I happen to know a Utah state senator who I could talk to about
drafting a bill that explicitly legalizes DIYbio labs. Before I meet
with him I'd like some input on what kind of suggestions I should
make. I want to make sure I've got all my bases covered, all my ducks
in a row, etc. before I go talk to him. So, here's some food for
thought...
His first question is going to be, "What's to prevent someone from
registering a home lab as a DIYbio lab and then making meth or other
drugs in it?" Meth, and meth labs, are a HUGE problem in Utah.
Unless this can be dealt with to the satisfaction of the legislators,
and anyone in the public who catches wind of it, ain't nothin' going
nowhere.
What are the most serious safety concerns that are likely to come up
in a DIYbio lab? Which of these are possible to manage or mitigate to
an acceptable level (and how), which are simply too dangerous and
should be made illegal if they aren't already (like human cloning,
experimentation on ebola, or other more subtle things I'm not thinking
of), and which are perceived as dangerous by the uneducated but are
actually safe.
For the last category - perceived risks that are actually not risks at
all - what are they likely to be and how can I best explain that they
are actually safe? (One thing I do plan to point out is that to some
extent it's impossible to make some of these things illegal because if
you did, you would also be making bathrooms illegal.)
What level of regulation, oversight, and (basically) govt. intrusion
into our labs do we feel is acceptable? Is it reasonable to ask
DIYbioers to register their labs with their city or state prior to
conducting certain kinds of procedures, or storing/working with
certain chemicals or organisms? If so, where should the line be
drawn?
If registration is required, how should it be handled? I think the
best way would be to require the DIYbio lab owner to have a professor
of biology from an accredited university visit the lab, and then sign
a form or letter saying that the lab is safe and that the person is
using it the way they say they are, that they know what they're doing,
not breeding anthrax, etc. There would have to be a way to protect
the professor from liability - we don't want this kind of thing to
come back and bite them in the... butt... if they sign off on a lab,
and then the owner takes all their meth-making junk out of the closet
as soon as he leaves and starts churning out crack. Also, forcing the
DIYbioer to bring a professor over will - I hope - help foster
relationships between schools and amateurs. The most obvious problem
with this is for people who live in rural areas. Maybe expanding the
people who are allowed to sign off on such a letter to include
doctors, vets, and basically anyone with biological lab training would
be a good idea.
That's all I can think of now. Please respond with comments,
questions, criticisms and suggestions. I'd like to have a full
proposal ready by the middle of March.
Thanks,
Dan C.
What level of regulation, oversight, and (basically) govt. intrusion
into our labs do we feel is acceptable?
I think the best way would be to require the DIYbio lab owner to have a professor
of biology from an accredited university visit the lab, and then sign
a form or letter saying that the lab is safe and that the person is
using it the way they say they are, that they know what they're doing,
not breeding anthrax, etc.
Also, forcing the DIYbioer to bring a professor over will - I hope - help foster
relationships between schools and amateurs.
I agree completely! Which is why I want us to bring up the issue
before the "Think of the Children" crowd does. If we volunteer to
self-regulate it will be a huge mark in our favor. And part of
self-regulation is being willing to inconvenience ourselves somewhat
as the procedures we want to carry out become more dangerous. At the
lowest levels, where the potential harm is on par with airplane
modeling or gardening, there should be no need for any regulation or
oversight. But there will probably be people who will want to perform
dangerous enough procedures that some degree of oversight is
reasonable. What I don't know is where that line should be drawn.
Keep in mind that since this is a hobby, people with little or no
training in safe laboratory procedures are going to be taking it up.
They may not even be aware that some of the things they're reading
about or doing are dangerous. Passing laws requiring people to
participate in safety training may not be the best answer, but it is
something we should address - if only so that when the question comes
up we can demonstrate that we've dealt with it appropriately.
Hopefully our own actions will be enough to convince lawmakers that
regulation is unnecessary or need not be as strict as it may otherwise
be. I'm sure there are other examples of hobby groups doing similar
things - I'll look into it.
> Fear fueled by ignorance should not dictate our legislation.
I agree. But it will if we're not careful.
