Balancing Secrecy and Open Science

The Dual Use Dilemma

Brian J. Gorman, M.Sc., J.D.

Towson University, Maryland

Presentation for
The National Academies’
Committee on Scientific Communication and National
Security

October 30, 2006

 The Dual Use Dilemma
.
Open publication of scientific methods

Helps terrorists and

Helps advance science rogue states pursue
bioweapons
 Unique Threat of Bioterrorism

 Lowest financial  Weakest state controls

barrier at $1 per life  Weakest international
 Lowest access barrier treaties
to equipment  Widest reach due to
 Least effective transmissibility
detection modalities  Worst cooperation
 Longest lead time from professionals
before awareness  Widest access to
 Largest population sensitive information
with technical know-
how

The Biosecurity Threat

 Experiments of Concern*

1. Renders a vaccine ineffective

2. Alters resistance to antibiotics agents
3. Increases virulence of a pathogen
4. Increases transmissibility of a pathogen
5. Alters the host range of a pathogen
6. Enables evasion of detection
7. Enables the weaponization of a biological
agent or toxin

* Committee on Research Standards and Practice to Prevent the Destructive

Application of Biotechnology, National Research Council of National Academy of
Sciences, Biotechnology Research in an Age of Terrorism 2004

Prevention
 Due Process Vetting

RISK ASSESSMENT SCALE

 #5. Would this paper lead to the increased
transmissibility of a pathogen?
1. Unforeseeable 2.Remote 3. Possible 4. Likely 5. Imminent

 #7. Would this paper help enable the evasion of

diagnostic/detection modalities?

1. Unforeseeable 2.Remote 3. Possible 4. Likely 5. Imminent

Prevention
 Risk Assessment Scale Flow Chart
New
Article

Author RAS Score

IRB RAS
Score
BRC RAS
Screening
Journal/Peer Review
RAS Score

Publish

BRC
Vetting
Request

Author Article Journal

IRB Gorman, 2005

Prevention
 Due Process Vetting Scale Flow Chart

Initial BRC Review and

Finding

Article
Publish recommended
for classification

Author IRB Journal

Consent Consent Consent

Demand Demand Demand

Hearing Hearing Hearing

Gorman, 2005
Prevention
 Notice Mechanism for Sensitive Science

 The national security community has no advance

warning of publications on sensitive science.

 Export rules address national security by controlling the

transfer of U.S. technology to countries of concern.

 Fundamental research is exempt from export license

requirements.

 Removal of the fundamental research exemption for

select agents would provide the national security
community with notice of sensitive dual use science
before publication to assure proper vetting.

Gorman, 2006
Prevention
 Proposals on Scientific Communication and
National Security

 Brian J. Gorman, “Balancing National Security

and Open Science: A Proposal for Due Process
Vetting,” Yale Journal of Law and Technology,
Spring 2005.

 Brian J. Gorman, “Biosecurity and Secrecy

Policy: Problems, Theory and a Call for
Executive Action,” I/S: A Journal of Law and
Policy for the Information Society, Winter 2006.

Prevention
Balancing Secrecy and Open Science
The Dual Use Dilemma

Brian J. Gorman, M.Sc., J.D.

Towson University, Maryland

Presentation for
The National Academies’
Committee on Scientific Communication and National Security

October 30, 2006