Ahead of the Curve 8-hour

Ethical, Legal, and Societal Implications of New Weapons Technologies Maj
Gen (Ret) Robert Latiff, Ph.D. Reilly Center for Science, Technology, and Values University of Notre Dame Don Howard, Ph.D. Professor of Philosophy and Reilly Center for Science, Technology, and Values University of Notre Dame

This work was done under contract to the National Academy
of Sciences. Copyright © 2015 National Academy of Sciences All rights reserved Contact information: Maj Gen (Ret) Robert H. Latiff [email protected] Don Howard [email protected]

•  The question most often asked about these advancements is
“can we?” •  But an equally important question is “should we?” http://www.nd.edu/fighting-for/2014/fighting-for-the-ethical-use-of-technology/ Military Technological Progress Poses Opportunities and Challenges Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Outline •  What Is the Issue? •  Case Study –
Total Information Awareness •  Process and Culture •  Case Study – Lewisite •  Just War Theory and International Humanitarian Law •  Ethical Theories •  Case Study – Synthetic Biology •  A Framework for Analysis •  Case Study – Agent Orange •  Conclusions Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

7/13/15 5 Observations •  Technology has profound effect on war
– and the institution of the military •  Technology and modes of conflict call into question •  Primacy of the state •  Assumption that war must be kinetic •  Perhaps even the definition of war •  Technology changes the sphere of battle •  Unmanned vehicles, directed energy weapons •  Today’s technologies challenge long held rules of war •  Autonomy, Cyber, Enhancements •  New technology may alter meaning of important concepts •  Honor, courage, loyalty – warrior ethos Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Our Goal We wish to increase consideration by policy makers
and research organizations of the ethical issues arising from the development and application of technology to military and intelligence operations. Our goal is to provide a framework for thinking and decision making about such issues. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

What DARPA Asked the National Academies To Do The Project
Statement of Task The National Academies will develop a consensus report on the topic of ethical, legal, and societal issues relating to research on, development, and use of increasingly globally accessible and rapidly changing technologies with potential military application, such as information technologies, synthetic biology, and nanotechnology. This report will articulate a framework for policy makers, institutions, and individual researchers to think about such issues as they relate to these technologies of military relevance and to the extent feasible make recommendations for how each of these groups should approach these considerations in their research activities. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

DARPA Commissioned National Research Council Study •  WILLIAM BALLHAUS, NAE,
The Aerospace Corporation (retired), Co- Chair •  JEAN-LOU CHAMEAU, NAE, California Institute of Technology, Co- Chair •  MARCUS FELDMAN, Stanford University •  BRAN FERREN, Applied Minds •  BARUCH FISCHHOFF, Carnegie Mellon University •  MICHAEL GAZZANIGA, University of California, Santa Barbara •  HANK GREELY, Stanford University •  MICHAEL IMPERIALE, University of Michigan Medical School •  ROBERT H. LATIFF, University of Notre Dame •  JAMES MOOR, Dartmouth College •  JONATHAN MORENO, University of Pennsylvania •  JOEL MOSES, Massachusetts Institute of Technology •  KENNETH OYE, Massachusetts Institute of Technology •  ELIZABETH RINDSKOPF PARKER, University of the Pacific, McGeorge School of Law •  SARAH SEWALL, Harvard University •  ALFRED SPECTOR, Google, Inc. •  JOHN H. TILELLI, JR., Cypress International, Inc. •  STEPHEN WARD, University of Wisconsin-Madison Study Director: •  HERBERT S. LIN, Chief Scientist, Computer Science and Telecommunications Board 7/13/15 8 Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Report Structure •  Framing the Issues •  Foundational Technologies • 
Application Domains •  Sources of ELSI Insight •  An Analytical Framework for Identifying Ethical, Legal, and Societal Issues •  Going Beyond Initial A Priori Analysis •  Mechanisms for Addressing ELSI Issues •  Findings and Recommendations Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Report Dissemination “Ahead of the Curve” Conference with senior government
officials and key committee members, University of Notre Dame, April 2014 Center for American Progress DOD Basic Research Office National Intelligence Science and Technology Committee “Ethics- DARPA Hard” Don Howard, InsideSources, 7 May 2014 UK Defence Academy Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Because we know how gunpowder works, we sigh for the
days before atomic bombs. But massacre is not prevented by gunpowder. The Thirty Years War is proof of that. Massacre is prevented by the scientist’s ethic, and the poet’s and every creator’s: that the end for which we work exists, and is judged, only by the means which we use to reach it. Jacob Bronowski Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Overarching Themes •  Technology and war are inextricably linked • 
War drives the development of technology •  Technology allows advances in war fighting •  The nature of war and weapons has changed •  Technology advances are accelerating, converging •  Many are dual use and readily available •  Ethical issues have arisen in the past Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

What Is the Issue? Introduc)on – What Is The Issue
– Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Technology and War – Past Introduc)on – What Is The
Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Technology and War – Current and Future Introduc)on – What
Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

While the development of weapons technologies has sometimes been accompanied
by ethical reflection, too often the ethical perspectives are naïve. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Technology and War – The Hope According to the Austrian
countess Bertha von Suttner, Alfred (Nobel) expressed his wish to produce material or a machine which would have such a devastating effect that war from then on, would be impossible. By the time of Gatling’s elderly years, his granddaughter, Mrs. Albert Newcombe, remembers . . . “He was a most peace-loving soul, and I remember that his reason for inventing that then-lethal gun, was to make war so horrible that it would end wars.” Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Sometimes There Are Genuine Moral Gains War Number of Bombs
Number of Aircraft CEP (in feet) World War II 9,070 3,024 3,300 Korea 1,100 550 1,000 Vietnam 176 44 400 Richard P. Hallion, Precision Guided Munitions and the New Era of Warfare. Air Power Studies Centre. APSC Paper Number 53. 1995. Increased Accuracy and Increased Lethality with greater discrimination and reduced collateral damage. This table looks at the case of trying to hit, with a hit probability of 90 per cent, a target measuring 60 x 100 feet using 2,000 pound unguided bombs dropped from medium altitude. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Our aim is to provide more sophisticated tools for ethical
analysis and reflection. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Rapid technology growth poses, by itself, an ethical challenge. Introduc)on
– What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Quantum Computing Synthetic biology
0 1000 2000 Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Change that is too rapid can be deeply divisive; if
only an elite can keep up, the rest of us will grow increasingly mystified about how the world works. We can understand natural biology, subtle as it is, because it holds still. But how will we ever be able to understand quantum computing or nanotechnology [or synthetic biology] if its subtlety keeps accelerating away from us? Constant technological revolution makes planning difficult, and a society that stops planning for the future is likely to become a brittle society. Stewart Brand. “Is Technology Moving Too Fast?” Time. June 19, 2000. Keeping Up With the Pace of Change Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Life Sciences and Medicine Engineering Computing Electronics Telecom- munications And
Technology Convergence Exacerbates this Problem Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Regulators having to regulate emerging technologies face a double-blind problem:
the effects of technology can’t be predicted until the technology is extensively deployed. Yet once deployed, they become entrenched and are difficult to change. David Collingridge. The Social Control of Technology. New York: St. Martin’s Press, 1980. Predicting the Arc of Technology Adoption Is Fraught 24 Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Who in 1960 Could Have Foreseen All of the Eventual
Uses for the Laser? Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Society Struggles To Keep Up 7/13/15 26 Adapted from: Larry
Downes. The Laws of Disruption: Harnessing the New Forces that Govern Life and Business in the Digital Age. New York: Basic Books, 2009. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

