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The Mad (and not so Mad) Scientist Next Door: A Holistic Approach to Addressing Do-it-Yourself Biology 隔壁的疯狂(和不那么疯狂)科学家:解决自己动手生物学的整体方法
Pub Date : 2012-07-31 DOI: 10.1515/2154-3186.1035
Jared Burr
Abstract Synthetic biology promises to be one of the most exciting developments in bioengineering. Through synthetic biology, scientists can now recreate the genomes of extinct organisms, modify existing organism to give them functions that they previously never possessed, and eventually create novel organisms entirely. Synthetic biology has attracted the attention of both professional scientists as well as the attention of a growing movement of amateur biologists, a testament to the increasing democratization of previously rarefied science. As a result, while this powerful new technology, along with the increased dissemination of its techniques and methods, may lead to greater influence in the future and to substantial benefits for society, it also raises concerns for biosecurity. Consequently, scientists and policy makers have begun to seriously consider the issues posed by this developing science in the context of a world where such knowledge and technology is becoming widely accessible to the general population. Part one of the paper will provide background on synthetic biology and do-it-yourself biology, briefly describing their nature, prospects, and risks to biosecurity. Part two of the paper will shift the focus from description to evaluation. It will summarize some of the existing policy responses to this issue and legal infrastructure within the United States before arguing for a holistic approach to addressing this issue. Then the focus will be upon three separate areas of possible regulation while noting some of the interconnections between these areas.
合成生物学有望成为生物工程领域最令人兴奋的发展之一。通过合成生物学,科学家们现在可以重建灭绝生物的基因组,修改现有生物,赋予它们以前从未拥有的功能,并最终创造出全新的生物。合成生物学不仅吸引了专业科学家的注意,也吸引了越来越多的业余生物学家的注意,这证明了以前的稀有科学正在日益民主化。因此,虽然这项强大的新技术及其技术和方法的日益传播可能在未来产生更大的影响并为社会带来实质性利益,但它也引起了对生物安全的关注。因此,科学家和决策者已经开始认真考虑这门发展中的科学所带来的问题,在这个世界的背景下,这类知识和技术正广泛地为普通大众所获取。论文的第一部分将提供合成生物学和自己动手生物学的背景,简要描述它们的性质、前景和对生物安全的风险。论文的第二部分将重点从描述转向评价。在提出解决这一问题的整体方法之前,它将总结一些针对这一问题的现有政策反应和美国国内的法律基础设施。然后,重点将放在三个可能监管的独立领域,同时注意到这些领域之间的一些相互联系。
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引用次数: 2
A Legal Analysis of the Search Warrants of the Amerithrax Investigation Amerithrax案搜查令之法律分析
Pub Date : 2012-07-31 DOI: 10.1515/2154-3186.1040
Courtney Grafft
Abstract One of the nation’s most complex investigations in its history stemmed from the 2001 anthrax attack letters. Filled with dead-ends, false leads, and flustered FBI and Postal Inspection officers trying to grapple with intricate scientific details, the Amerithrax investigation caused many to question the efforts of America's forefront investigative entity. The specialized American bioweapons community remained in a constant state of paranoia from late 2001 to 2008, and over 30,000 members of the American Society for Microbiology received a letter indicating the high probability “that one or more of you know” the anthrax killer. Finally, in 2007 the Amerithrax Task Force named Dr. Bruce Ivins, a civilian bioweapons specialist at the United States Army Medical Research Institute for Infectious Diseases (USAMRIID), who only a few years before helped the officers sort through the complicated task of studying the weaponized anthrax, as the prime suspect. Investigative efforts ratcheted up in fall of 2007 when a series of warrants were issued to search Dr. Ivins’ home, office, and vehicles.Since the ratification of the Fourth Amendment in 1791, the United States has recognized the importance of a system with laws designed to prohibit unfettered investigations by the leaders of our country. This paper analyzes the search warrants utilized in the Dr. Ivins’ investigation and discusses the Fourth Amendment implications. First, a brief review of the state of America in September 2001 is detailed. Next, the paper discusses the facts of the Amerithrax investigation, including the mishap involving Steven Hatfill. Section III explains some Fourth Amendment search warrant basics before getting to the meat of this analysis: the actual search warrants of the Amerithrax investigation.
