From: Mike Lorrey (mlorrey@datamann.com)
Date: Fri Apr 26 2002 - 13:49:20 MDT
I'd like to propose that the following letter be sent to all senators
and congress(wo)men to lobby against the President's proposed ban on
human cloning and that all transhumanists that would like should sign it
as well (it is a modification of a statement I made on the extropians
list several years ago):
Dear Senator/Congressman:
Having read of the intent of the President and Congress to ban human
cloning, I felt I must respond, in the name of human rights. What you
are proposing to do is to deny humans everywhere the ability to express
in the purest way that characteristic which is most notable about our
species: our ability
to create, to reproduce, even when accidents of nature stand in the
way. I am an American citizen, and as such hold that all that is right
and good in this world derives from respect for the concept that all
power is derived from the individual, that all rights originate from the
individual. To support any law, policy, regulation, or ideal which
opposes the rights of the individual is to denigrate the dignitiy of the
individual human in the most profound way.
For this reason, rather than acting to ban technology in fear as you
have apparently done, I ask you to explore the possibility of proposing
public policies which will achieve the apparent goals of your "ban"
while at the same time maximizing individual human rights.
That every human has the right to freely procreate is recognised in all
civilized societies (which inferrs attendant responsibilities as well).
All civilized societies also recognize common concepts of intellectual
property, notably concepts like the patent, copyright, and trademarks.
Many people around the world have debated for several decades on the
subject of genetic information and intellectual property, especially in
the area of patents.
Your organization seems to be opposed to the potential for corporate
abuse of cloning technology to enslave humans by the patenting of DNA
sequences. In this I applaud you. How you wish to go about it though,
frankly scares me even more. At least in the marketplace, the public can
vote with its money on the business practices of corporations. In too
many countries, no such competition is allowed in the area of politics
and government. I fear even greater the possibility of government
monopolies of power abusing this technology in secret than I do in
corporations which must compete in the marketplace for public approval.
Due to this, I propose that the Congress pursue a policy that recognizes
that 1) only human individuals can make claims of intellectual property
involving DNA, 2) each individual posesses primary and majority
ownership of his or her genetic intellectual property present in his or
her own DNA, which cannot be assigned, waived, leased or sold. 2) each
individual posesses secondary and guardian ownership of all other
individuals posessing copies, in whole (clone) or in part (natural
fertilization) until those individuals attain adult legal status, or if
the state intervenes in the interest of the derived individual, as is
now done in juvinile court, or by various departments
of education, health and human services, etc. Each derived generation,
in whole or in part is to be regarded in the same manner as "next of
kin" are legally today in natural born families. 3) These intellectual
property rights infer responsibilities of stewardship, which if
neglected or abused shall constitute severe human rights violations
punishable under expansions of current law.
By becoming proponents of this sort of policy, we establish primary
political ownership of ANY sort of reproduction or creation of ANY sort
of intellectual property in the hands of the individual, who is free to
choose as is his or her right how and when and where to exercise those
rights, without violating those of others. Thus no government, nor any
corporation can ever commit such abuse without the expressed approval of
each and every individual involved. We reinforce the concept that
political power flows from the individual, and governments and
corporations weild power only as delegated by free individuals. By tying
these rights together, an assault on one aspect is an assault on the
whole.
Signed,
Michael S. Lorrey
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