We Tend to Be Seduced by Technology 7/13/15 27 • 
The Allure •  It is exciting and promises something good •  Instant gratification •  It is about immediate benefit •  The illusion of objectivity •  Solving technical problems seems not to require subjective judgment •  The Dangers •  Addicting •  Tendency to overlook negatives •  Long term consequences largely ignored •  Downsides are an annoyance to be explained away •  Unknown consequences Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Mattis warns about the limitations of sophisticated weapons and communications.
They can be seductive, luring military planners into forgetting war’s unpredictable and risky nature, leaving troops vulnerable. In future wars, technical systems will be under attack and will go down, he said, so “We’re going to have to restore initiative” among small units and individual leaders. Gen (Ret) James Mattis Former Commander, Joint Forces Command John Dickerson. “A Marine General at War: Gen. James Mattis Thinks about When, and How, American Troops Should Put Their Lives at Risk.” Slate.com, April 22. 2010. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Technological Momentum •  New technology develops an inertia of its
own •  The technology evolves to be a primary actor •  Outside forces often force continuation of a project, once begun •  Fallacy of “sunk cost” •  Self-preservation of institutions •  Political interest •  Commercial interest Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

It was a misinterpretation of the lopsided military victory in
the 1991 Gulf war that gave rise to what would become the orthodoxy of the Revolution in Military Affairs, the belief that American military technological advantages would shift war fundamentally from the realm of uncertainty to the realm of certainty. The language was hubristic. The U.S. military would shock and awe opponents in the conduct of rapid decisive operations. War would be fast, cheap, and efficient. The warrior ethos is at risk because some continue to advocate simple, mainly technologically based solutions to the problem of future war, ignoring war’s very nature as a human and political activity that is fundamentally a contest of wills. Janine Davidson. “The Warrior Ethos at Risk: H.R. McMaster’s Remarkable Veterans Day Speech.” Defense in Depth. Council on Foreign Relations, November 18, 2014. Technology Hubris Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Some New Technologies of Concern Highlighted in the Report • 
Information Technology •  Synthetic Biology •  Neuroscience •  Robotics and Autonomous Systems •  Soldier Enhancements •  Cyber Weapons •  Non-Lethal Weapons Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Advantages of New Technologies •  Information Technology •  Better security,
consumer choice and access •  Synthetic Biology •  Potential for new functions and improved performance •  Neuroscience •  Promise of new therapies for brain injury •  Robots and Autonomous Systems •  Reduced risk to our warfighters •  Soldier Enhancements •  Provide tactical advantage, reduce our risk •  Cyber Warfare •  Potentially reduce harm, physical damage •  Non-Lethal Weapons •  Offer viable options in appropriate scenarios Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Potential Issues of Information Technology •  Insecurity of now-secure communications
•  Temptations to go beyond limits of software safety and reliability •  Inappropriate use of data mining by government and private industry •  Significant possibilities for loss of personal privacy and all the attendant consequences •  Information theft and nefarious use •  Frequently occurs •  Medical/genetic information Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Potential Issues of Synthetic Biology 7/13/15 34 •  Environmental and
safety risks •  Escape into environment •  Displacement of natural microbes •  Need for feedstock for production of biofuels may crowd out food production •  New adversary threats •  Production of neurotoxins •  Infectious virus resistant to vaccines and antiviral medications •  Humanity and the sanctity of life •  Ability to create life may lead to diminished respect for existing life •  More people able to engage in synthetic biology work •  Prediction of behavior is very hard •  Biological complexity is not well-understood •  Fundamental llawsz not fully or completely understood Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Potential Issues of Neuroscience •  Consent for use - military
or civilian rules •  Use by civilians - cost, access, self-incrimination, unreasonable search •  Use on adversaries - interrogation, brainwashing, calming •  Military to civilian transition •  Promotion based on enhanced capabilities •  Manipulation/Intervention - Effect on “human essence” •  Privacy of neuroscience data •  Cultural Effects - Danger of misuse of information •  Research Ethics - Consent, data, phenotypes, incidental findings •  Enhancement – effects of pharmaceuticals, implants Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Potential Issues of Robotics and Autonomous Weapons •  Raise or
lower the barrier for violence •  More or less humane than humans •  Complexity, unpredictability •  Legal, criminal responsibility •  Better or worse discrimination •  Uncertainty and risk of using autonomous systems (autonomous lethal force a major issue) •  Cost of Entry/Proliferation •  Moral agency •  Attribution, Accountability •  Human/robot team? Effect on squad cohesion •  Serious malfunction. Robots gone wild •  Possibility of capture, hacking, use against us Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Potential Issues of Soldier Enhancements •  Effect on unit cohesion
•  Effect on service commitment •  Enhanced soldiers status under international conventions •  Effect on society after soldier return •  Effect on human essence •  Safety of an enhancement prior to deployment •  Ability of soldiers meaningfully to object •  Risk to the individual against the military advantage accrued •  Reversibility •  Altered levels of fear and aggression •  Enhancement in absence of effort Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Potential Issues of Cyber Warfare * •  New kinds of
harm (nonphysical harms) from new weapons •  Economic, Digital, Informational •  Degree of certainty in attribution needed for response •  Responsibility of victim to take precautions to limit damage •  Possible loss of control for weapons that escape and cause harm on wider scale than intended •  Difficulty distinguishing between exploitation and attack •  Great opportunity for misperception Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Potential Issues of Non-Lethal Systems •  Some are instantaneous, zero-time-of-flight
•  Reduced danger could increase potential for use •  Increased propensity toward use of force •  Could embolden adversaries •  “Non-lethality” may encourage lax control of force application •  “In-addition-to” vs. “instead-of lethal” force •  Undetectable harm may encourage use as punishment •  Non-lethal weapons as a means of torture Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Past Weapons Technology and Ethics Issues •  Crossbow versus Longbow
•  Chemical warfare •  Biological Warfare •  Nuclear Weapons Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Ethical Concerns with S&T Are Not New •  1946 Nuremberg
trials •  1955 the Russell-Einstein manifesto addressed the dangers of nuclear war •  1964 the Declaration of Helsinki, ethical principles for medical human subjects research •  1972 Biological Weapons Convention •  1974, the Paramountcy clause , safety, health, and welfare and environmental protection in engineering ethics •  1978 Belmont report on the Protection of Human Subjects in Biomedical and Behavioral Research •  1983, the U.S. Catholic Bishops’ Pastoral Letter on nuclear war •  Late 1980s Human Genome Project •  1993 Chemical Weapons Convention •  2001 National Nanotechnology Initiative, funding for ELSI research •  2005, the National Council of Churches open letter, “God’s Earth is Sacred” •  2009, the National Academies third edition of On Being a Scientist, specifies sensitivity to impact on society Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

U.S. Policy on Technological Superiority •  We will transform the
Armed Forces “in stride” – fielding new capabilities and adopting new operational concepts while actively taking the fight to terrorists. Transformation requires a combination of technology, intellect and cultural adjustments – adjustments that reward innovation and creativity. The Chairman of the Joint Chiefs of Staff. The National Military Strategy of the United States: A Strategy for Today; A Vision for Tomorrow. 2004. •  Finally, in adjusting our strategy and attendant force size, the Department will make every effort to maintain an adequate industrial base and our investment in science and technology. Department of Defense. Sustaining US Global Leadership: Priorities for 21st Century Defense. January, 2012. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