> That said, it is difficult to obtain dangerous biological materials without
> some sort of professional affiliation (university, industry, etc). This is
> enough of a regulatory deterrent to begin with. If someone is trying to
> cause harm, and is willing to seek out illegal supplies, they're probably
> not going to be nice and register their lab with the government, either.
An excellent point, which I will be sure to stress. Again, my goal is
not to put restrictions on what we can and can't do, but to explicitly
legalize DIYbio with as little red tape as possible. Also it would be
great if we could somehow avoid SWAT teams smashing into our homes and
destroying our labs because they don't know the difference between
biology equipment and meth lab equipment. (This is a genuine concern
of mine, with the fear of meth labs so high in Utah. If anyone saw me
with glassware or anything that looks lab-related they may very well
call the police, who would then descend upon me in a shoot first, ask
questions later raid. I don't want to get shot.)
> We have to be aware that any precedents set now could have a huge impact on
> future laws -- I am afraid that over-regulation will kill DIYbio altogether.
Agreed. If I understand correctly, most states will follow the lead
of whichever state is first to pass legislation on an issue. If we
can get one state to pass friendly laws, it will make it much easier
for other people to approach their own state legislation and get
friendly laws passed.
-DTC
> I'm involved in the federal government's current efforts to address
> the risks posed by synthetic biology, so I think I can shed a little
> light on the legislation/regulation angle. DISCLAIMER: My views I'm
> about to express are my own and do not necessarily reflect those of my
> employer (the U.S. State Department) or executive branch writ large.
>
> At the federal level, policymakers are currently focused on commercial
> gene foundries capable of producing gene-length sequences of
> synthetically-produced DNA. DIYbio is not on their radar screen and
> is unlikely to emerge as an issue for a least another year or more.
It's still good to have your input, especially early on in the process. I
hope that the talks that are going on balance risk vs. potential, be it
DIY enthusiasts learning basic biology principles, biologists with an
at-home lab, or commercial gene foundries or other commercial biotech. Too
often these days, no matter what the technology is, I notice people are
quick to jump on the statistically unlikely but scary threats/risks
without weighing the potential benefits against them -- any cutting-edge
field of scientific research will have its unpreventable accidents; I
think we have to accept a certain amount of that as the price of progress.
The question for the policymakers, in my opinion, should be how to
facilitate quality supply-chain trust (i.e., no matter who I am, I want to
be sure that what I am ordering is what I am getting, what is given to me
labeled as something is in fact that something, etc.) and how to help
protect against serious accidents / mitigate risk without hindering
scientific advancement.
> That being said, devising a scheme for self-regulation would be a good
> way to minimize the risks you've mentioned and while also heading off
> discussion of legislative action. A self-regulatory scheme could be
> as simply as agreeing to a code of conduct that articulates certain
> lab safety standards and avers work that might be interpreted as
> having a potential offensive use, such as tinkering with virulence or
> toxin production sequences or as invasive as having a third-party
> provide informal lab certification -- or you could pursue a
> combination of approaches.
What I'd like to see is an easily-accessible document that outlines, in
addition to "how to get started in this field", a firm basis in good lab
technique and safety protocols (the former being an essential part of the
latter, in most people's opinions.)
I'm against the third-party approach in general, because firstly, most
certifications only test that you can pass the certification, and this
often instills a false sense of security in the researcher -- for larger
institutions this sort of external auditing makes sense, but those
researchers already have an ingrained sense of good lab technique.
I think that education with respect to lab safety standards, and an
informal "agreement of conduct" are about as far as we should go -- one of
the key aspects to this movement toward bringing science back into the
realm of 'accessible to the lay person' is that there are no barriers to
entry other than knowledge and a minimal investment in lab equipment.
External certifications, etc., would almost certainly be ignored by the
sort of people you'd be hoping to most affect by them, and furthermore
might serve to deter interested, promising young biologists from entering
the field.
But ultimately, I don't think we should abdicate our duty of
self-regulating for safe conduct and acceptable behavior to a third party
auditor; social contracts are going to be more powerful on the DIYBIO
level than any certification program could be.