美国历史上最复杂的调查之一源于2001年的炭疽攻击信。对Amerithrax的调查充满了死胡同、错误的线索,慌乱的联邦调查局和邮政检查官员试图与复杂的科学细节作斗争,这让许多人质疑美国前沿调查机构的努力。从2001年底到2008年,美国生物武器专业团体一直处于一种偏执的状态,美国微生物学会(American Society for Microbiology)的3万多名成员收到了一封信,信中指出,“你们中有一人或多人知道”炭疽杀手的可能性很大。最后,在2007年,Amerithrax特别工作组将布鲁斯·艾文斯(Bruce Ivins)博士列为头号嫌疑人。他是美国陆军传染病医学研究所(USAMRIID)的一名民用生物武器专家,几年前他还帮助军官们梳理了研究武器化炭疽的复杂任务。2007年秋天,调查力度加大,当局签发了一系列搜查令,搜查艾文斯的家、办公室和车辆。自1791年批准第四修正案以来,美国已经认识到一个旨在禁止我国领导人不受约束地进行调查的法律制度的重要性。本文分析了艾文斯博士调查中使用的搜查令,并讨论了第四修正案的含义。首先,简要回顾2001年9月美国的状况。接下来,本文讨论了美国石油公司调查的事实,包括涉及史蒂芬·哈特菲尔的事故。第三节解释了第四修正案的一些搜查令的基础知识,然后才进入分析的核心:Amerithrax调查的实际搜查令。
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引用次数: 0
WHO's Got Yellow Rain: An Analysis of the Yellow Rain Incident and the Possible Involvement of the World Health Organization 世卫组织有黄雨:黄雨事件分析及世卫组织可能介入
Pub Date : 2012-07-31 DOI: 10.1515/2154-3186.1029
Zack Allen
Abstract This article seeks to answer the question: What would have changed, had the World Health Organization spearheaded the investigation of the Yellow Rain Incident instead of the U.S. State Department? This article will begin with a brief discussion of the Yellow Rain Incident. It will then describe the role and function of the World Health Organization. Next, it will begin analyzing ways in which the World Health Organization could have participated in the investigation of the Yellow Rain Incident. This discussion will also analyze the level at which the World Health Organization could participate in an investigation had the Yellow Rain Incident happened today. Finally, the discussion will return to the original question and attempt to offer an answer after having considered all of the facts and data.
本文试图回答这样一个问题:如果由世界卫生组织而不是美国国务院带头调查黄雨事件,会发生什么变化?本文将从对黄雨事件的简要讨论开始。然后将介绍世界卫生组织的作用和职能。接下来,将开始分析世界卫生组织参与黄雨事件调查的方法。本讨论还将分析如果今天发生黄雨事件,世界卫生组织参与调查的程度。最后,讨论将回到最初的问题,并试图在考虑了所有的事实和数据后给出一个答案。
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引用次数: 0
The Role of Regulations in Minimizing the Bioterrorism Threat to Food Imports 法规在尽量减少食品进口的生物恐怖主义威胁中的作用
Pub Date : 2012-07-31 DOI: 10.1515/2154-3186.1036
B. Tate
Abstract The majority of the bioterrorism articles and reports written since the 2001 anthrax attacks in the United States have focused on the threat of biological weapons or biological agents directed towards human targets. Although this threat should not be diminished, it is only one aspect of the human environment that is susceptible to attack. Effective attacks could be mounted against the food chain outside the United States on imported food bound for the United States. These potential attacks bear the risk of going undetected until individuals or animals consume tainted products. This article focuses on the role that regulations play in protecting the food chain from these international attacks, and addresses some of the complications that arise from the current legal framework.
自2001年美国炭疽袭击以来,大多数关于生物恐怖主义的文章和报告都集中在生物武器或生物制剂对人类目标的威胁上。虽然这种威胁不应减少,但它只是人类环境中容易受到攻击的一个方面。可以针对美国以外的食物链,对运往美国的进口食品进行有效的攻击。直到个人或动物食用了受污染的产品,这些潜在的攻击才会被发现。本文将重点讨论法规在保护食物链免受这些国际攻击方面所起的作用,并解决当前法律框架中出现的一些复杂问题。
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引用次数: 1
Duties and Difficulties of Investigating and Prosecuting Biocrimes 生物犯罪侦查与起诉的职责与难点
Pub Date : 2012-07-31 DOI: 10.1515/2154-3186.1032
Lisa M. Danley
Abstract Biological warfare has been used longer than most conventional weapons, yet international and domestic response protocol and regulations designed to effectively manage, investigate, and prosecute biocrimes have only recently been implemented. Even with such protocol and regulations, significant difficulties arise in the investigation and prosecution of perpetrators. This article will identify and describe many of these challenges, beginning with the scope of biocrimes, which can generally be defined as a malevolent use of pathogens or toxins to harm others. Other challenges surrounding the investigation of biocrimes which will be addressed within this article include: identifying what biological agent caused an illness or disease outbreak; characterizing the event as a deliberate attack or a naturally occurring outbreak; and balancing an infected person’s civil liberties with conducting a thorough and accurate investigation. The final significant challenge of investigation and prosecuting biocrimes is the extremely high cost of mistakes. Ultimately, this article recommends ways to remove some the challenges to investigating and prosecuting biocrimes through greater information sharing and standardized investigative and prosecutorial training.
