas from social philosophy and applies them to the nanoparticle world. In doing so he breaks down the subject into its elemental form and from there we are better able to understand how these elements fit into the construction of a more complex system of (...) products, rules and regulations about these products. (shrink)

Over the last decade, philosophers of science have extensively criticized the epistemic superiority of randomized controlled trials for testing safety and effectiveness of new drugs, defending instead various forms of evidential pluralism. We argue that scientific methods in regulatory decision-making cannot be assessed in epistemic terms only: there are costs involved. Drawing on the legal distinction between rules and standards, we show that drug regulation based on evidential pluralism has much higher costs than our current RCT-based system. We analyze (...) these costs and advocate for evaluating any scheme for drug regulatory tests in terms of concrete empirical benchmarks, like the error rates of regulatory decisions. (shrink)

Ethical concerns in e-social science are often raised with respect to privacy, confidentiality, anonymity and the ethical and legal requirements that govern research. In this article, the authors focus on ethical aspects of e-research that are not directly related to ethical regulatory framework or requirements. These frameworks are often couched in terms of benefits or harms that can be incurred by participants in the research. The authors shift the focus to the sources of value in terms of which benefits or (...) harms are understood in real social situations. A central claim of this paper is that the technologies that are used for research are not value neutral, but serve to reinforce some values at the expense of others. The authors discuss databases, modelling and simulation, network analysis as examples of technologies which affect the articulation of values. A view of e-social science as a techno-scientific constellation of researchers, technologies and society, in which values are always already embedded, is put forward as a basis for a view of ethics as reflexive and active engagement, conducted with awareness. Methodological pluralism and proactive openness are also proposed as responses to this view of the ethical dimensions of e-social science. (shrink)

This paper argues that regulatory agencies have a responsibility to further the public interest when they determine the conditions under which new technological products may be commercialized. As a case study, this paper analyzes the US 9th Circuit Court’s ruling on the efforts of the US Environmental Protection Agency to regulate an herbicide meant for use with seed that are genetically modified to be tolerant of the chemical. Using that case, it is argued that when regulatory agencies evaluate new technological (...) products, they have an obligation to draw on data, analyses, and evaluations from a variety of credible epistemic sources, and not rely solely or even primarily on the technology developer. Otherwise, they create conditions for their own domination and that of the polity by the technology developer. Moreover, in the interest of advancing the public interest, regulatory agencies must evaluate new technologies in a substantively and procedurally unbiased manner. (shrink)

Nanotechnology (henceforth NT) is a rapidly advancing field with the potential of revolutionizing diverse areas such as electronics, healthcare, transport and energy production. NT products and applications come with (potential) benefits and (potential) harms. The presence of potential harms calls for regulation. Both under- and overregulation – I argue – are morally undesirable. In the case of underregulation, stakeholders fall victim to the harmful effects of the technology. In the case of overregulation, stakeholders are deprived of the benefits (...) of the technology. In this chapter, I identify the biases and factors that lead to under- and overregulation and offer solutions in response. More precisely, I argue that a lack of specific regulation, the presence of conflicts of interest and short-term economic incentives could lead to the underregulation of NT products and applications. Conversely, I argue that a negativity bias, harm aversion, the fear of opening ‘Pandora’s box’ and the intuition that what is natural is good and what is artificial (human-made) is bad could lead to overregulation. To avoid these pitfalls and the woes of under- and overregulation following in their wake, we need to set up a process – which I describe – in which policymakers and independent scientists closely collaborate. (shrink)

The metaphor of “gene editing” has been employed widely in popular discussions of CRISPR technology. The editing metaphor obscures the physical mechanism of action in CRISPR techniques, and understates the present frequency of off-target effects. However, the editing metaphor may be a useful means to think about approaches to regulating the future use of CRISPR. Conceiving of CRISPR as an information technology recalls the highly computational, information-oriented context of genomic research in which CRISPR has emerged. More importantly, the (...) editing metaphor, while currently inaccurate, anticipates a future moment when CRISPR technology will be ubiquitous and extremely reliable. Contemporary deliberations about the regulation of CRISPR should keep in mind that the technology may become more powerful—and more susceptible to misuse—as the overall state of genomic science advances and applications of CRISPR become less expensive and more refined. (shrink)

Lethal Autonomous Weapon Systems are here. Technological development will see them become widespread in the near future. This is in a matter of years rather than decades. When the UN Convention on Certain Conventional Weapons meets on 10-14th November 2014, well-considered guidance for a decision on the general policy direction for LAWS is clearly needed. While there is widespread opposition to LAWS—or ‘killer robots’, as they are popularly called—and a growing campaign advocates banning them outright, we argue the opposite. LAWS (...) may very well reduce suffering and death in war. Rather than banning them, they should be regulated, to ensure both compliance with international humanitarian law, and that this positive outcome occurs. This policy memo sets out the basic structure and content of the regulation required. (shrink)

