Page 20 - Ruminations
P. 20

18. Life, limb and property

          Technology,  biology  and  law  are  on  a  collision  course;  as  their
       boundaries blur, opportunities for mischief pop up like GMO kernels
       of  corn  in  a  microwave  oven.  “Inalienable”  rights,  justified
       theologically  and  enforced  secularly,  inevitably  conflict  in  culturally
       diverse polities dominated by corrupt oligarchies. That is nothing new;
       “life,  limb  and  property”  have  never  been  absolute  rights,  but  now
       their  definitions  are  deconstructed  and  complicated  by  scientific
       advances in biotechnology and electronics.
          The crux of the problem is a new conception of “information” as
       property related to (and a property of) life and limb. It pits citizens
       against corporations, with the government as unreliable arbiter. Digital
       capture,  storage,  analysis  and  reproduction  of  both  the  basic
       components of life and the smallest tics of human behavior are big
       business. Individual rights related to them are under attack, and may
       be  indefensible.  Similar  unresolved  issues  remain  with  artificial
       intelligence and its media.
          To be answered, or ignored, or denied as valid questions, are:

       1. If sentient life can be created, can it be owned? By individuals? Can
       it be killed with impunity? What can it create and kill?

       2. What is information or data? In what cases is it property? Can it be
       bought and sold, licensed or destroyed?

       3. Can I use my own DNA to grow a person? Kill or eat it? Is that
       murder or cannibalism or suicide? Can I do that for another person’s
       DNA? Is that theft? Or violation of copyright or patent?

       4.  Can  property  have  rights?  What  is  its  legal  standing?  If  nature
       randomly creates an organism already patented, who owns it?

       5. What is ultimately inalienable? If all the minutiae of every organism
       can  be  digitized  and  synthesized,  is  there  still  a  distinct  whole  with
       some legal protection?

       6. Thoughts are becoming mechanically readable, and therefore able
       to be captured (voluntarily or not); should all such mental content be
       owned  (or  copyrighted,  regardless  of  originality)  by  their  thinker?
       Could  they  be  used  in  evidence  against  a  person  without  a  search
       warrant?
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