与大多数常规武器相比,生物战的使用时间更长,但旨在有效管理、调查和起诉生物犯罪的国际和国内应对协议和法规直到最近才开始实施。即使有这样的议定书和条例,在调查和起诉犯罪者方面也会出现重大困难。本文将识别和描述其中的许多挑战,从生物犯罪的范围开始,生物犯罪通常可以定义为恶意使用病原体或毒素伤害他人。本文将讨论的围绕生物犯罪调查的其他挑战包括:确定何种生物制剂导致疾病或疾病爆发;将事件定性为蓄意袭击或自然爆发;在感染者的公民自由和进行彻底准确的调查之间取得平衡。调查和起诉生物犯罪的最后一个重大挑战是错误造成的极高成本。最后,本文建议通过更多的信息共享和标准化的调查和起诉培训来消除调查和起诉生物犯罪的一些挑战。
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引用次数: 4
BioIntel: Leveraging Information to Prevent Biological Weapons Attacks 生物情报:利用信息防止生物武器攻击
Pub Date : 2012-03-07 DOI: 10.1515/2154-3186.1020
Jeff Mustin
Identifying and assessing biological weapons (“BW”) programs has been a fatal flaw in the United States defense posture since the Cold War. From the time when the Berlin Wall was torn down and the technology used to build BW proliferated worldwide, the BW threat has become more immediate, however the ability to identify hostile BW programs and assess their capabilities has received little attention. This paper seeks to identify ways to leverage information that might prevent a BW attack on the United States. It begins by looking at historical trends in the failure to assess, continues with a brief analysis of the intelligence collection cycle, and then looks to tailor the cycle to meet this unique threat.
自冷战以来,识别和评估生物武器(“BW”)计划一直是美国国防态势的致命缺陷。自从柏林墙被推倒,用于制造生物武器的技术在世界范围内扩散以来,生物武器的威胁变得更加紧迫,然而,识别敌对生物武器项目和评估其能力的能力却很少受到关注。本文试图找出利用可能阻止对美国进行生物武器攻击的信息的方法。文章首先回顾了评估失败的历史趋势,接着对情报收集周期进行了简要分析,然后着眼于调整周期,以应对这种独特的威胁。
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引用次数: 1
A Survey of Priorities and Impediments for a Biosecurity Code of Conduct as a Confidence Building Measure for the Biological Weapons and Toxins Convention 作为《生物武器和毒素公约》建立信任措施的生物安全行为守则的优先事项和障碍调查
Pub Date : 2012-03-07 DOI: 10.1515/2154-3186.1038
V. Sutton
The Biological and Toxins Weapons Convention (BTWC), signed in 1972, is the express sense of 162 nations that as a world community, we agree to the end of the use of biological weapons by state parties. However, the increasing numbers of biological, pharmaceutical and public health facilities, coupled with the biotechnology revolution in the latter part of the 20th century, made the development of preventative code of conduct a priority. Biosafety and biosecurity codes of conduct became a topic for consideration by the BTWC in 2005. To develop this new focus, the BTWC conference held a series of expert meetings culminating with the 2011 Review Conference.Codes of conduct encourage a community approach to formulate acceptable, effective, and reasonably related principles in order to achieve its goals. In order to achieve a collective definition of the priorities or impediments for a biosecurity code of conduct among the representatives of the States Parties, a survey was designed. The survey instrument was designed to be answered during one of the days of the regular intersessional Meetings of Experts of the BTWC on August 27, 2009. This article provides a review and assessment of results of this survey.
1972年签署的《生物和毒素武器公约》(BTWC)表达了162个国家的明确意愿,即作为一个国际社会,我们同意缔约国停止使用生物武器。然而,由于生物、制药和公共卫生设施的数量不断增加,加上20世纪后半叶的生物技术革命,制定预防性行为守则成为一项优先事项。2005年,生物安全和生物安保行为守则成为公约审议的议题。为了发展这一新的重点,《生物武器公约》大会举行了一系列专家会议,最终召开了2011年审查会议。行为守则鼓励以社区的方式制定可接受、有效和合理相关的原则,以实现其目标。为了在缔约国代表之间对生物安全行为守则的优先事项或障碍达成集体定义,设计了一项调查。调查问卷的设计目的是在2009年8月27日《生物武器公约》闭会期间专家定期会议的某一天进行回答。本文对调查结果进行了回顾和评价。
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引用次数: 0
Cold Cooperation: Biodevelopment and The Legal Landscape 冷合作:生物发展和法律景观
Pub Date : 2012-03-07 DOI: 10.1515/2154-3186.1016
Colby Rideout
Since the Bolshevik Revolution, Russian government has been involved in the development and weaponization of biological agents for offensive purposes. In 1972 the Soviet Union signed the Biological Weapons Convention (BWC) banning the use, development, and possession of offensive biological weapons. But soon the world learned that the Soviets continued developing biological weapons in violation of the BWC. There are still many questions concerning whether Russia continues to dishonor its obligations under the BWC. This paper uses Russia as a case study to show that something needs to be done to ensure all BWC subscribing nations’ compliance with the BWC and then proposes a combination of measures aimed at improving international compliance.
