22 Biotechnology Law Report 376 Number 4 (August 2003) ©Mary Ann Liebert, Inc. Social and Ethical Issues in Nanotechnology: Lessons from Biotechnology and Other High Technologies JOEL ROTHSTEIN WOLFSON* INTRODUCTION human goals. In the early decades of the twenty-first century, concentrated effort can IOTECHNOLOGY CANBE BROADLYDEFINED as the bring together nanotechnology, biotechnol- Buse of specially bred living organisms to solve ogy, information technology, and new tech- problems and produce new products or, more nar- nologies based in cognitive science. With rowly, as the intentional alteration of living organ- proper attention to ethical issues and societal isms by manipulation of their DNA. In either case, needs, the result can be a tremendous im- nanotechnology—that is, the creation of molecule- provement in human abilities, societal out- size machines and other devices and the manipula- comes, and quality of life. 1 tion of substances molecule by molecule—will play an increasingly important role. The ability to cus- In an article entitled “Nanotechnology 1 Bio- tom build portions of DNA and other chemicals bit technology 5 Sustainability,” 2 Professor Street ex- by bit and the potential to create machines that can plores “the potential for biotechnology and nan- interact with, or even penetrate cells of a living or- otechnology to become partners for the innovative ganism, will have a profound affect on biotechnol- solution of technological problems that have been ogy. with us for some time.” Among the areas high- Numerous articles have recently been written lighted in the article are advances that might be about the convergence of biotechnology, nanotech- made in nanomedicine, biomolecular motors, and nology, and other high technologies. For example, the use of biotechnology/nanotechnology to clean in 2002, The National Science Foundation published up the environment, increase food production, and a lengthy set of papers on “Converging Technolo- create materials such as new plastics and chemicals. gies For Improved Human Performance,” which ex- Articles on the convergence of biotechnology and plored numerous aspects of the convergence of nanotechnology have ranged from the popular 3 to biotechnology, nanotechnology, information tech- the more scholarly. 4 nology, and cognitive sciences. In explaining the background for the project, the report begins: 1 Converging Technologies for Improved Human Performance , We stand at the threshold of a new renais- National Science Foundation (2002), p 1 (emphasis added). 2 sance in science and technology, based on a “Nanotechnology 1 Biotechnology 5 Sustainability,” G. Street, In: Michel J (ed): Proceedings of the Many Facets of International comprehensive understanding of the structure Education of Engineers. A.A. Balkema Publishers, 2000. and behavior of matter from the nanoscale up 3 See, e.g., “Nanotechnology, Biotechnology Come Together,” to the most complex system yet discovered, K. Burns, North County Times , August 19, 2001; “Scientists of Very Small Draw Disciplines Together,” New York Times C4 the human brain. Unification of science based (Feb. 10, 2003); “Fantastic Voyage: Tiny Pharmacies Propelled on unity in nature and its holistic investigation Through the Body Could Result from Cornell Breakthrough in will lead to technological convergence and a Molecular Motors,” Cornell News (Sept. 7, 1999). 4 See, e.g., Merkel RC. Biotechnology as a route to nanotech- more efficient societal structure for reaching nology, Trends Biotechnol 1999;17:271; “New Motifs in DNA Nanotechnology,” Fifth Foresight Conference on Molecular Nanotechnology (1997); West JL, Halas NJ. Applications of *Joel Rothstein Wolfson practices with the firm of Blank Rome nanotechnology to biotechnology, Curr Opin Biotechnol Comisky & McCauley LLP in Washington, D.C. 2000;11:215. 376 Biotechnology Law Report Volume 22, Number 4 377 In any event, biotechnologists and public policy tial benefits to society, a helpful discussion can be makers need to understand the social and ethical is- found at www.foresight.org/NanoRev/FIFAQ1.html sues raised by nanotechnology as they impact and (last visited June 2, 2003). merge with those of biotechnology. This article out- lines some of those issues. FIVE VEXING ISSUES SOCIAL AND ETHICAL ISSUES IN Haves and have-nots of nanotechnology NANOTECHNOLOGY As we have seen with other technologies, the de- velopment and deployment of nanotechnology will Nanotechnology has an enormous potential to do likely occur first within certain classes of wealthy good in society. However, like many technologies, societies and then in wealthier nations in general. its introduction and implementation raise serious so- The effect and challenge of bridging the gaps be- cietal and ethical issues, both for the scientists who tween classes of haves and have-nots, and then are developing this technology and for the members