Following the storming of the US Capitol building, Donald Trump became digitally toxic, and was deplatformed from Facebook, Instagram, Twitter and YouTube—as well as a host of other social media networks. Subsequent debate has centred on the questions of whether these companies did the right thing and the possible ramifications of their actions for the future of digital societies along with their democratic organisation. This article seeks to answer this question through examining complex, and seemingly contradictory notions (legality and the (...) protection of public interest vs issues of democratic legitimacy and digital sovereignty) and argues that reform is needed to determine who, in the future, will control the infosphere—and how. (shrink)

Law and technology , though not equivalent, are intertwined at every phase of a technology's "career." Any technology is directly or indirectly social, and as such becomes a target of regulation intrinsically or in relation to other technologies which it supports or opposes. Competing interests influence major decisions as to which technologies are encouraged or discouraged, heavily regulated or not, banned or not. Examples considered range from bounties to fuel, communication, and transportation preferences.

The recent spectacular progress in assisted reproductive technologies (ARTs) has resulted in new ethical dilemmas. Though women occupy a central role in the reproductive process, within the ART paradigm, the importance accorded to the embryo commonly surpasses that given to the mother. This commentary questions the increasing tendency to position the embryonic subject in an antagonistic relation with the mother. I examine how the mother’s reproductive autonomy is compromised in relation to that of her embryo and argue in favour of (...) doing away with the subject-object dyad between them, particularly in the contexts of surrogacy and abortion. I also engage with the Surrogacy (Regulation) Bill, 2016. A critical discussion of the privacy judgment passed by the Supreme Court of India helps examine how personal autonomy of the body and mind extends to include the reproductive autonomy of women as well. (shrink)

Governments across the world appreciate the need for checks on the transfer or exportation of commodities, information, software, and technology considered of strategic value. In order to control exports, countries rely on laws, treaties, international arrangements and other related instruments. In the current case, the UAE is largely dependent on Federal Law No. 12 of 2008 while the UK depends on the Export Control Act of 2002. It is established that the legislations enact amendments to reflect the dynamic nature (...) of the state environment. However, the entry into international arrangements supports the view that the fight against trading in dual-use, military, or sensitive products require cooperative efforts from state parties in order to attain success. The current paper assesses export controls in the United Arab Emirates and the United Kingdom. (shrink)

since the 20th century bodybuilding has been an object of study that interests and challenges researchers in the sociology of sport (see Conquet, 2014 - Tajrobehkar, 2016 - Wellman, 2020) and, recently, in the philosophy of sport (see Aranyosi, 2017 - Madej, 2021 - Worthen, 2016). However, many of its problems are little known in the orthodox philosophical literature. Therefore, the aim of this paper is to contribute from STS studies to the posing and discussion of the central ethical and (...) social problems of bodybuilding by contributing to the philosophy of sport or the philosophy of body techniques. Therefore, I will plant the following problems in relation to bodybuilding: gender and sexism; racism, ableism and eugenics; and lastly, fatphobia. Finally, I propose that many of these problems are generated from the indiscriminate use of anabolic androgenic steroids (AAS) within this sport subculture. In this sense, a precautionary framework (epistemic values, moral values, hormonal benefit principle and sports precautionary principle) is proposed from STS studies with the aim of regulating their use, avoiding adverse effects in individuals who are not professional bodybuilders. -/- . (shrink)

In previous works (Floridi 2018) I introduced the distinction between hard ethics (which may broadly be described as what is morally right and wrong independently of whether something is legal or illegal), and soft or post-compliance ethics (which focuses on what ought to be done over and above existing legislation). This paper analyses the applicability of soft ethics to the General Data Protection Regulation and advances the theory that soft ethics has a dual advantage—as both an opportunity strategy and (...) a risk management solution. (shrink)

Reproductive genetic technologies allow parents to decide whether their future children will have or lack certain genetic predispositions. A popular model that has been proposed for regulating access to RGTs is the ‘genetic supermarket’. In the genetic supermarket, parents are free to make decisions about which genes to select for their children with little state interference. One possible consequence of the genetic supermarket is that collective action problems will arise: if rational individuals use the genetic supermarket in isolation from one (...) another, this may have a negative effect on society as a whole, including future generations. In this article we argue that RGTs targeting height, innate immunity, and certain cognitive traits could lead to collective action problems. We then discuss whether this risk could in principle justify state intervention in the genetic supermarket. We argue that there is a plausible prima facie case for the view that such state intervention would be justified and respond to a number of arguments that might be adduced against that view. (shrink)

