This chapter examines the legitimacy of utilizing human biomedical interventions for regulatory purposes, drawing on regulatory governance scholarship, bioethical debates about human enhancement, and constitutional scholarship concerning fundamental rights. It considers whether the use of biomedical techniques to pursue regulatory and other public policy purposes is ethically equivalent to the use of traditional techniques that target the design of the social environment, including the alleged ethical ‘parity’ between social and biological interventions into the human mind. It argues when contemplating these techniques, we must consider who is seeking to utilize them, for whom, for what purpose, for whose benefit, and at what cost (and to whom). In wrestling with these questions, we must also attend to the social meanings associated with particular ends–means relationships, what is it that we value in human nature, and different understanding of ideas of human flourishing and the good life.
Audience Constructions, Reputations, and Emerging Media Technologies: New Issues of Legal and Social Policy
Nora A. Draper and Joseph Turow
This chapter traces how changes in media and surveillance technologies have influenced the strategies producers have for constructing audiences. The largely unregulated practices of information gathering that inform the measurement and evaluation of audiences have consequences for how individuals are viewed by media producers and, consequently, for how they view themselves. Recent technological advances have increased the specificity with which advertisers target audiences—moving from the classification of audience groups based on shared characteristics to the personalization of commercial media content for individuals. To assist in the personalization of content, media producers and advertisers use interactive technologies to enlist individuals in the construction of their own consumer reputations. Industry discourse frames the resulting personalization as empowering for individuals who are given a hand in crafting their media universe; however, these strategies are more likely to create further disparity among those who media institutions do and do not view as valuable.
Amber Marks, Ben Bowling, and Colman Keenan
This chapter examines how forensic science and technology are reshaping crime investigation, prosecution, and the administration of criminal justice. It highlights the profound effect of new scientific techniques, data collection devices, and mathematical analysis on the traditional criminal justice system. These blur procedural boundaries that have hitherto been central, while automating and procedurally compressing the entire criminal justice process. Technological innovation has also resulted in mass surveillance and eroded ‘double jeopardy’ protections due to scientific advances that enable the revisiting of conclusions reached long ago. These innovations point towards a system of ‘automatic justice’ that minimizes human agency and undercut traditional due process safeguards that have hitherto been central to the criminal justice model. To rebalance the relationship between state and citizen in a system of automatic criminal justice, we may need to accept the limitations of the existing criminal procedure framework and deploy privacy and data protection law.
The capture and long-term storage of carbon dioxide from power plants and other industrial installations may prove a key technology in climate change abatement strategies. Regulatory frameworks for carbon capture and storage (CCS) are now being developed in a number of jurisdictions. The European Union produced the first comprehensive legislation on the subject in 2009, which provides a compelling example of challenges associated with the design of regulation dealing with a novel technology. This chapter identifies three issues, each of which reflects aspects of regulatory legitimacy: the extent to which states within a federal or quasi-federal system should have the legal discretion to reject a technology; the way in which regulation provides for opportunities for public participation and engagement in issues concerning the new technology; and whether, and at what point, the state should assume responsibility for storage sites, given the long timescales necessary for secure storage.
This chapter explores some challenges that arise in respect of the regulation of human enhancement. It opens by advocating a definitional pluralism that acknowledges the existence of many concepts of human enhancement. These highlight different moral concerns about the application of genetic and cybernetic technologies to human brains and bodies. I identify one concept that is particularly effective at expressing the upsides of human enhancement. Another concept serves better to reveal enhancement’s downsides. I describe a further concept that reveals moral issues connected with great degrees of human enhancement. The chapter concludes with a discussion of attempts to regulate enhancement in elite sport. I defend the efforts of the World Anti-Doping Agency (WADA) to keep artificial means of enhancement out of sport.
Technological developments have complex, ambiguous and sometimes contradictory effects of on the institutions, norms and practices of citizenship. The chapter investigates the relationship between technology and citizenship by exploring the tensions between inclusion and emancipation, on the one hand, and exclusion and control, on the other hand. It discusses inclusionary and exclusionary aspects of developments in the areas of digital and biotechnologies in respect to access to legal status, political participation, and identity. It also examines the emancipatory potential of technologies at the level of citizenship practices and issues related to social and political control, which are triggered by increased and pervasive surveillance. The chapter suggests that the tensions between citizenship and technology are not inherent but rather derived from the circumstances in which technologies are adopted, the ways in which they are used, and the ongoing political struggles over citizenship.
The CoExistence of Copyright and Patent Laws to Protect InnovationA Case Study of 3D Printing in UK and Australian Law
Dinusha Mendis, Jane Nielsen, Diane Nicol, and Phoebe Li
The chapter considers the challenges faced by intellectual property (IP) laws, in particular copyright and patent laws, in responding to emerging technologies and innovation like 3D printing and scanning. It provides a brief introduction to 3D printing before moving to detailed analysis of relevant UK and Australian jurisprudence. Through this comparative analysis, the chapter explores whether copyright and patent laws can effectively protect innovation in this emerging technology, including consideration of both subsistence and infringement. The chapter suggests that 3D printing, like most other technologies, has a universal reach, yet subtle differences in the wording and interpretation of IP legislation between jurisdictions could lead to anomalies in levels of protection. It explores the possibility of a sui generis regime of IP protection for 3D printing, but submits that a nuanced reworking of existing regimes is, in the vast majority of circumstances, likely to be a sufficient response.
In conventional thinking, the promise of scientific progress gives automatic and unquestioned legitimacy to any new development in biotechnology. It is the nearest thing we have in a morally relativistic society to the concept of the common good. This chapter begins by examining a recent case study, so-called ‘mitochondrial transfer’ or three-person IVF, in which policymakers appeared to accept that this new technology should be effectively deregulated because that would serve UK national scientific progress and the national interest, despite serious unanswered concerns about its effectiveness and safety. The historical and philosophical underpinnings of the concept of the common good should make us more sceptical of the manner in which the concept can be perverted by particular interests. But there are also hopeful signs that the common good and the biomedical commons are being taken seriously in new models for governance of genomics and biotechnology more generally.
This chapter examines the transformative effect of the Internet and the rise of computer technology on international organization of communications. It begins by describing the liberalization of telecommunication services, which provides the essential point of departure for understanding the contemporary situation. It then identifies key international organizations involved in Internet governance. This survey of organizations is heavily biased towards entities that are involved in Internet operations and governance. The next section puts this collection of organizations into motion by describing their power struggles over the control of the Internet. Along the way, the chapter invokes several theories of organization, such as regime theory, principal-agent concepts of delegation, and theories of networked governance derived from transaction cost theory.
This chapter documents the extreme stresses that cyberspace applies to state law by examining how private international law, or conflict of laws, has responded to the online global world. This highlights both the penetration of globalization into the ‘private’ sphere and the strongly ‘public’ or collective political nature of much of the ‘private’ ordering through national law. The chapter shows that the nation state is asserting itself against the very phenomenon—globalization (through cyberspace)—that threatens its existence, and does not shy away from accepting the fragmentation of this global cyberspace along traditional political boundaries as collateral damage to its own survival. Yet, the frequent appeal to international human rights normativity in recent conflicts jurisprudence suggests an awareness of the unsuitability and illegitimacy of nation state law for the global online world.