U.S. Policy on Technological Superiority •  The United States came
out of the Cold War, and demonstrated in the first Persian Gulf War, a very significant superiority in military technology. And we’ve sort of had an assumption [during] the last 20-plus years that that {American] technological superiority would be a fact of life in the world.” Kendall reiterated how important he believes research and development is to maintaining DOD’s edge in technological superiority. “It’s critical to the department, it’s critical to our future. [Frank Kendall, Undersecretary of Defense for Acquisition, Technology and Logistics]. Army Sgt. 1st Class Tyrone C. Marshall Jr. “Military Technological Superiority Not Assured,” American Forces Press Service, Washington, January 17, 2014. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Ethical Implications of Policy of Technology Superiority •  The policy
of seeking technological military superiority may have ethical implications including •  Weapons must conform to the laws of war, but since technology often outstrips the laws of war, they may not be much of a constraint •  Technological superiority may provide transient rather than long-lasting advantage as adversaries learn to counter them •  Adversaries, both real and potential, react to introduction of new U.S. military technologies •  Use of technologies may deter adversaries from taking hostile actions against U.S. interests •  May cause adversaries to seek the technologies for their own use •  May cause them to seek to counter the advantages conferred by U.S. use Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Ethical Implications of Policy of Technology Superiority •  Enduring advantages
can be secured only by committing to constant re- investment in technology •  The first user of a weapon or technology often sets precedents that other nations follow •  Such precedents may be the initial seeds out of which international law and rules governing such use can grow •  Presumptions of technological superiority may deflect attention from consideration of ethical, legal, and moral issues •  The prospect of reciprocal use has historically been a spur for reflection on the ethical implications of military technologies •  Asymmetric advantage has historically had the effect of deferring and diffusing ethical deliberation Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Frequently Heard Arguments against Engaging with Ethics •  Adversaries are
unethical, so ethics should not be a constraint in using advanced weaponry against them •  Adversaries will pursue all technological opportunities that serve their interests. If the we don’t do likewise we’ll be at a military disadvantage •  We don’t know the significance of a technology,, so we must work on it to understand its implications, and we would be unwise to give up on it too soon •  Consideration of ethical, legal, and societal issues will slow the innovation process to an unacceptable degree •  Research on and development of defensive technologies and applications is morally justified, whereas work on offensive technologies is morally suspect Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  Adversaries are unethical, so ethics should not be a
constraint in using advanced weaponry against them •  Response: The US has publicly committed to abide by certain treaties and by constraints embodied in domestic law that criminalizes violations of the Geneva conventions by the U.S. armed forces •  Adversaries will pursue all technological opportunities that serve their interests. If the we don’t do likewise we’ll be at a military disadvantage •  Response: There is a big difference between the possibility that a technology could provide military advantages and a clear demonstration that it does. It may make sense to separate decisions about exploring a technology (a preliminary step) from decisions based on demonstrating how it can be used to confer military advantages (a more decisive step), and to make such decisions separately Frequently Heard Arguments against Engaging with Ethics Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  We don’t know the significance of a technology, so
we must work on it to understand its implications, and we would be unwise to give up on it too soon •  Response: This argument poses a false choice between cessation of all investigatory work and proceeding to work without any constraints at all. There are a variety of choices available in between, the most significant of which is something along the lines of “proceed, but carefully” •  Consideration of ethical, legal, and societal issues will slow the innovation process to an unacceptable degree •  Response: Although true in some cases, it is not necessarily true in all. Also, a small slowdown in the process up front may in fact be worth the cost if it helps to prevent a subsequent explosion of concern that takes program managers by surprise Frequently Heard Arguments against Engaging with Ethics Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  Research on and development of defensive technologies and applications
is morally justified, whereas work on offensive technologies is morally suspect •  Response: The categories of “offensive” and “defensive” technologies are not conceptually clear, because offensive technology can be used for defensive purposes, and vice versa Frequently Heard Arguments against Engaging with Ethics Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

CIA, Center for the Study of Intelligence Elshtain is careful
to note that the presence of a just cause for action against terrorists cannot justify a regression to the standards and practices employed by the terrorists. Societies tempted to behave savagely in response to savagery ultimately betray themselves, and in the process reinforce the moral symmetry advanced by relativists. The good seeks justice, she argues, not revenge, and just societies discipline themselves to inflict violence without hatred. Citing Dietrich Bonhoeffer, Elshtain argues that the civilized world’s reaction to barbarism must be to chart a course between “corrupt inaction and action motivated by revenge.” Jean Bethke Elshtain. Just War in the Age of Terror. New York: Basic Books, 2003. William Nolte. “Just War, Ethics, and Terror. Intelligence In Recent Public Literature.” Studies in Intelligence 48:4. 2004. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

If one assumes that one of the purposes of terrorists
(and anarchists and other nihilistic movements) is to force their enemies into overreaction, Ignatieff’s cautionary notes are worth heeding. Why address the human rights of people who would deprive us of ours? First, because the liberal, industrial societies, while vulnerable in any number of ways, are also extraordinarily resilient. Resilient enough, and strong enough, for instance, to acknowledge the human rights of even the worst humans. And second, because to do otherwise destroys our trump in the war against nihilism: that we do hold to a higher, better, and more humane set of standards for human conduct. Michael Ignatieff. The Lesser Evil: Political Ethics in the Age of Terror. Princeton, NJ: Princeton University Press, 2004. William Nolte. “Just War, Ethics, and Terror. Intelligence In Recent Public Literature.” Studies in Intelligence 48:4. 2004. CIA, Center for the Study of Intelligence Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Changing Nature of Conflict •  From •  Set-piece battles • 
Army versus army •  To •  Guerilla warfare •  Insurgency •  Humanitarian intervention •  Civil war •  Terror •  Asymmetric conflict Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

7/13/15 53 Changing Nature of Conflict •  Law of armed
conflict (LOAC) based on “nation states” as primary actors •  Non-state actors and failed states pose major security threats today •  But, recent resurgence of more classic adversaries •  Rapid technology evolution outpaces rate of change in LOAC, or any •  legal regime •  Asymmetrical warfare •  Inherent advantage in technology •  Adversaries may take advantage of constraints imposed by our adherence to LOAC •  Feel justified in using any means necessary •  Volunteer service in the armed forces •  Civilians have little basis for making ethical judgments in a military context •  Voluntary service may be ethically different from conscripted service Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Examples of Changing U.S. Engagements •  Viet Nam – U.S.
classic approach versus North Viet Nam guerilla war •  Bosnia – humanitarian intervention •  First Gulf War – U.S. classic military action •  Iraq- no fly zones •  Iraq – counter-insurgency •  Afghanistan – eliminating bases for terror operations, nation building, trans- border conflict •  War on Terror – special operations Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Case Study: Total Information Awareness Introduc)on – What Is The