Ambient assisted living technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap between (...) high-income countries and low and middle-income countries. Legal aspects mainly refer to the adherence to existing legal frameworks and cover issues related to product safety, data protection, cybersecurity, intellectual property, and access to data by public, private, and government bodies. Successful privacy-friendly AAL applications are needed, as the pressure to bring Internet of Things devices and ones equipped with artificial intelligence quickly to market cannot overlook the fact that the environments in which AAL will operate are mostly private. The social issues focus on the impact of AAL technologies before and after their adoption. Future AAL technologies need to consider all aspects of equality such as gender, race, age and social disadvantages and avoid increasing loneliness and isolation among, e.g. older and frail people. Finally, the current power asymmetries between the target and general populations should not be underestimated nor should the discrepant needs and motivations of the target group and those developing and deploying AAL systems. Whilst AAL technologies provide promising solutions for the health and social care challenges, they are not exempt from ethical, legal and social issues. A set of ELSI guidelines is needed to integrate these factors at the research and development stage. (shrink)

Online technologies enable vast amounts of data to outlive their producers online, thereby giving rise to a new, digital form of afterlife presence. Although researchers have begun investigating the nature of such presence, academic literature has until now failed to acknowledge the role of commercial interests in shaping it. The goal of this paper is to analyse what those interests are and what ethical consequences they may have. This goal is pursued in three steps. First, we introduce the concept of (...) the Digital Afterlife Industry, and define it as an object of study. Second, we identify the politico-economic interests of the DAI. For this purpose, we develop an analytical approach based on an informational interpretation of Marxian economics. Third, we explain the practical manifestations of the interests using four real life cases. The findings expose the incentives of the DAI to alter what is referred to as the “informational bodies” of the dead, which in turn is to be seen as a violation of the principle of human dignity. To prevent such consequences, we argue that the ethical conventions that guide trade with remains of organic bodies may serve as a good model for future regulation of DAI. (shrink)

Efforts to ban Autonomous Weapon Systems were both unsuccessful and controversial. Simultaneously the need to address the detrimental aspects of AWS development and proliferation continues to grow in scope and urgency. The article presents several regulatory solutions capable of addressing the issue while simultaneously respecting the requirements of military necessity and so attracting a broad consensus. Two much stricter solutions – regional AWS bans and adoption of a no first use policy – are also presented as fallback strategies in case (...) achieving AWS’ compliance with the Laws of Armed Conflict proved elusive. Together, the solutions presented form an outline of a flexible regulatory strategy able to adjust to different technological outcomes and providing a sensible compromise to solve the current deadlock on the AWS issue. (shrink)

Cloud computing is rapidly gaining traction in business. It offers businesses online services on demand (such as Gmail, iCloud and Salesforce) and allows them to cut costs on hardware and IT support. This is the first paper in business ethics dealing with this new technology. It analyzes the informational duties of hosting companies that own and operate cloud computing datacenters (e.g., Amazon). It considers the cloud services providers leasing ‘space in the cloud’ from hosting companies (e.g, Dropbox, Salesforce). And (...) it examines the business and private ‘clouders’ using these services. The first part of the paper argues that hosting companies, services providers and clouders have mutual informational (epistemic) obligations to provide and seek information about relevant issues such as consumer privacy, reliability of services, data mining and data ownership. The concept of interlucency is developed as an epistemic virtue governing ethically effective communication. The second part considers potential forms of government restrictions on or proscriptions against the development and use of cloud computing technology. Referring to the concept of technology neutrality, it argues that interference with hosting companies and cloud services providers is hardly ever necessary or justified. It is argued, too, however, that businesses using cloud services (banks, law firms, hospitals etc. storing client data in the cloud, e.g.) will have to follow rather more stringent regulations. (shrink)

Technological innovation is almost always investigated from an economic perspective; with few exceptions, the specific technological and social nature of innovation is often ignored. We argue that a novel way to characterise and make sense of different types of technological innovation is to start considering uncertainty. This seems plausible since technological development and innovation almost always occur under conditions of uncertainty. We rely on the distinction between, on the one hand, uncertainty that can be quantified (e.g. probabilistic risk) and, on (...) the other, deep forms of uncertainty that may resist the possibility of being quantified (e.g. severe or fundamental uncertainties). On the basis of these different ingredients of uncertainty in technological innovation, we propose a new taxonomy that reveals the technological nature of innovation. Unlike previous taxonomies employed to handle different types of technological innovations, our taxonomy does not consider the economic value of innovation alone; it is much more oriented towards societal preferences and forms of technological uncertainty. Finally, we investigate the coherence of our proposal with the dual nature of technological artefacts, showing that innovation can be grounded on structural and functional factors and not just on economic ones. (shrink)

