David Koepsell

The emergence of the new information economy hascomplicated jurisdictional issues in commerce andcrime. Many of these difficulties are simplyextensions of problems that arose due to other media.Telephones and fax machines had already complicatedjurists'' determinations of applicable laws. Evenbefore the Internet, contracts were often negotiatedwithout any face-to-face contact – entirely bytelephone and fax. Where is such a contractnegotiated? The answer to this question is critical toany litigation that may arise over such contracts. Thelaws of contract are often quite different from onejurisdiction to the next.The Internet has brought with it new forms ofcommunication which make determining the loci of actseven more complicated. Where are contracts negotiatedwhen they are negotiated in cyberspace? Business isbeing conducted in chat rooms, on web sites, andthrough e-mail. Each of these is technically distinctfrom telephones and fax machines. More importantly,these tools seem ontologically different, in varyingdegrees, from traditional methods of communication.The question is, are these ontological differencessufficient to warrant new legal notions ofjurisdiction in cyberspace?Only a thorough ontological analysis of the parts ofcyberspace and acts ``in'''' it can reveal the answers tothe legal questions posed by this new medium.Traditional legal analyses have relied, in part, on acrude legal ontology. That is, courts have grappledwith notions of the topology and mereology of theworld and legal objects when considering questions ofjurisdiction. There is a simpler, theoretically soundmethod for determining legal jurisdiction which isbased upon the notion of ``purposeful direction,'''' andwhich treats computer-mediated transactions as justanother form of communication. I will explore thatmethod below.

Human research ethics has developed in both theory and practice mostly from experiences in medical research. Human participants, however, are used in a much broader range of research than ethics committees oversee, including both basic and applied research at technical universities. Although mandated in the United States, the United Kingdom, Canada, and Australia, non-medical research involving humans need not receive ethics review in much of Europe, Asia, Latin America, and Africa. Our survey of the top 50 technical universities in the world shows that, where not specifically mandated by law, most technical universities do not employ ethics committees to review human studies. As the domains of basic and applied sciences expand, ethics committees are increasingly needed to guide and oversee all such research regardless of legal requirements. We offer as examples, from our experience as an ethics committee in a major European technical university, ways in which such a committee provides needed services and can help ensure more ethical studies involving humans outside the standard medical context. We provide some arguments for creating such committees, and in our supplemental article, we provide specific examples of cases and concerns that may confront technical, engineering, and design research, as well as outline the general framework we have used in creating our committee.

The age-old maxim of scientists whose work has resulted in deadly or dangerous technologies is: scientists are not to blame, but rather technologists and politicians must be morally culpable for the uses of science. As new technologies threaten not just populations but species and biospheres, scientists should reassess their moral culpability when researching fields whose impact may be catastrophic. Looking at real-world examples such as smallpox research and the Australian “mousepox trick”, and considering fictional or future technologies like Kurt Vonnegut’s “ice-nine” from Cat’s Cradle, and the “grey goo” scenario in nanotechnology, this paper suggests how ethical principles developed in biomedicine can be adjusted for science in general. An “extended moral horizon” may require looking not just to the effects of research on individual human subjects, but also to effects on humanity as a whole. Moreover, a crude utilitarian calculus can help scientists make moral decisions about which technologies to pursue and disseminate when catastrophes may result. Finally, institutions should be devised to teach these moral principles to scientists, and require moral education for future funding.

The recent debate arising from leaked emails from a UK-based research group working on the issue of climate change is another in a long string of historical lapses that periodically threatens public confidence in the institutions and methods of science. As with other similar events, it did not have to happen. What should concern us is that the accepted methods and practices of science have once again to be shown to be too easily set aside, ignored, or broken due to human frailties. Years of research are now in question, publications must be viewed in a new, more skeptical light, and research programs that might have no direct relation with the one involved in the controversy are affected. One response to scandals like “ClimateGate” is to renew an oft-repeated call for increased openness in the sciences. The apparent disappearance or alteration of data, and its implications for the trustworthiness of published results of ongoing research suggests strongly that a more transparent, open, and accessible system could have prevented personal inclinations or policy concerns, even if benevolently motivated, from undermining the indifferent and detached progress of climate science