“Enhancing human abilities” through technology: What’s to worry about?

Originally published by Douglas Keene.

Earlier this year, we wrote about the patent squabble over CRISPR and how that new tech/old laws fight (between researchers at two major research institutions) is playing out in the sadly outdated patent law system. This month, Pew Research took to the phone lines to see just how Americans feel about CRISPR (aka gene editing) and other “biomedical technologies” (e.g., brain chip implants and synthetic blood) which claim that they will change human capabilities.

You may be surprised at how ambivalent the public is about using these new tools. As Pew says, “Americans are more worried than enthusiastic” about how these tools will be used. And, as this technology veers more and more into public awareness, being aware of the ambivalence with which Americans view this ground-breaking technology is going to become increasingly important for trial lawyers.

Here are a few of the facts from the Pew study:

Americans are more worried than enthusiastic about gene editing (even though it will theoretically reduce disease risk in babies), brain chip implants (even though they will theoretically improve cognitive abilities), and synthetic blood (even though it will theoretically improve physical abilities).

While Pew mentions that some respondents were both worried and excited, their worry was stronger than their excitement. Even when it comes to gene editing with the promise of helping prevent diseases for their own babies—48% support the idea and 50% do not.

There are multiple concerns about how “enhanced humans” may think themselves superior to those who remain un-enhanced and there are many questions about the morality of these changes/advances. In other words, are these ideas “meddling with nature” (a more common response among the highly religious) or “no different from other ways humans have tried to better themselves over time”? And it hints at concerns that there may be a class bias embedded in the dispute, wherein the affluent will once again have access to resources and opportunities that leave the less empowered even farther behind.

When it comes to gender, women were less likely to support the new technologies than were men.

There were differentiations made by the respondents between what they saw as “elective procedures” (as in cosmetic surgeries) and those benefits provided by these new technologies that would be therapeutic. The line between the two (elective and therapeutic) was often fuzzy but Pew thinks it may be a good way to differentiate between the reactions to these new technologies.

Overall, Pew thinks these questions about using new technologies raise the issue of what it means to be human and whether these new developments reach beyond limits set by “God, nature or reason”. Where we draw that line is the crux of the matter for many respondents.

What isn’t clear is what the public thinks of law or legal precedent when it comes to such things. That makes sense, since they haven’t any idea of what the implications of the laws could be on this strange new world. If they are frightened by the implications of these innovations, they might want laws that slow down the changes. If they are more excited than frightened, they might want to allow the marketplace to drive the innovations.

From a litigation advocacy perspective, these responses are not necessarily intuitive. While we might intuit that allowing babies to be born without diseases would be a positive thing, respondents did not necessarily agree. They see it as being more complex. Although the parents of that baby struggling with a serious disease would likely strongly support the new technology for helping their child, others might well say “that sounds good, but this is a slippery slope and where will it lead?”.

As with all “hot button” issues, this is one that will require careful pretrial research to identify the most effective way to tell a story that will not set off knee-jerk morally based reactions to the use of new technologies. People want to feel safe from disease, but also from a world where science fiction movies come to life. Equally uncertain is how people see the role of government in nurturing innovation while protecting the public from science run amok.

Pew Research Foundation (July 26, 2016). U.S. Public Wary of Biomedical Technologies to ‘Enhance’ Human Abilities. http://ift.tt/2anr3Bq

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Related posts:

1. CRISPR: Ground-breaking  technology faces off with old laws at the USPTO
2. What do those jurors really know about science and technology?
3. The Millennials (aka ‘Gen Y’): On tattoos, TMI, tolerance and technology

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