Basic Facts •  In aftermath of 9/11, enormous pressure to
“connect the dots” of intelligence data. •  Post-mortem indicated that much of the data needed to prevent the attack was in multiple databases. •  Data, standing alone, was not sensitive, but when combined revealed a pattern of a person’s activity. •  Data was generally collected by non-government, commercial entities and thus was not protected by the 4th Amendment. •  Ill-considered choice of Poindexter as manager. •  Program was legal, but crossed boundaries previously un-encountered. •  The all-seeing eye logo was just plain creepy. •  Evidence-gathering limits not useful. •  Surveillance law limits only data collection, not inferencing power. •  Government constrained today only by inferencing capability. •  Program killed by congress in 2003 because of public outcry. •  DARPA recognized the privacy implications of TIA. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Consequences •  TIA was terminated by Congress in 2003. • 
Poindexter resigned. •  Elements of the program were moved into the classified intelligence budget. •  Many of the elements of TIA exist in other forms today. •  Therefore, concerns about misuse and inaccurate information remain. •  When TIA killed, a casualty was DARPA-sponsored privacy enhancement research. •  TIA raised the level of public cynicism about and mistrust of government. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

The various outcomes of the TIA debate raise the question
of whether the nature of the debate over the program (if not the outcome) could have been any different if policy makers had addressed in advance some of the difficult questions that the program raised. In particular, it is interesting to consider . . . effectiveness, consistency with U.S. laws and values, and possible development of new laws and practices. National Research Council. Committee on Technical and Privacy Dimensions of Information for Terrorism Prevention and Other National Goals. Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Program Assessment. Washington, DC: National Academies Press, 2008. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Questions •  What civil liberties issues are raised by TIA?
•  Do you think that TIA was an appropriate reaction or an overreaction to the events of 9/11? •  Who are the stakeholders? •  What is the nature of the harm? •  What would be the results of technological imperfections? •  Would there have been unintended consequences of the work? Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Ross W. Bellaby. The Ethics of Intelligence: A New Framework.
New York: Routledge, 2014. Elliot D. Cohen. Mass Surveillance and State Control: The Total Information Awareness Project. London and New York: Palgrave-Macmillan, 2010. National Research Council. Committee on Technical and Privacy Dimensions of Information for Terrorism Prevention and Other National Goals. Protecting Individual Privacy in the Struggle Against Terrorists: A Framework for Program Assessment. Washington, DC: National Academies Press, 2008. Newton Lee. Counterterroism and Cybersecurity: Total Information Awareness, 2nd ed. New York: Springer, 2015. For More Information Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Process and Culture Introduc)on – What Is The Issue –
Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

What We Do, and Why Do We Do It? • 
Advance the state of science and technology •  Make the nation safe and secure •  Develop tools necessary to insure warfighter success •  High priorities, especially in time of war Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

There is a moral impulse at work here. Introduc)on –
What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Military Services Share Many Core Values •  Army •  Loyalty,
duty, respect, service, honor, integrity •  Navy and Marines •  Honor, courage, commitment •  Air Force •  Integrity, service, excellence Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Pressures •  Interests of many stakeholders must be satisfied • 
Warfighter must have the best equipment •  Must insure U.S. superiority •  Technology must advance •  Program cannot fail, be over budget, or behind schedule •  Corporation’s existence depends on success •  People’s jobs are at stake •  “Failure is not an option” Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Examples of Urgent Military Needs Introduc)on – What Is The

The existence of a large-scale research, development, and acquisition institutional
infrastructure demands constant input. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

War and Rapidly Rising Budgets Create Immense Pressure to Execute
Funds Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Intense Competition Sometimes Produces Industry Consolidation Introduc)on – What Is
The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Research and Development Production Deployment Research and Development Production Deployment
Technology Push Warfighter Pull Identify Potential Need? Expressed Warfighter Need Two Paths to Weapons Development Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

But Many Opportunities to Ask Hard Questions about Weapons Technology
Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Ethics in Weapons Research, Development, and Acquisition •  All participants
share responsibility to consider ethical implications of their work •  On the one hand, in the early stages of research and development, the likely issues are less clear •  On the other, the early stages are also optimal times to effect change •  As technology matures, possible applications emerge, posing new challenges •  Technology may ultimately be used for other than its original purpose Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Legal Review Necessary, But Insufficient Article 36 – New weapons
In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party. The Relationship between Law and Ethics Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  Law and ethics are not the same •  Many
laws arose out of ethical prescriptions •  But there are some instances where legal acts can be unethical, and also times when an ethical act is considered as illegal •  Any legal act is applicable to all people in a society that implements a particular set of laws •  On the other hand, many ethical acts are considered to be voluntary and personal acts based on an individual’s beliefs about right and wrong The Relationship between Law and Ethics Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

The Relationship between Risk Analysis and Ethics •  Often substitute
purely monetary cost/benefit analysis •  Risk and cost/benefit analysis are not the same •  Ethics is relevant to risk analysis with respect to •  Which impacts should be considered (e.g., Does the environment have standing?) •  How each impact should be measured •  How different outcomes should be weighted •  Consider also the precautionary principle, simple prudence, or pragmatism •  The precautionary principle asserts: If there is a chance of harmful, unintended consequences, do not act Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Why Should We Care About Ethics? •  Because It’s Right
Thing to Do •  Public Perception •  To Keep Us out of Trouble •  Enhances the research agenda •  Makes Our Jobs Easier But . . . Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

7/13/15 77 Many scientists and engineers (not to mention military
personnel) tend to view the wider public’s concern with ‘ethics’ as misplaced, and regard the invocation of ‘ethics’ in these contexts as little more than a pretext for technologically and scientifically illiterate, fear-mongering, nay-saying Luddites who simply wish to impede the progress of science and technology. George R. Lucas. “Legal and Ethical Precepts Governing Emerging Military Technologies: Research and Use.” Amsterdam Law Forum 6:1 (2014), 24. We’re not doing ourselves any favors by this approach . . . Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

7/13/15 78 Issue – Public Perception DARPA's New Mind-Reading Binoculars
Are Scary-Efficient At Identifying Enemies The Huffington Post | By Betsy Isaacson Posted: 09/22/2012 2:57 pm Updated: 09/22/2012 3:01 pm DANGER ROOM What’s Next in National Security Pentagon Looks to Breed Immortal ‘Synthetic Organisms,’ Molecular Kill-Switch Included KATIE DRUMMOND 02.05.10 | 9:42 AM | PERMALINK Could The HAARP Project Be For Mind Control? by Nicholas Jones, [email protected] Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Case Study: Lewisite Introduc)on – What Is The Issue –