自布尔什维克革命以来,俄罗斯政府一直参与开发和武器化用于进攻目的的生物制剂。1972年,苏联签署了禁止使用、发展和拥有攻击性生物武器的《禁止生物武器公约》(BWC)。但世界很快就知道,苏联继续开发生物武器,违反了《禁止生物武器公约》。关于俄罗斯是否继续不履行《禁止生物武器公约》规定的义务,仍存在许多问题。本文以俄罗斯为例,表明需要采取措施确保所有《生物武器公约》签约国遵守《生物武器公约》,然后提出旨在改善国际遵守的综合措施。
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引用次数: 0
International Bioterrorism Search and Seizure Issues: A Comparative Analysis of American and French Search and Seizure Law as it Relates to the Global War on Terror 国际生物恐怖主义搜查和扣押问题:美国和法国搜查和扣押法的比较分析,因为它涉及全球反恐战争
Pub Date : 2012-03-07 DOI: 10.1515/2154-3186.1014
C. Jeansonne
This Article will focus on the Plague as a biological weapon to be used in a bioterrorism attack. Two different hypotheticals will be discussed in Part II regarding bioterrorism threats at airports in both the United States and France. Emerging technologies in biological warfare detection are discussed in Part III. United States search and seizure law will be discussed in Part IV, while French search and seizure law will be detailed in Part V. Part VI of this Article will analyze the differences between both country’s law enforcement agents and their ability to combat bioterrorism threats in their respective countries. Finally, this Article will discuss which country is better prepared to face a potential bioterrorism attack through its airport security procedures, anti-terrorism measures, biosecurity laws, and search and seizure laws and limitations.
本文将重点介绍鼠疫作为生物恐怖袭击中使用的生物武器。第二部分将讨论两种不同的假设,即美国和法国机场的生物恐怖主义威胁。第三部分讨论了生物战探测中的新兴技术。美国的搜查和扣押法将在第四部分讨论,而法国的搜查和扣押法将在第五部分详细介绍。本文的第六部分将分析两国执法人员之间的差异及其在各自国家打击生物恐怖主义威胁的能力。最后,本文将讨论哪个国家通过其机场安全程序、反恐措施、生物安全法以及搜查和扣押法律和限制,更好地准备面对潜在的生物恐怖主义袭击。
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引用次数: 0
International Health and Intelligence Gathering: One in the Same or Rival Factions? 国际卫生和情报收集:同一派别还是敌对派别?
Pub Date : 2012-03-07 DOI: 10.1515/2154-3186.1017
Jo-Anne Shelton
This paper will consider a proposal for a new type of governmental agency to counter the threat of international public health concerns. Public health has increasingly become an international concern as a national security issue regardless of whether it involves an intentional release of a disease. September 11th and the Anthrax letters woke people up to the threat of bioterrorism. In addition, SARS, H1N1, and the Andrew Speaker incident have served to remind us that the threat of fatal disease occurs naturally and does not need to be turned into a weapon before it is a legitimate threat. The natural question that one must raise is whether existing government agencies are sufficiently equipped and prepared to deal with such challenges. The hypothetical government agency discussed in this paper will is one that combines aspects of a public health agency along with that of an intelligence organization. To begin the analysis of such a hypothetical agency, one must first consider where the world of public health intersects with espionage and law enforcement. Next, this paper will discuss the some of the government entities charged separately with different aspects of these duties. Finally, this paper will consider some of the legal limits of such a new agency.
本文将考虑一种新型政府机构的建议,以应对国际公共卫生问题的威胁。公共卫生日益成为国际关注的国家安全问题,无论它是否涉及故意释放疾病。9月11日和炭疽信件让人们意识到生物恐怖主义的威胁。此外,SARS、H1N1和Andrew Speaker事件提醒我们,致命疾病的威胁是自然发生的,在成为合法威胁之前不需要变成武器。人们必须提出的一个自然问题是,现有的政府机构是否有足够的装备和准备来应对这些挑战。本文所讨论的假想政府机构将是一个集公共卫生机构和情报机构于一身的机构。要开始分析这样一个假想的机构,首先必须考虑公共卫生领域与间谍活动和执法部门的交集。接下来,本文将讨论一些政府实体分别负责这些职责的不同方面。最后,本文将考虑这种新机构的一些法律限制。
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引用次数: 1
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Journal of Biosecurity, Biosafety and Biodefense Law
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