For more than two decades, police in the United States have used facial recognition to surveil civilians. Local police departments deploy facial recognition technology to identify protestors’ faces while federal law enforcement agencies quietly amass driver’s license and social media photos to build databases containing billions of faces. Yet, despite the widespread use of facial recognition in law enforcement, there are neither federal laws governing the deployment of this technology nor regulations settings standards with respect to its development. (...) To make matters worse, the Fourth Amendment—intended to limit police power and enacted to protect against unreasonable searches—has struggled to rein in new surveillance technologies since its inception. -/- This Article examines the Supreme Court’s Fourth Amendment jurisprudence leading up to Carpenter v. United States and suggests that the Court is reinterpreting the amendment for the digital age. Still, the too-slow expansion of privacy protections raises challenging questions about racial bias, the legitimacy of police power, and ethical issues in artificial intelligence design. This Article proposes the development of an algorithmic auditing and accountability market that not only sets standards for AI development and limitations on governmental use of facial recognition but encourages collaboration between public interest technologists and regulators. Beyond the necessary changes to the technological and legal landscape, the current system of policing must also be reevaluated if hard-won civil liberties are to endure. (shrink)

In the wake of the advent of genome editing technology CRISPR-Cas9 (clustered regularly interspaced palindromic repeat (CRISPR)-associated protein 9), there has been a global debate around the implications of manipulating the human genome. While CRISPR-based germline gene editing is new, the debate about the ethics of gene editing is not – for several decades now, scholars have debated the ethics of making heritable changes to the human genome. The arguments that have been raised both for and against the use (...) of genetic technologies in human reproduction reiterate much of the arguments made in the pre-CRISPR debate. As such, it is instructive for South Africa to reflect on these arguments now, in considering our position on the regulation of the use of this novel biotechnology. There are two dominant schools of thought in this area, bioliberalism and bioconservatism. Bioconservatives raise concerns about the risks of genetic manipulation, and argue that it ought to be limited or prohibited to avert these risks to human health and human nature. Bioliberal scholars are more open to the prospect of genetic manipulation, because of its potential utility. In this article, I conclude that in liberal democracies such as our own, bioliberal arguments ought to be seriously considered when formulating policy on human genome editing because of the extent to which they resonate with our Constitutional values and human rights. I further suggest that there is a need for an enquiry into the relevance of African perspectives on the ethical questions that arise concerning germline genome editing. (shrink)

Following media-theoretical studies that have characterized digitization as a process of all-encompassing cybernetization, this paper will examine the timely and critical potential of Günther Anders’s oeuvre vis-à-vis the ever-increasing power of cybernetic devices and networks. Anders has witnessed and negotiated the process of cybernetization from its very beginning, having criticized its tendency to automate and expand, as well as its circular logic and ‘integral power’, including disruptive consequences for the constitution of the political and the social. In this vein, Anders’s (...) works, particularly his magnum opus Die Antiquiertheit des Menschen [The Obsolescence of Man], sheds new light on the technologically organized milieus of the contemporary digital regime and also highlights a new form of cybernetic ‘conformism’. The goal of the essay is therefore, not only to emphasize the contemporary nature of Anders’s thought but also to use it to frame a critique of current neo-technocratic and, ultimately, post-political concepts, such as ‘algorithmic regulation’, ‘smart states’, ‘direct technocracy’, and ‘government as platform’. This essay argues that cybernetic capitalism is causing what Anders terms ‘ Unfestgelegtheit’ to disappear; that is, we are losing the originary possibility of technologically structuring our world in alternative ways, particularly given the determinist character of current technologies. (shrink)

Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human rights, nationalism, and state sovereignty (...) in the discourse on the putative impossibility—and, by some accounts, insidiousness—of religious freedom. I first explicate the interpretive and contestatory dimensions of human rights discourse concerning religious freedom. I then explore cross-cutting ambivalences within the nationalisms that states need and cultivate in effort to transmute their monopoly upon coercive force (i.e. power) into legitimated authority. I argue that these provide two dimensions in and through which state sovereignty may be opposed, criticized, held accountable, and subject to change. (shrink)