•  An organoarsenate blister agent first synthesized in 1904 Ph.D.
dissertation research by future Notre Dame professor, Father Julius Nieuwland, at Catholic University. So toxic that Nieuwland is hospitalized as a result of exposure. •  Rushed into development in late 1917 and early 1918 to counter German poison gas capabilities. •  Weaponization begun by Dr. Winford Lee Lewis at Catholic University in 1918, with further development work at American University. Research also in Germany and Great Britain. •  Industrial scale production through end of 1918 at plant in Willoughby, Ohio, just outside of Cleveland, under the direction of James Bryant Conant. Nicknamed “The Dew of Death.” •  Weak oversight and supervision, partly because organization and command of military chemical weapons R&D was in flux before final establishment of Chemical Warfare Service. Basic Facts Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Basic Facts •  Rapid industrialization of the manufacturing process
led to many accidental exposures and workplace contamination. •  Health effects include severe blistering of skin, shock from dramatic blood pressure decrease, suffocation, and chronic respiratory disease. •  Full range of health effects not well known due to a lack of serious scientific study. •  20,000 tons produced in US during WWII at Rocky Mountain, Pine Bluff, and Huntsville Arsenals. Nearly 23,000 tons manufactured in Soviet Union. Also manufactured in Japan for use in China during WWII. Often mixed with mustard gas. •  Human trials conducted in US with “volunteer” subjects from the US Army. •  Reported use by Saddam Hussein against Iran in the Iran-Iraq War, in the 1980s, and against Kurdish insurgents. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  Sir Rudolph Peters develops antidote BAL (Brisith anti-Lewisite) at
Oxford in 1940. Later proves to be one of the most effective chelating agents for removing heavy metal contamination. •  Serious contamination of testing grounds at the American University Experimental Station, with new contamination discovered in 1990s after area developed as Spring Valley residential neighborhood. Residents displayed increased incidence of cancers, blood, and thyroid diseases. •  Continuing serious contamination in formerly Japanese occupied areas of China, with fatal exposure as recently as 2003. •  Extensive contamination of unremediated land and water sites in Russia. •  Post-WWII disposal of Lewisite in deep-ocean sites by the US. Soviet Union dumps most of its stockpile in shallow-ocean sites. Unknown environmental consequences. •  Lewisite waste at US arsenals contained in earthen-capped basis. Rocky Mountain Arsenal alone has more than 1,000 tons of Lewisite waste. •  1929 Geneva Protocol banned the use of asphyxiating, poisonous, or other gases, and of bacteriological methods of warfare. Consequences Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  What, if any, were Father Nieuwland’s responsibilities once it
became clear that his discovery was being weaponized? •  What should Bryant have done? •  What would have been the opportunities for commanders and staff to raise ethical concerns? •  Should there have been a role for congressional oversight or for some other type of independent oversight authority? •  Compare the public mood in the U.S. in WWI, WWII, and post-9/11 from the point of view of the felt urgency of weapons technology development. How does this put pressure on our ability to reflect upon the ethical issues? •  What are the fundamental ethical questions about the use of incapacitating chemical agents in warfare? Ques)ons Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Constance M. Pechura and David P. Rall, eds. Veterans at
Risk: The Health Effects of Mustard Gas and Lewisite. Washington, DC: National Academy Press, 1993. Joel A. Vilensky. Dew of Death: The Story of Lewisite, America’s World War I Weapon of Mass Destruction. Bloomington, IN: Indiana University Press, 2005. For More Information Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Just War Theory and International Humanitarian Law Introduc)on – What
Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Historical Basis of Just War Theory •  Jewish •  Deuteronomy
20:19-20 •  Supplement by Nachmanides to Maimonides’ Book of Commandments Positive Commandment #4 •  Islamic •  Qur’an, 16:126 •  Caliph, Abu Bakr •  Indian Scripture •  The Mahabharata Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Philosophical and Theological Foundations of Codified Just War Theory • 
Augustine (354-430) •  “But, say they, the wise man will wage just wars. As if he would not all the rather lament the necessity of just wars, if he remembers that he is a man; for if they were not just he would not wage them, and would therefore be delivered from all wars.” City of God, XIX.7 •  Aquinas (1225-1274) •  Proper authority •  Just cause •  Rightful intention Summa Theologica, II.2.40 Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Formalizing Just War Theory: The 17th Century – Hugo Grotius
“Throughout the Christian world I observed a lack of restraint in relation to war, such as even barbarous races should be ashamed of; I observed that men rush to arms for slight causes, or no cause at all, and that when arms have once been taken up there is no longer any respect for law, divine or human” On the Law of War and Peace (1625) •  Book I advances his conception of war and of natural justice, arguing that there are some circumstances in which war is justifiable •  Book II identifies three ‘just causes’ for war: self-defense, reparation of injury, and punishment •  Book III takes up the question of what rules govern the conduct of war once it has begun Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Implementations of Just War Theory: 19th Century •  Lieber Code
•  St Petersburg Declaration Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Lieber Code (1863) Francis Lieber, LL.D. Instructions for the Government
of Armies of the United States in the Field. Promulgated as General Orders No. 100 by President Lincoln, 24 April 1863. Section I. Martial Law – Military jurisdiction – Military necessity – Retaliation. Section II. Public and private property of the enemy Protection of persons, and especially of women, of religion, the arts and sciences Punishment of crimes against the inhabitants of hostile countries Section III. Deserters – Prisoners of war – Hostages – Booty on the battlefield Section IV. Partisans – Armed enemies not belonging to the hostile army Scouts- Armed prowlers – War-rebels Section V. Safe-conduct – Spies – War-traitors Captured messengers – Abuse of the flag of truce Section VI. Exchange of prisoners – Flags of truce – Flags of protection Section VII. The Parole Section VIII. Armistice – Capitulation Section IX. Assassination Section X. Insurrection – Civil War – Rebellion Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Renouncing the Use, in Time of War, of Explosive Projectiles
under 400 Grammes Weight •  Succeeded the First Geneva Convention of 1864. It was a predecessor of the well-known Hague Conventions of 1899 and 1907 •  Delegates affirmed that the only legitimate object of war should be to weaken the military force of the enemy, which could be sufficiently accomplished by the employment of highly destructive weapons. •  Delegates agreed to prohibit the use of less deadly explosives that might merely injure the combatants and thereby create prolonged suffering of such combatants. St. Petersburg Declara)on (1868) Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

International Laws •  Hague Convention •  Geneva Conventions •  Chemical
Weapon Convention •  Biological Weapon Convention •  Land Mines, Blinding Lasers •  Autonomous Weapons? Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

The Hague Convention of 1899 •  Convention for the Pacific
Settlement of International Disputes •  Convention with Respect to the Laws and Customs of War on Land •  Convention for the Adaption to Maritime Warfare of the Principles of the Geneva Convention of 22 August 1864 •  Declaration Concerning the Prohibition of the Discharge of projectiles and explosives from Balloons •  Declaration Concerning the Prohibition of the Use of Projectiles with the Sole Object to Spread Asphyxiating Poisonous Gases •  Declaration Concerning the Prohibition of the Use of Bullets which Can Easily Expand Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Hague Convention of 1907 •  The Pacific Settlement of International
Disputes •  Limitation of the Employment of Force for Recovery of Contract Debts •  The Opening of Hostilities •  Respecting the Laws and Customs of War on Land •  Rights and Duties of Neutral Powers and Persons in War on Land •  Legal Position of Enemy Merchant Ships at the Start of Hostilities •  Conversion of Merchant Ships into War-ships •  Laying of Automatic Submarine Contact Mines •  Bombardment by Naval Forces in Time of War •  Adaptation to Maritime Warfare of the Geneva Convention (of 1906) •  Restrictions on the Exercise of the Right of Capture in Naval War •  Rights and Duties of Neutral Powers in Naval War •  Prohibiting the Discharge of Projectiles and Explosives from Balloons Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Geneva Conventions •  Convention for the Amelioration of the Condition
of the Wounded and Sick in Armed Force adopted in 1864 •  Significantly revised,1906 and 1929. Replaced by the First Geneva Convention of 1949 •  Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea adopted in 1906 •  Significantly revised, replaced by the Second Geneva Convention of 1949 •  The Geneva Convention relative to the Treatment of Prisoners of War adopted in 1929 •  Significantly revised, replaced by the Third Geneva Convention of 1949 •  The Fourth Geneva Convention on Protection of Civilian Persons in Time of War was adopted in 1949 •  Entire set of four is referred to as the "Geneva Conventions of 1949" or simply the “Geneva Conventions” •  Treaties of 1949 were ratified, in whole or with reservations, by 196 countries. . Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Geneva Conventions •  Additional Protocols •  Protocol I (1977) Relating
to the Protection of Victims of International Armed Conflicts •  Protocol II (1977) Relating to the Protection of Victims of Non- International Armed Conflicts •  Protocol III (2005) Relating to the Adoption of an Additional Distinctive Emblem Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Continuing Evolution of Laws of Armed Conflict •  Protocol I:
Non-Detectable Fragments •  Protocol II: Mines, Booby Traps, and Other Devices •  Protocol III: Incendiary Weapons •  Protocol IV: Blinding Laser Weapons •  Protocol V: Explosive Remnants of War Convention on Prohibitions or Restrictions on Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (2001) Also known as the Inhumane Weapons Convention Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Concepts of Just War Theory •  Jus Ad Bellum • 
Just cause •  Comparative justice •  Competent authority •  Right intention •  Probability of success •  Last resort •  Proportionality Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Concepts of Just War Theory •  Jus In Bello • 
Distinction •  Proportionality •  Military necessity •  Fair treatment of prisoners of war •  No means malum in se Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Frameworks for Ethical Reflection Introduc)on – What Is The Issue

