Nanotechnology

(CM) In a world where nanocomputers are easily accessible to cure disease as well as cause it, how do we keep track of where these computers originated in order to prevent not only widespread terrorism, but domestic crime. For example, if I am easily able to create nanocomputers capable of breaking down cells on my home computer (which cannot be traced) couldn't I use this as a murder for hire situation?

(CM) If nanotech is widely available and not controlled by governments, what happens to the poorest of society who cannot afford even the most basic nanotech device? How responsible is the government for ensuring their safety against attacks such as those addressed in the chapter.  Could nanotech become the healthcare battle of the future?

(CM) It seems that in most cases, things are a lot easier to take apart, then put back together.  If the technology to disassemble is revealed before that to assemble, should laws be put in place to regulate nanotech until science and technology are capable of repairing what has been broken?

(CM) In the decentralized world of nanotech, should there be an intent element to all crimes?  Or, should all nanotech crimes be "play at your own risk" strict liability.  Perhaps making people even civilly liable would encourage only those who are backed by a company or really  know what they are doing to experiment.  This may keep the college kid in his basement from ruining the world.

(PYS In a world dominated by mature nanotechnology, what would the effect be on our society’s view of property rights and its belief that a particular configuration of matter is an important property interest? In a world in which nearly any object could be manufactured on-site from inexpensive materials, would the only really meaningful property right be in the underlying intellectual property? What ramifications would this trend have on our current intellectual property law regime and the duration of exclusive rights granted under these laws?

(PYS) With the advent of nanoproducts that have the ability to re-engineer genes and cellular machinery, it would be conceivable for criminals to disguise their original fingerprints, retinal patterns, blood types, or even genetic material. What ramifications would such technology have on our criminal justice system and immigration laws?

(DF) Nanotechnology raises many of the same economic issues as computer programs, since both result in high design costs and low reproduction costs. Ought designs to be protected by copyright? Patent? Some new form of IP? Are they protected under current law?

(PYS) Can a specific arrangement of molecules be considered as "original works of authorship fixed in a tangible medium of expression" and thus be protected under the current copyright law?

(PYS) Is taking an atom from an object conversion from the owner of that object? More generally, how do we define "de minimis" effects and intrusions in a world of nanotech?

(PYS) The use of nanotechnolgy will lead to the development of new materials. When using common elements in a combination that until the developement of nanotechnology was considered impossible develops a new stronger lighter material will its designer be given patent protection? Or will the machines and programs that run them be protected?

(DF) Once we have assemblers, most of the cost of a new nanotech device is design cost. If we try to regulate nanotech, should we do it at the design end or the production end?

(PYS) For nanotech patents, what is "prior art"?  The design?  But don't designs and products frequently merge -- i.e., how many ways are there to "design," say, wheat?  So is wheat prior art, or is the design of wheat "novel" simply because someone will be the first to create a wheat nanofactory?  So will all everyday, common items be potentially "patentable" to the extent that they can be created by nanofactories?  Since nano-creation will be far cheaper (in marginal costs) than natural creation, what effectively will be the difference between owning a patent on a nano-product and owning the patent on a natural product, given that the former will be far preferable to the latter?


CM: Cori Mott
DF: David Friedman
PYS: Previous Year's Student

Nanotech Research by Maura Fleming
Nanotech Research by Jason Alderon
Additional Research by Bryan Kohm


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