I strongly believe that we will best benefit from a self-enforced social
code of conduct that emphasizes the very real point that to perform good,
real lab work, one must have a protocol, and that any good protocol
considers the safety and hazard implications involved. (Even though the
failure mode for nearly all of the things we're doing here is "it grows
mold or smells bad", we still need to be practicing good lab technique,
sterile method, proper sanitary disposal of waste, etc.) All of this can
be done safely in the home lab, and safe practices should be second nature
to anyone who is going beyond the "reading about it" and into the "working
with cultures" stage of their intellectual journey.
Meredith, Mac, and Tito are working on a Lab Safety Manual for DIYBIO
people -- it's currently an outline of common sense practices, but I
expect it to expand as we grow:
http://openwetware.org/wiki/DIYbio:Notebook/Safety_Manual_1.0
(I have some long notes I wrote up about this, that I haven't sent
Meredith yet, but we should see some expansion on that document soon.)
> I would suggest thinking about what are the values and behaviors you
> would want to instill in someone who has a minimal amount of
> experience with labwork and it is just now thinking about diving into
> DIYbio.
That's one of the things that Meredith and I, and others in the community,
have been talking a lot about, since as I've stated above, I think this is
the best way to ensure a minimal chance of an accident occurring among
members of the DIYBIO community. Safety is already taken as a very serious
aspect of the culture among the "amateur" researchers I've spoken with and
worked with so far, and if we can help ensure that spreads as a key
principle to the new people being introduced to the great potential of
biology experimentation, we can use social methods rather than legislative
to achieve risk minimization.
When/if this does come onto the radar of the policymakers, I'd be happy to
talk to them about the issues. Thanks for your suggestions; they pretty
much confirm that we're on the right course already.
Best,
Len
Disclaimer: http://www.kuleuven.be/cwis/email_disclaimer.htm
Len,
All of that is good stuff but it doesn't do much to dissuade the local
narcotics team from breaking down my door and tearing my (at this
stage hypothetical) lab apart.
Dan
You and I understand this, and understand that a DIYbio lab is not a
meth lab. I doubt you could even co-opt a DIYbio lab to make meth
without substantial work.
That is not the point or the concern.
The police and average citizenry here aren't likely to be able or
willing to make the distinction between two kinds of home labs - to
them, a lab is a lab, and any lab is a meth lab, because that's what
they hear on the news. So if I get shipments of laboratory equipment,
and someone finds out, they're not going to stop to ask questions -
they're going to call the police. And the police aren't going to stop
by and politely say "Excuse me, sir, could we please look around your
home? We have reason to believe you may be producing illegal drugs
here." They're going to get a search warrant, probably of the
no-knock variety, and they're going to show up in riot gear and kick
in the front door. No amount of personal safety practice in the lab,
careful selection of organisms to work with, and so forth is going to
matter at this point.
The only way to prevent this from happening is to either hide my
activities from my neighbors - which will inevitably make me look
sneaky, because it *would* be sneaky; to openly discuss my activities
with my neighbors, which could explode when one of them misunderstands
or is too scared to understand; or to go directly to the police and
tell them what I'm doing, which brings us right back to the issue of
there being no laws saying it's okay for me to do this, which means
most likely the police will say "It's not illegal but we're gonna have
our eye on you", which is really not what I want either.
All of this is why I think it would be better to go directly to the
lawmakers first.
-DTC
Maybe getting in touch with your local narcotics team and telling them
what you're about and asking for their help with regards not being
criminal? You could even show them around if they're interested.
At a wider level, drugs should all be decriminalised - starting with the
most dangerous. The more addictive and destructive a drug is, the more
important it is that it's not controlled by organised crime. Simple.
The real problem isn't your lab, it's prohibition.
This is a good suggestion, but it assumes that one is able to
communicate effectively with every neighbor who becomes aware and has
the potential to become suspicious.
On Fri, Feb 27, 2009 at 4:19 PM, Nick Taylor <nick...@googlemail.com> wrote:
> The real problem isn't your lab, it's prohibition.
Agreed, but again, small comfort if things really do go wrong. I
suppose I should have more faith in law enforcement. (Current faith
in the cops: zero, plus or minus two percent.) Maybe if I find out
where they hang out after hours and bring them donuts regularly, I can
convince them not to bite.
-DTC
like:
Say DIYbio is a new hobby that people are taking up now that the
technology has become available, and by and large, it's just people
experimenting with growing yoghurt - but it might look a bit suspicious
for people who don't know.