Ethical Frameworks •  Deontology •  Consequentialism •  Virtue ethics • 
Religious beliefs Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Deontology •  Judge only in accordance with a universalizable rule
•  Proper intention is crucial •  Problems: •  Not every contingency is covered by a rule •  Limited role for emotion and affect Immanuel Kant (1724-1804) Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Consequentialism •  Judge only on the basis of consequences • 
Sum of happiness and suffering •  Problems: •  Whose happiness and suffering? •  Calculational intractability •  Lack of objective metrics John Stuart Mill (1806-1873) Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Virtue Ethics •  Acting in accordance with virtues, which are
settled habits of action or dispositions to act, aiming at the good •  Action modeled on moral exemplars •  Problems: •  Relative to context and culture •  Explicit justification need not precede action Aristotle (344 BCE-322 BCE) Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Religious Beliefs •  The Decalogue •  The Noble Eightfold Path
•  Qur’anic Ethics – Sura Al Isra •  Problems: •  Dogmatic •  Local to individual religious traditions Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

The ethicist should critically appraise the claims on the desirability
of the technology. Rather than using those claims on benefit as a starting point for passing ethical judgment, the ethicist should assess the assumptions on which they seem plausible. Such claims presuppose an allegedly shared morality; the ethicist’s task now is to look for potential controversies on the desirability of the technology at hand. By making explicit which values and moral justifications are embedded in expectations and analyzing which values are implied by the current practices and ideals of different stakeholders, the ethicist can discover some not-yet-expressed ethical controversies. Federica Lucivero, Tsjalling Swierstra, and Marianne Boenink. “Assessing Expectations: Towards a Toolbox for an Ethics of Emerging Technologies.” Nanoethics 5 (2011),129–141. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Case Study: Synthetic Biology Paul Berg (1926-‐
) Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  In 1974, Stanford biochemist, Paul Berg, developed a technique
for inserting bits of SV40 monkey virus DNA into a bacteriophage, which would then be inserted into an E. coli host. •  But worries about the carcinogenic potential of SV40 and the viability of the lab strain of E. coli in human intestines led Berg to defer the final insertion into the E. coli host and many other labs imposed voluntary moratoria on such research. •  In February 1975, a conference of leading recombinant DNA researchers was held at Asilomar to weigh the risks. Basic Facts Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  The Asilomar conference participants promulgated guidelines for future recombinant
DNA research that included principles such as: •  Containment is necessary and the level of containment should match the risk. •  Biological barriers should be employed, such as host organisms that are not viable outside the lab and vectors viable only in the designated hosts. •  Education of personnel and strict adherence to best practice standards. •  Asilomar example guides practice today well beyond the original area of research. Basic Facts Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  So-called “gain-of-function” (GoF) experiments have recently raised new concerns
about the balance between risk and new knowledge in microbiological research, as with debates about engineering mammalian transmissibility in the H5N1 virus. •  Proponents point to benefits for both public health and national security from the understanding of either natural mutation or deliberate manipulation producing new functional capabilities in viral hosts. •  Critics point to the risk of infection, including even epidemics in populations without immunity, from possible failures in containment. •  US government has paused all funding for GoF experiments with influenza, SARS, and MERS viruses pending a thorough review of procedures. Basic Facts Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  Under what circumstances are moratoria on research warranted? • 
How do we balance the value of new knowledge against the risks posed by the research? •  Are alternative research paths available? •  Should decisions to pause research be made by the individual researchers, the research community, or by the government? •  If the latter, should such decisions be left to relevant individual agencies or should there be congressional, judicial, or executive involvement? Ques)ons Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Committee on Science, Technology, and Law Policy and Global Affairs,
National Academy of Engineering. Positioning Synthetic Biology to Meet the Challenges of the 21st Century. Washington, DC: National Academies Press, 2013. Donald S. Fredrickson. The Recombinant DNA Controversy: A Memoir. Science, Politics, and the Public Interest 1974-1981. Washington, DC: ASM Press, 2001. Errol C. Friedberg. A Biography of Paul Berg: The Recombinant DNA Controversy Revisited. Singapore: World Scientific, 2014. The National Academies Keck Futures Initiative. Synthetic Biology: Building on Nature’s Inspiration. Washington, DC: National Academies Press, 2010. National Research Council and Institute of Medicine. Potential Risks and Benefits of Gain-of-Function Research: Summary of a Workshop. Washington, DC: National Academies Press, 2015. For More Informa)on Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

A Framework for Analysis Introduc)on – What Is The Issue

A Framework for Analysis •  Stakeholders •  Those Involved in
or Connected to the Conduct of Research •  Users of an Application •  Adversaries •  Nonmilitary Users •  Organizations •  Noncombatants •  Other Nations •  Crosscutting Themes •  Scale •  Humanity •  Technological Imperfections •  Unanticipated Military Use •  Crossovers to Civilian Us •  Changing Ethical Standard •  ELSI Considerations in a Classified Environment •  Opportunity Costs •  Sources of ELSI Insight Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Some Stakeholders and Illustrative Questions 7/13/15 115 •  Subjects of
research •  How far does the consent requirement extend to members of the all- volunteer armed forces? •  Military users of a technology or application •  Difficulty of use; physical or mental impacts to user •  Nonmilitary users •  How will law enforcement uses of an application implicate ELSI issues? •  Organizations •  How might an application affect unit cohesion? •  Noncombatants •  How might the public at large perceive an application? •  Other nations •  How might an application affect the solidarity of allies with the United States? •  How might U.S. restraint (or lack of) affect other nations`activity? Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Subjects of Research Introduc)on – What Is The Issue –

