Through the Looking Glass:
Nano Standards and Regulations Must Mirror Society's Values

  Michele Mekel, J.D., M.B.A., M.H.A., Associate Director/Legal Fellow
  Center on Nanotechnology and Society

Having had the honor of serving as the Converging Technologies Bar Association designee and as the Center on Nanotechnology and Society representative at the recent Nanotechnology Standards Workshop at Michigan State University (MSU), I participated in and observed multidisciplinary discussions addressing standards development for the nano-agro interface. The issues covered during the workshop, however, were widely applicable to nano standards in all sectors and should be considered within the rubric of nanogovernace at the meta level. These issues ranged from the timing of standards development to international harmonization, and from transparency and participation in the standards development process to the appropriate mechanisms for implementing resulting standards.

Very early on during the interactive discourse, numerous questions were raised and requests were made for clarification regarding terminology - emphasizing the fact that there are clearly more questions than answers in today's nano arena. This fact, however, should not be viewed as an excuse for inaction; rather, it should be seen as an opportunity for innovative policy development in tandem with nano's scientific and technological innovation. This novel approach to NELSI (nano's ethical, legal, and social implications) is well suited to the nascent technology, which is different than other emerging technologies because it has the potential to impact nearly every sector of the economy as an enabling technology; in reality, it is not a singular technology but, instead, is comprised of a panoply of disciplines and their varied collections of processes and techniques; and it has been heralded as "the next big thing" by numerous polities in terms of its potential as an economic engine.

At the heart of such a pioneering method of policy development, however, must be the recognition that standards and regulations embody the values of the societies that create them. As a result, we must be clear on exactly what those values and core principles are before jumping head long into the processes of creating standards and making rules. And the only way to achieve such clarity is through broad-ranging, open, iterative, and ongoing dialogues about NELSI in which the full spectrum of views is represented. Such robust civil discourse may cause some interested in the traditionally linear and logical (not to mention technically-oriented) standards development process to run for the hills because true public engagement is messy, unwieldy, time consuming, and even unpredictable. But, nanopolicy conceived through any other methodologies will constitute either social engineering or an administrative exercise addressing superficial minutia.

To further this dialogue, we at the Center on Nanotechnology and Society invite you to join us for the next Chicago Nano Forum, entitled Big Issues & Small Science: Addressing the Socially Responsible Development of Nanotechnology on October 5 at 5:30 p.m. in the Chicago-Kent College of Law Auditorium at 565 W. Adams in Chicago. The event is free and open to the public - in the spirit of public engagement. Please RSVP to rsvp@thehumanfuture.org.

For membership information on the CTBA, and to learn about its IP, EHS, and Education Committees, e-mail info@convergingtechnologies.org.

Michele Mekel, J.D., M.B.A., M.H.A., is associate director/legal fellow of the Center on Nanotechnology and Society, and executive director/legal fellow of the Institute on Biotechnology and the Human Future.