Say "
We are a community though - so if you get a report of someone buying
mail-order beakers, chances are we'll know them personally - so if you
get a tip-off, then maybe we can save you the hassle of following
false-leads in advance. We can possibly do a lot of your investigate
leg-work for you.
Yea, I'm British. On the whole our police are very good people people.
The only altercation I've had with an American cop (in LA. I drove out
of the car-hire lot, out onto the road... up to the lights and was
immediately pulled over) was entirely reassuring. He was a really nice
bloke... drew me a little map and was very friendly etc.
> Over the longer term, this group might want to think about inviting
> officials from the Department of Health and Human Services, Department
> of Agricutlure and FBI to attend a DIYbio conference. It is a good
> way to appear proactive in the eyes of would-be regulators and build
> contacts with the political and policy communities.
CodeCon has a DIYbio "track" this year; I'm not sure, but this may be the
highly regarded, established conference with a strong reputation in
software engineering expanding its notions of "coding/programming/hacking"
to include wetware bio work -- I hope others follow, since the synergistic
overlap of the two expected audience pools is reason enough to do this,
for me.
But I hereby invite anyone with an interest in DIYbio to come to CodeCon,
and I'd love to see our civil servants attending events like this to
better learn about what they're making decisions about. If you have anyone
in mind as far as the Department of Health and Human Services, Department
of Agriculture, etc., who would be likely to find a DIYbio conference
interesting, please forward them the call for papers:
http://www.codecon.org/2009/cfp.txt
... which describes the conference fairly well (and there is quite a lot
on the 'net about the conference from third-party sources from past years,
though aside from Meredith's now legendary DNA purification using common
household items and a salad spinner I borrowed for her the night before
her talk, after she told me "I need to make my talk longer; I could purify
DNA with meat tenderizer, shampoo, salt, and rubbing alcohol -- I just
need a centrifuge", we haven't had any DIYbio presentations.)
Information for the curious:
* You should be able to buy tickets soon -- once the new site launches,
which should be days ago. ;)
* We're still taking sponsorships, from our traditional software sponsors,
though we'd love to see involvement from both software companies in the
bioinformatics space, and biotech companies that would like to see quality
conferences for DIYbio emerge; the harsh truth is that for many
conferences, they can't survive without sponsors willing to support them.
If you can put us in touch with biotech companies interested in
sponsorship, please do!
* It's right before the RSA Conference (the big information security trade
show) that brings a lot of security-oriented people into town. These
people focus on threat modeling for a living, so having them in the
audience is always good when general software is being discussed; I
suspect it will be fruitful for DIYbio safety and risk reduction too. But
if you're one of the people who goes to that event, you can just come out
for the weekend before RSA week, and you've got CodeCon covered (starting
on that Friday.)
* The CodeCon crew will be looking for volunteers, and if you're
interested, mail codec...@codecon.org and let us know what you'd like
to help with, (or what skills you have, so that by telling us of them, you
can help us help you help us.)
***Submission deadline is the end of this weekend, so if you've got biybio
projects you want to share with an interested audience who both wants to
learn as well as help, even if they're in a very early state, send them
in. Basic requirements for presenters:
We require that something critical to your project be working well enough
to have a demo (i.e., if you plan to do this neat big idea with these four
major smaller ideas, and you've got one of those four done and demoable,
and that one smaller idea is interesting and novel, submit it even though
the full project isn't done. When BitTorrent debuted at the first CodeCon,
it only had ever had a few hundred people use it, total.)
You've got to be a key developer on the project, have a working demo (not
vaporware), and an interesting project to present. If you think you've got
something, please send it in!
Really? I'd heard that it was possible to engineer certain bacterium to
synthesise methamphetamines and electrophoresis was quite an effective
way of separating them from the others because they tend to move a lot
more quickly?
Amusing. However, being personally acquainted with more than one law
enforcement official, I suspect the reaction upon seeing a DIYbio lab
would be more along the lines of "Wuts all dis science (expletive)?
You a Islam er summin' boy? Terr'ist? I dun wanna hear it! Yer
commin' wif me."
That may be a very slight exaggeration, but only just. I once had a
state trooper complain to me that "I don't see these Muslim's doin'
anything for Easter." No, really!?