Military Users of a Technology Introduc)on – What Is The

Other Nations •  Areas of past differences with allies • 
Genetically Modified Foods •  Patent Law •  Privacy Laws •  Air Traffic Controls •  Opposing cultural traditions •  Concepts of vengeance Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Some Cross-cutting Themes and Illustrative Questions •  Scale •  How
could a change in the scale of deployment or use of a technology or application change an ethical calculation? •  Humanity •  Does the research or application compromise something essentially human? •  Technological Imperfections •  What, if any, are the tradeoffs between an application’s functionality or use and the safety requirements imposed on it? •  Unanticipated Military Use •  What military uses are possible for the application or technology in question that go beyond the stated concepts of operation? What are the ELSI implications of such uses? Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Some Cross-cutting Themes and Illustrative Questions •  Crossovers to Civilian
Use •  How fast should such military-to-civilian transfers of applications be made? What safeguards should be put into place before they are made? How should such safeguards vary with the technology involved? •  Changing Ethical Standard •  How does a new application create new ethical obligations to use it in preference to older applications addressing similar problems that may raise ELSI concerns to a greater extent? •  ELSI Considerations in a Classified Environment •  How can research in a classified environment be reviewed for ELSI purposes? Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Some Cross-cutting Themes and Illustrative Questions •  Opportunity Costs • 
How and to what extent does U.S. military effort in a selected R&D problem domain signal to adversaries that this domain may be a promising one for military applications Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Where Will We Be On the Spectrum? •  When does
a human cease to be “human”? Does he/she? •  When can a machine be called “human”? Can it? •  How far should the research push these ideas? Human Robot “Cyborg” Intelligent Machine Enhancement Autonomous Systems Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Humanity Shannon French. Code of the Warrior: Exploring Warrior Values
Past and Present. Lanham, MD: Rowman and Littlefield, 2003. •  The technology of war may have an impact on the soldier’s sense of humanity •  Soldier’s “warrior’s code”—a code of values—about what is right and wrong in combat is the shield that guards their humanity •  Sense of humanity is endangered by excessive distancing in war, dehumanization of the enemy, and the erosion of traditional warrior values. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Technological Imperfections •  Possible lethality of non lethal weapons • 
Imperfect software reliability •  Complex adaptive behavior Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Unanticipated Military Uses •  Historical •  Steam engine •  Radio
•  Contemporary •  Internet •  Non lethal weapons •  Non Lethal weapons as a means of torture Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Classified Environments •  Basic research is largely unclassified •  Specific
applications are sensitive •  As are details of performance •  Classification is inadequate as a rationale NOT to consider ethics •  Classified research is not subject to open peer review •  thus those doing the research cannot benefit from input and criticism from the broad scientific community •  Limiting such input increases the likelihood that erroneous or incomplete results obtained in classified research will not be identified as quickly Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Sources of insight 7/13/15 127 •  Philosophical and disciplinary ethics;
•  On what basis can the benefits and costs (in a broad sense) of any given research effort be determined and weighed against each other? •  International law (related especially to the laws of armed conflict); •  What might be the impact on policy makers regarding their willingness to resort to the use of force? •  Social and behavioral sciences; •  How, if at all, do scenarios for use implicate values and norms held by users? By adversaries? By observers? •  Scientific and technological framing; •  How and to what extent, if any, are known ethical, legal, and societal issues related to uncertainties in the underlying science or maturity of the technology? •  The precautionary principle and cost-benefit analysis; •  How and to what extent, if any, can ELSI-related tensions between cost- benefit analysis and the precautionary principle be reconciled? •  Risk science and communication. •  How can technology developers communicate with the public to reveal concerns early in the development process? Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Individual Disciplines Have Ethical Codes Introduc)on – What Is The

Social and Behavioral Sciences •  Sociology and Anthropology •  Cultural
difference •  Psychology •  Decision sciences, psychology of risk •  Group behavior •  Political psychology •  Human systems integration Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Technological Framing •  Non-linear behavior •  Distinction between deterministic and
stochastic systems •  Emergent behavior •  Adequacy of modeling Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Considering Cost-Benefit Analysis And The Precautionary Principle •  Ethical questions:
•  How and to what extent, can ELSI-related tensions between cost-benefit analysis and the precautionary principle be reconciled in any given research effort? •  If a cost-benefit approach is adopted, how will intangible costs and benefits of a research effort be taken into account? •  If a precautionary approach is adopted, what level of risk must be posed by a research effort before precautionary actions are required? Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Risk Communication Is Crucial •  Identify information regarding context and
scientific background that is most critical to members of the audience for making the decisions that they face •  Identify audience members’ current beliefs, including the terms they use and their organizing mental models •  Design messages that close the critical gaps between what people know and what they need to know •  Evaluate those messages until audiences reach acceptable levels understanding •  Develop in advance multiple channels of communication to the relevant audiences •  Disclose problematic ethical, legal, and societal issues earlier rather than later •  Ensure that messages reach intended audiences in prompt and timely fashion. Messages will be less effective if audience members have already formed their opinions •  Persist in such public engagements even over long periods of time. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Going Beyond Initial A Priori Analysis •  Unanticipated Impacts • 
Limits of A Priori Analysis •  The Limited Utility of Technology Forecasting •  Sources of Uncertainty in Technology Forecasting •  Quick response to unanticipated issues is enhanced by addressing in advance a wide variety of identified issues •  Provides building blocks upon which responses to unanticipated ESLI issues can be crafted. •  Obtain a broad range of perspectives and possible stakeholders to get more information, enhance legitimacy •  Plan to adjust in midcourse Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

What To Do? •  Broadening Predictive Analysis of Ethical, Legal,
and Societal Issues •  Use of Deliberative Processes •  Anticipatory Governance •  Adaptive Planning Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Deliberative Processes •  Complement to analytical, expert-driven mode of inquiry
•  Broad participation of all stakeholders •  Only as consistent with achievement of mission objectives •  Relevant wisdom not limited to scientific specialists and public officials •  Broad stakeholder participation may decrease conflict and increase acceptance and trust Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Anticipatory Governance •  Different from standard technology forecasting •  Treats
ethical and values issues as integral •  Not as a post-R&D consideration •  Presumes there are ethical and value issues that are resolved—whether explicitly, implicitly, or by default— in the doing of the R&D •  selecting a research direction and research procedures, •  deciding what counts as a significant finding, •  examining or ignoring what benefits or harms might accrue and to whom, •  Must identify value dimensions in all phases of research to determine consequences •  Benefits or harms •  Social equities or inequities •  Does not require prediction of R&D consequences to proceed ethically •  Instead, R&D managers have a responsibility to be aware of ELSI dimensions Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Adaptive Planning •  Highly unlikely all relevant ethical, legal, and
societal issues will be identified before development begins •  Some initially unforeseen ethical concerns may arise over the course of development •  An adaptive planning process would thus involve •  Plans to address issues known at the initiation of an R&D effort •  Contingency plans tied to specific issues to be put into action if and when those issues emerge as the R&D effort unfolds •  Criteria for recognizing the emergence of these issues and an organizational structure for receiving reports of such emergence •  A schedule for formally determining if new circumstances warrant midcourse corrections to the original plan, perhaps tied to project milestones Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Implementing the Framework Introduc)on – What Is The Issue –

