Embedding New Technologies into Society

A Regulatory, Ethical and Societal Perspective

Diana M. Bowman, Elen Stokes, Arie Rip, Diana M. Bowman, Elen Stokes, Arie Rip

• Publisher: Jenny Stanford Publishing
• Year: 2017
• ISBN:
  9781315340739
• Edition: 1
• Topic: Law
• Subtopic: Environmental Law
• Index: Law

The embedding of any new technologies in society is challenging. The evolving state of the scientific art, often-unquantifiable risks and ill-defined developmental trajectories have the potential to hinder innovation and/or the commercial success of a technology. The are, however, a number of tools that can now be utilized by stakeholders to bridge the chasm that exists between the science and innovation dimensions on the one hand, and the societal dimensions on the other. This edited volume will draw together leading researchers from the domains of law, philosophy, political science, public administration and the natural sciences in order to demonstrate how tools such as, for example, constructive technology assessment, regulatory governance and societal scenarios, may be employed by stakeholders to assist in successfully embedding new technologies into society. This volume will focus primarily on the embedding of two emergent and emerging technologies: nanotechnologies and synthetic biology.

Government, industry and the epistemic community continue to struggle with how best to balance the promised benefits of an emerging technology with concerns about its potential impacts. There is a growing body of literature that has examined these challenges from various cultural, scientific and jurisdictional dimensions. There is, however, much work that still needs to be done; this includes articulating the successes and failures of attempts to the societal embedding of technologies and their associated products.

This edited volume is significant and timely, as unlike other books currently on the market, it shall draw from real work experiences and experiments designed anticipate the societal embedding of emerging technologies. This empirical work shall be supported by robust theoretical underpinnings.

