This article arises from Future Tense, a collaboration among Arizona State University, the New America Foundation, and Slate. A Future Tense conference on whether governments can keep pace with scientific advances will be held at Google D.C.'s headquarters on Feb. 3-4. (For more information and to sign up for the event, please visit the NAF Web site.)
Synthetic biology—the engineering of new forms of life—is the kind of science that can freak people out. Some critics want to stop or restrict it. But President Obama's bioethics commission, in its report on this emerging technology, advocates a subtler approach: "an ongoing process of prudent vigilance that carefully monitors, identifies, and mitigates potential and realized harms over time."
Prudent vigilance may not be sexy, but it's smart. It's designed, in the commission's words, to maximize "information, flexibility, and judgment" in the regulation of technology. Here's how it works, as illustrated in the synthetic biology report.
1. If in doubt, don't interfere. The commission endorses "regulatory parsimony," i.e., "only as much oversight as is truly necessary." You might think that emerging technologies, because they're unformed and unpredictable, require particular restraint. That's the conservative view. The commission draws the opposite conclusion: The evolving nature of these technologies makes them "not well suited for sharply specified limitations."
This principle applies not just to technology, but to related fields such as law. "Intellectual property issues in synthetic biology are evolving," says the report. Accordingly, the commission "offers no specific opinion on the effectiveness of current intellectual property practices and policies in synthetic biology." Don't speak until you know what to say.
Why not err on the side of intervention? Because you might make things worse. Hasty restrictions, the report warns, "may be counterproductive to security and safety by preventing researchers from developing effective safeguards." Let the technology unfold, and see what happens. This might be the best way to learn what sort of regulation we'll need down the road. "The aggressive pursuit of fundamental research generally results in a broader understanding of a maturing scientific field like synthetic biology," says the report, and this "may be a particularly valuable way to prepare for the emergence of unanticipated risks that would require rapid identification and creative responses."
2. Change is the norm. The conservative instinct is to treat the status quo as natural and defend it against change. The commission rejects this idea. The notion that "synthetic biology fails to respect the proper relationship between humans and nature" misconceives the reality of that relationship. In biology, the panel argues, defining "nature" or "natural" is tricky "in light of humans' long history interacting with and affecting other species, humankind, and the environment." We've been messing with life all along.
The status quo, in other words, is change. Yes, modern genetic manipulation is more complex than old-fashioned breeding. But it isn't exploding. It's "proceeding in limited and carefully controlled ways." And while synthetic biology is at the cutting edge, it's just "an extension of genetic engineering" and "does not necessarily raise radically new concerns or risks."
3. Make the regulation as agile as the technology. The tricky thing about synthetic biology, according to the report, is that "the probability or magnitude of risks are high or highly uncertain, because biological organisms may evolve or change after release." And you can't gauge their future from their past, given the "lack of history regarding the behavior" of these organisms. So the commission keeps its judgments provisional. The words "evolve," "evolving," "current," "currently," "at present," "at this time," and "uncertain" appear 191 times in the report.
How can we manage such fast-moving, adaptable targets? With a fast-moving, adaptable regulatory system. The White House must "direct an ongoing review of the ability of synthetic organisms to multiply in the natural environment," says the commission. It must "identify, as needed, reliable containment and control mechanisms." This means constant reevaluation. A system of prudent vigilance will "identify, assess, monitor, and mitigate risks on an ongoing basis as the field matures." The word "ongoing" appears 73 times in the report.
4. Make the regulation as diffuse as the technology. The commission notes that synthetic biology "poses some unusual potential risks" because much of it is being conducted by "do-it-yourself" amateurs. Top-down regulation of known research facilities won't reach these garage experimenters. "It is at the individual or laboratory level where accidents will occur, material handling and transport issues will be noted, physical security will be enforced, and potential dual use intentions will most likely be detected," says the commission. Therefore, the government should focus on "creating a culture of responsibility in the synthetic biology community." The phrase "culture of responsibility" appears 16 times in the report.
5. Involve the government in non-restrictive ways. Given the complexity, adaptability, and diffusion of synthetic biology, the report suggests that the government "expand current oversight or engagement activities with non-institutional researchers." This "engagement" might consist of workshops or educational programs. By collaborating with the DIY research community, the government can "monitor [its] growth and capacity," thereby keeping abreast of the technology and its evolving risks.