Many ELSI Mechanisms Exist Today 7/13/15 139 •  Mechanisms for
ELSI include •  Self-regulation and self-awareness •  Codes of ethics and social responsibility in science, engineering, and medicine •  ELSI research •  Oversight bodies (such as institutional review boards) •  Advisory boards •  Research ethics consultation services •  DOD Article 36 and treaty compliance reviews •  Mechanisms have been developed for use primarily in civilian environments Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Good Judgment Is Critical •  Socrates: But, oh heavens! shall
we condescend to legislate on any of these particulars? •  Adeimantus: I think, he said, that there is no need to impose laws about them on good men. Plato, The Republic, Book IV Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Some Important Characteristics of ELSI Mechanisms for Use in a
Military Context •  Awareness. Scientists and engineers engaged in R&D must be ELSI-aware •  Accountability and responsibility for ELSI matters •  ELSI-related expertise for both program officials and project personnel •  Access to relevant scientific and technical information for ELSI researchers and vice versa •  Time (though not necessarily calendar time) •  Variety in perspectives. Note tradition of red-team analysis that may be applicable for raising ELSI concerns •  Comprehensiveness. Most existing mechanisms focus on specific ELSI issues, with no mechanism directed towards comprehensive identification •  Cooperation between project and program managers before ELSI issues become manifest or troublesome 7/13/15 141 Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Specific Caveats for A Military Context 7/13/15 142 •  Approaches
for addressing ELSI concerns must be capable of accommodating the classified dimensions of military research. •  Note that ELSI dimensions of a project can often be discussed without referring to the parts of a project that involve classified information •  Also can use cleared individuals not formally associated with a given project •  Time-urgency of operational military needs may truncate consideration of ELSI concerns. However •  Not all relevant ELSI concerns as lgatingz issues; some can be handled in parallel •  Time urgency usually not relevant to foundational or enabling research •  Not all issues have to be addressed up front; policy makers should be prepared for the possibility that actual operational use of a given application will raise unanticipated ELSI issues Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

7/13/15 143 •  Senior leadership should be engaged with ethical,
legal, and societal issues in an ongoing manner and declare publicly that they are concerned with such issues •  Such a public declaration should include a designation of functional accountability for ethical, legal, and societal issues within their agencies. •  Each agency should develop and deploy five specific processes to enable consideration of ethical, legal, and societal issues associated with its research portfolio •  Initial screening of proposed projects •  Reviewing proposals that raise ELSI concerns •  Monitoring R&D projects for the emergence of ethical, legal, and societal issues and providing for periodic mid-course corrections when necessary •  Engaging with various segments of the public as needed •  Periodically reviewing ELSI-related processes in an agency Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions Recommendations for Decision Makers

Recommendations for Decision Makers •  Agencies should undertake an effort
to educate and sensitize program managers to ethical, legal, and societal issues. •  Agencies should build external expertise in ethical, legal, and societal issues to help address such issues. •  Research-performing institutions should provide assistance for researchers attending to ethical, legal, and societal issues in their work on emerging and readily available technologies of military significance. 144 Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Findings •  Emerging and readily available technologies in a military
context are likely to raise complex ethical, legal, and societal issues, some of which differ from those associated with similar technologies in a civilian context •  Sustainable policy regarding science and technology requires decision makers to attend to the ELSI aspects of the S&T involved •  Public reaction to a given science or technology effort or application is sometimes an important influence on the degree of support it receives •  Ethical, legal, and societal issues that may be associated with a given technology development are very hard to anticipate accurately at the start •  Any approach to promote consideration of ethical, legal, and societal issues in R&D of military significance will have to address implementation at the program and the project levels Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Observations on the Findings •  Approaches to addressing ELSI concerns
can be both systematic and pose minimal additional burdens on agencies and on researchers •  Addressing such issues may well be necessary for sustaining support for projects •  Consideration of ethical issues may also improve the quality of the research by pointing to other overlooked problems in the research or opportunities for improvement in the science or technology to be pursued Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Case Study: Agent Orange Introduc)on – What Is The Issue

Introduc)on – What Is The Issue – Case Study 1
– Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  In 1961, South Vietnamese government requests US assistance with
defoliants for use in perimeter defense and exposure of Viet Cong camps and trails. •  Brief, early debates about ethics and policy of environmental gas weapons. •  Operation “Ranch Hand” runs from 1961 to 1971 with the release of 20M gallons of chemical herbicides. •  Most common form is “Agent Orange,” a mixture of 2,4- dichlorophenoxyacetic acid (2,4-D) and 2,4,5-trichlorophenoxyacetic acid (2,4,5-T). •  Manufactured mainly by Monsanto and Dow, plus a few smaller firms. •  Frequent contamination with highly toxic 2,3,7,8-tetrachlorodibenzodioxin (TCDD), the chief suspected cause of health effects. Basic Facts Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Basic Facts •  Research to find the optimal mixture, balancing
effect with applicability under a wide range of conditions. •  Lax rules and oversight for handling and application. •  No serious studies at the time of near-term or long-term health effects from either high-dose or prolonged, low-dose direct exposure. •  Early estimates of health effects based mainly on industry data about health consequences of worker exposure. •  No serious studies at the time of residual effects on crops grown on affected lands. •  No serious studies at the time of long-term environmental impacts. •  No scientifically rigorous study after the fact of health effects on civilians or military personnel. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  Long list of illnesses now associated with exposure, including
cancers, birth defects, liver disease, and chloracne. •  Hundreds of thousands killed or made ill by direct exposure. •  Possibly 500K children born with birth defects, continuing today. •  Possibly 2M total cases of illness. Consequences Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Consequences •  Widespread environmental damage. •  Massive habitat destruction and
species reduction or extinction. •  Long-term soil and water contamination. •  Many suspected deaths of US personnel. •  As of 2012, VA had paid $3.6B in compensation to nearly 230K claimants. Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

•  What was the operational imperative? •  Was there a
temporal urgency? •  What type of (risk) analysis, or cost/benefit analysis was conducted, if any? •  What would have been the appropriate opportunities for raising questions about the technology and its use? •  Where does responsibility lie for monitoring? Questions Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Le Cao Dai. Agent Orange in the Vietnam War: History
and Consequences. Vietnam Red Cross Society, 2000. Institute of Medicine, Committee on the Disposition of the Air Force Health Study Board on Population Health and Public Health Practice. Disposition of the Air Force Health Study. Washington, DC: National Academies Press, 2006. Ins)tute of Medicine. Veterans and Agent Orange: Update 2010. Washington, DC: The Na)onal Academies Press, 2011. Edwin A. Martini. Agent Orange: History, Science and the Politics of Uncertainty. Amherst, MA: University of Massachusetts Press, 2012. Peter Sills. Toxic War: The Story of Agent Orange. Nashville, TN: Vanderbilt University Press, 2014. Fred A. Wilcox. Scorched Earth: Legacies of Chemical Warfare in Vietnam. New York: Seven Stories Press, 2011. For More Information Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Conclusion Introduc)on – What Is The Issue – Case Study
1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

Concluding Considerations •  Intense mission focus is correct and appropriate
•  Research is important to our national security •  Weapons technologies might have important ethical, legal and societal implications •  Legal obligations have always been of great importance •  Research has potentially significant impact on others •  Deliberate analysis extremely important •  Sources of ethical insight and a framework for analysis are now available •  Decision makers now have a reasonable process by which to consider such questions Introduc)on – What Is The Issue – Case Study 1 – Process and Culture – Case Study 2 – JWT/IHL – Ethics – Case Study 3 – Framework – Case Study 4 -‐ Conclusions

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