Deep brain stimulation, a surgical procedure involving the implantation of electrodes in the brain, has rekindled the medical community’s interest in psychosurgery. Whereas many researchers argue DBS is substantially different from psychosurgery, we argue psychiatric DBS—though a much more precise and refined treatment than its predecessors—is nevertheless a form of psychosurgery, which raises both old and new ethical and legal concerns that have not been given proper attention. Learning from the ethical and regulatory failures of older forms of psychosurgery can (...) help shed light on how to address the regulatory gaps that exist currently in DBS research. To show why it is important to address the current regulatory gaps within psychiatric DBS, we draw on the motivations underlying the regulation of earlier forms of psychosurgery in the US. We begin by providing a brief history of psychosurgery and electrical brain stimulation in the US. Against this backdrop, we introduce psychiatric DBS, exploring current research and ongoing clinical trials. We then draw out the ethical and regulatory similarities between earlier forms of psychosurgery and psychiatric DBS. As we will show, the factors that motivated strict regulation of earlier psychosurgical procedures mirror concerns with psychiatric DBS today. We offer three recommendations for psychiatric DBS regulation, which echo earlier motivations for regulating psychosurgery, along with new considerations that reflect the novel technologies used in DBS. (shrink)

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for (...) reproductive rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licences of fertility clinics. (shrink)

The history of the regulation of animal research is essentially the history of the emergence of meaningful social ethics for animals in society. Initially, animal ethics concerned itself solely with cruelty, but this was seen as inadequate to late 20th-century concerns about animal use. The new social ethic for animals was quite different, and its conceptual bases are explored in this paper. The Animal Welfare Act of 1966 represented a very minimal and in many ways incoherent attempt to regulate (...) animal research, and is far from morally adequate. The 1985 amendments did much to render coherent the ethic for laboratory animals, but these standards were still inadequate in many ways, as enumerated here. The philosophy underlying these laws is explained, their main provisions are explored, and future directions that could move the ethic forward and further rationalize the laws are sketched. (shrink)

Abstract -/- In 1998, the Council for Science and Technology established the Bioethics Committee and asked its members to examine the ethical and legal aspects of human cloning. The Committee concluded in 1999 that human cloning should be prohibited, and, based on the report, the government presented a bill for the regulation of human cloning in 2000. After a debate in the Diet, the original bill was slightly modified and issued on December 6, 2000. In this paper, I (...) take a closer look at this process and discuss some of the ethical problems that were debated. Also, I make a brief analysis of the concept “the sprout of human life.” Not only people who object to human cloning, but also many of those who seek to promote research on human cloning admit that a human embryo is the sprout of human life and, hence, it should be highly respected. I also discuss the function of the language of utilitarianism, the language of skepticism, and religious language appeared in the discussion of human cloning in Japan. (shrink)

The article provides the analysis of the entrance into the innovative activity and organized regulation of interaction which is based on the scientific and technological changes, concentration of production and the feasibility study of administrative decisions, which are dominated by a conglomerate of technical, technological and engineering management decisions. The research formulates the provisions for the productive use of business as the form of economic relations which is based on the entrepreneur function. These provisions are formulated basing on the (...) conditions of efficient division of labour and cooperation. The research singles out a number of systemic positions which allow perceiving logically and distinguishing the production, service and business, to distribute human activities between the groups of occupations and types of service activities. Among these systemic provisions the most efficient is a modelling approach which, when the society enters more complex social and economic stage, transfers the science from the environment of operations with the bulk characteristics into the environment of the analysis of specific sets of coefficients. The logistics of Ukraine’s joining the process of business is associated with the position of the recognition of the primacy of the physical abilities of the person, which should be developed in part in the system of public security and partly in the business environment, commercialization and private capital. Person enters the business environment and habitat as an initiative individual. These indicators are the following: «connections» between the old and the new, between the objects which exist and those which only start to appear and will exist in future; «sources» of development, movement, changes; «mechanism» of development, ways of changing from old to new quality; «direction» of development; «style» of thinking, understanding reality; «essence» of true knowledge; «essence itself» of cognition; «alternativeness» of metaphysics and dialectics. (shrink)

Stable adaptive strategy of Homo sapiens (SESH) is a superposition of three different adaptive data arrays: biological, socio-cultural and technological modules, based on three independent processes of generation and replication of an adaptive information – genetic, socio-cultural and symbolic transmissions (inheritance). Third component SESH focused equally to the adaptive transformation of the environment and carrier of SESH. With the advent of High Hume technology, risk has reached the existential significance level. The existential level of technical risk is, by definition, (...) an evolutionary risk as possible leads to the genesis of disappearance of humanity as a species. The emergence of bioethics has to consider as a form of modern (transdisciplinary) scientific concept and sociocultural adaptation for regulate human identity in the global-evolutionary transformation and performs the function of self-preservation. (shrink)