countries that have and have-not, needs to be con- of the public who may benefit from or be exposed sidered. to it. The purpose of this paper is to explore some If the nanotechnology gap will be anything like of these societal and ethical issues. The purpose is the gap that exists in ownership of computers and not to take policy positions or to suggest solutions usage of the Internet, the nanotechnology gap be- but merely to raise some of the important social is- tween haves and have-nots will pose real societal sues. In this way, it is hoped that this paper can form issues. In 1995, the U.S. Department of Commerce the basis of a discussion on the public policy rami- published its Falling Through the Net: A Survey of fications of nanotechnology, from which positions the ‘Have Nots’ in Rural and Urban America .5 The and solutions can begin to emerge. report noted that the gap in the percentages of house- Many of the social and ethical issues are the same holds with computers between the rich, white, and as those that affect a wide range of other high tech- educated and poor minorities with less education nologies. That is, while the technology is new, the was enormous. A summary of some statistics from issues it raises have been faced before by researchers that survey illustrates the point (Table 1). and society. We need to remind ourselves about the This table illustrates the starkness of the divide. lessons we have already learned about social and In the mid 1990s, those with annual incomes over ethical issues that were raised by biotechnology $75,000 were seven times more likely to own com- (such as from regulatory failures in gene therapy), from the development of nuclear technologies, and from computer technologies. For those needing a 5 Falling Through the Net: A Survey of the ‘Have Nots’ in Rural brief introduction to nanotechnology and its poten- and Urban America , U.S. Department of Commerce, July 1995. TABLE 1. 1995 DEPARTMENTOF COMMERCE REPORT Percentage of households Characteristic (Urban households) with computers Income $75,000 or more 64.4 $10,000–14,999 9.1 $10,000 or less 8.1 Race White 30.3 Black 11.8 Hispanic 13.2 Education College (4 years or more) 50.7 High school 6.1 Elementary school 2.8 378 Biotechnology Law Report Volume 22, Number 4 TABLE 2. 2000 DEPARTMENT OF COMMERCE REPORT Percentage of households Characteristic (Urban households) with computers Income $75,000 or more 86.2 $10,000–14,999 22.4 $10,000 or less 15.1 ($5,000–$9,999) 23.6 (below $5,000) Race White 57.3 Black 33.3 Hispanic 34.2 Education College (4 years or more) 75.3 High school 38.3 Elementary school 13.7 puters than those with incomes under $15,000. Ur- centage of computer ownership than households ban whites had nearly three times the percentage with incomes between $10,000 and $15,000. Whites ownership of computers than urban blacks had. Peo- now had less than twice the percentage computer ple with college degrees had more than eight times ownership of blacks. Post-college-educated persons the percentage of computers compared with high had less than twice the percentage computer own- school-educated people and more than 17 times that ership of high school-educated persons. 6 of people who had only an elementary-school edu- Nonetheless, the digital divide in the United cation. States remains. For example, in this same October While the Department of Commerce has reported 2000 report, 7 the DEC reported that 77% of house- a dramatic narrowing of the digital divide since holds with incomes exceeding $75,000 per year 1995, the gap remains large. Comparing the statis- had Internet access (60.9% of households with in- tics from 1995 reveals the effect (Table 2). comes between $50,000–$75000 had access), Thus, according to the 2000 Report, high-income whereas only 12.7% of households with incomes households now had less than four times the per- of $15,000 or less had access (21.3% of households 6 The DEC 2000 Report noted the achievements: tion level, particularly for those with some high school or col- The rapid uptake of new technologies is occurring among lege education. Households headed by someone with “some most groups of Americans, regardless of income, education, college experience” showed the greatest expansion in Inter- race or ethnicity, location, age, or gender, suggesting that dig- net penetration of all education levels, rising from 30.2% in ital inclusion is a realizable goal. Groups that have tradition- December 1998 to 49.0% in August 2000. ally been digital “have nots” are now making dramatic gains: Blacks and Hispanics still lag behind other groups but have shown impressive gains in Internet access. Black households The gap between households in rural areas and households are now more than twice as likely to have home access than nationwide that access the Internet has narrowed from 4.0 they were 20 months ago, rising from 11.2% to 23.5%.