Contents

1. Introduction

Diana M. Bowman,^a Arie Rip,^b and Elen Stokes^c

1.1 Novelty and Indeterminacy

1.2 Anticipation and Tentative Governance

1.3 Change, Re-Interpreted and Re-Negotiated

1.4 This Collection

1.5 In Conclusion

Part 1: VARIETY IN THE GOVERNANCE OF NEWLY EMERGING TECHNOLOGIES

2. Reflexive Co-Evolution and Governance Patterns

Harro van Lente^a and Arie Rip^b

2.1 Introduction

2.2 Actual Reflexive Co-Evolution of Technology in Society

2.3 Early Warning as a Governance Pattern

2.4 Bridging the Gap between Technology Development and Society

2.5 Governance by Orientation: The Discourse of Grand Challenges

2.6 In Conclusion

3. Regulatory Governance Approaches for Emerging Technologies

Bärbel Dorbeck-Jung^a and Diana M. Bowman^b

3.1 Introduction

3.2 Promising Regulatory Governance Approaches

3.2.1 Models of Technology Regulation

3.2.2 Regulatory Models for Nanotechnologies

3.3 Reviewing Nano Regulatory Governance: The Story so Far

3.3.1 Introduce Evaluation Frame of Cases: Some Effectiveness Questions

3.3.2 Governance Arrangements to Limit Exposure to Nanoparticles in the Workplace

3.3.3 Nanocosmetics within the European Union

3.4 Lessons Learned, and Moving Forward

4. Society as a Laboratory to Experiment with New Technologies

Ibo van de Poel

4.1 Introduction

4.2 Technology as Social Experiment

4.3 A Brief History of the Idea

4.3.1 Society as Laboratory

4.3.2 Engineering as Social Experiment

4.3.3 Social Experiments in Strategic Niche Management

4.3.4 Social Experiments in Social Science

4.4 Characteristics of Social Experiments

4.4.1 An Experiment in Society

4.4.2 An Experiment on Society

4.4.3 An Experiment by Society

4.4.4 Responsible Experimentation

4.5 Uncertainty, Learning and Experimentation

4.5.1 Uncertainty

4.5.2 The Need for Experimentation

4.5.3 Learning-by-Experimentation

4.6 An Example: Sunscreens with Titanium Dioxide Nanoparticles

4.7 Conclusions: Towards Responsible Experimentation

5. Care and Techno-Science: Re-Embedding the Futures of Innovation

Christopher Groves

5.1 Introduction

5.2 Care and Innovation

5.2.1 Needs, Attachments and Care

5.2.2 Expectations and Performing Futures

5.3 Disembedding: Generic Futures in Nano- and Biotechnology

5.4 Care-Full Re-Embedding: Performing Concrete Futures

5.5 Conclusion

6. Division of Moral Labour as an Element in the Governance of Emerging Technologies

Arie Rip

7. Ethical Reflexivity as Capacity Building: Tools and Approaches

Clare Shelley-Egan^a and Federica Lucivero^b

7.1 Introduction

7.2 Institutional Requirements and Opportunities to Engage in Ethical Reflexivity

7.3 Ethical Reflexivity and Building Capacity

7.4 Building Capacities: Supportive Tools and Approaches

7.4.1 Articulating Reflexivity

7.4.2 Imagining and Discussing Societal Relevance

7.4.3 Performing Reflexivity

7.5 Conclusions and Discussion

Part 2: PROMISES, POLITICS AND PARTICULARITIES OF NANOTECHNOLOGIES

8. The Demand Side of Innovation Governance: Demand Articulation Processes in the Case of Nano-Based Sensor Technologies

Haico te Kulve and Kornelia Konrad

8.1 Introduction

8.2 Distributed Processes of Demand Articulation

8.2.1 Demand Articulation as Part of Innovation Governance

8.2.2 Dynamics in Distributed Demand Articulation Processes

8.2.3 Interventions in Demand Articulation and Tools to Support Them

8.3 Demand Articulation of New Sensor Applications for the Drinking Water and Food and Beverages Sectors

8.3.1 Sensors and Characteristics of the Drinking Water and Food and Beverages Sectors

8.3.2 Fit and Stretch Strategies in Demand Articulation Processes

8.3.3 Sensors for Monitoring Water Quality in the Distribution Network: Fit or Stretch the Monitoring Regime?

8.3.4 Sensors for Monitoring Food Quality: Stretching Commercial Relationships along the Value Chain

8.3.5 Certification and Standardisation in Societal Embedding Articulation: Fit or Stretch

8.4 Supporting Demand Articulation Processes via CTA Workshops

8.5 Conclusions

9. Evolving Patterns of Governance of,and by, Expectations: The GrapheneHype Wave

Kornelia Konrad^a and Carla Alvial Palavicino^b

9.1 Introduction

9.2 Governance of, and by, Expectations

9.2.1 Modes of Governance

9.2.2 Intentional and De Facto Governance

9.3 The Graphene Hype Wave

9.3.1 A Graphene Hype Emerging in the Science Space

9.3.2 Graphene Moves into the Policy and Media Space

9.3.2 Graphene Moving into the Market Space andthe Hype Becoming Reflexive

9.3.4 The Emergence of Concerns Besides the Promisesand the Call for Standardisation and NewDefinitions of Graphene

9.4 Conclusion

10. Transactional Arrangements in the Governance of Emerging Technologies: The Case of Nanotechnology

Evisa Kica^a and Ramses A. Wessela^b

10.1 Introduction

10.2 The Transnationalisation of Nanotechnology Governance

10.3 Transnational Governance Arrangements Generally and Their Attributes

10.4 The Governance of Nanotechnology A Typology of Transnational Governance Arrangements

10.4.1 ISO Technical Committee on Nanotechnology (ISO/TC229)

10.4.2 OECD Working Party on Manufactured Nanomaterials (OECD/WPMN)

10.4.3 International Risk Governance Council

10.4.4 International Council on Nanotechnology

10.4.5 Intergovernmental Forum on Chemical Safety

10.5 Conclusion

11. Co-Regulation of Nanomaterials: On Collaborative Business Association Activities Directed at Contributing to Occupational Health and Safety

Aline Reichow

11.1 Introduction

11.2 Approach to Business Association Activities

11.2.1 Business Associations in Germany

11.2.2 The Chemical Industry Association (VCI)

11.3 Discussion: Effective Nanomaterials OHS Regulation

11.4 Conclusions: An Outlook to the Future of Nanomaterials OHS Regulation

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Part 3: LOOKING TO THE FUTURE OF DISRUPTIVE TECHNOLOGIES

12. The ‘Metamorphosis’ of the Drone: The Governance Challenges of Drone Technology and Border Surveillance

Luisa Marin

12.1 Introduction: Let’s Face It! They Are Here to Stay

12.2 Drones and Border Surveillance

12.3 The US Experience of Border Surveillance with Drones

12.3.1 The American Drone

12.3.2 Legal Framework for Border Surveillance and Privacy in the US

12.4 The Deployment of Drone Technology into Border Surveillance in the EU

12.4.1 Border Surveillance in the EU: Frontex²⁰

12.4.2 Frontex and Drones

12.5 Policy Issues, Ethical and Regulatory Challenges Underlying the Political Choice of Deploying Drones for Border Surveillance

12.5.1 Policy Issues Underlying the Deployment of Drones in Border Surveillance

12.5.2 Ethical and Regulatory Questions

12.5.3 Legal Framework for Border Surveillance and Privacy in the EU

12.6 Conclusion

13. On the Disruptive Potential of 3D Printing

Pierre Delvenne and Lara Vigneron

13.1 Introduction

13.2 A Brief Introduction to 3D Printing

13.3 3D Printing in the Industrial Sector

13.4 3D Printing in the Biomedical Industry

13.4.1 3D Printing of Biomedical Instruments and Implants for Patients

13.4.2 Additive Bio-Manufacturing

13.5 3D Printing in the Non-Industrial Domains

13.6 Discussion

14. Advanced Materials and Modified Mosquitoes: The Regulation of Nanotechnologies and Synthetic Biology

Diana M. Bowman,^a Elen Stokes,^b and Ben Trump^c

14.1 Introduction

14.2 Regulations: Past and Present

14.2.1 Common Narratives of Early-Stage Emerging Technology Risk Governance

14.2.2 Nanotechnology Regulation in the EU and Australia

14.3 Synthetic Biology: The Next Evolutionary Technology

14.3.1 Synthetic Biology: Early Steps to Regulation and Governance

14.3.2 Synthetic Biology: The Challenges for Regulators

14.4 Synthetic Biology in the Environment

14.4.1 Genetically Modified Mosquitoes as Population Control: Initial Trials

14.4.2 Critical Response to Modified Mosquito Field Trials

14.4.3 Synthetic Biology and Mosquitoes: Health Concerns and Regulatory Challenges

14.4.4 Synthetic Biology and Mosquitoes: Looking Forward

14.5 Conclusions

Index

Chapter 1

Introduction

Diana M. Bowman,^a Arie Rip,^b and Elen Stokes^c

^aSandra Day O’Connor College of Law and School for the Future of Innovation in Society, Arizona State University, 111 E Taylor St, Phoenix, AZ 85004, USA

^b Department of Science, Technology and Policy Studies, School of Management and Governance, University of Twente, 7500 AE Enschede, The Netherlands

^c Birmingham Law School, University of Birmingham, Edgbaston, Birmingham, B15 2TT, UK

[email protected], [email protected], [email protected]

In science fiction, space and time warps are a commonplace. They are used for rapid journeys around the galaxy, or for travel through time.

But today’s science fiction, is often tomorrow’s science fact.

—Stephen Hawking [1]

There have been at least two watershed moments in the modern governance of emerging technologies, linked to issues of the embedding of those technologies in society. First, the tribulations of genetic modification (GM) technology, especially in agriculture in the 1990s, dealt a blow to the progressivist perspective of technologists and technology promotors. There were of course earlier debates about technology and society, such as in the nuclear sector as regards issues of safety and radioactive waste. Yet, even in the aftermath of such controversies, newly emerging technologies might have continued to have the benefit of the doubt and there was still room for promises of progress. The progressivist perspecti...