Scientists who created mutant forms of bird
flu want to see their research published, and an influential advisory committee
recently gave them the green light after a debate that lasted for months.
But one
of the manuscripts is now being blocked from publication because of Dutch legal
controls on the export of technology that could potentially be used for
weapons.
It's
just the latest example of how complicated international export control laws
have affected the debate over what to do about two studies on bird flu.
The
experiments were done in the U.S. and the Netherlands and showed how to make
this dangerous virus more contagious. Some people worried that revealing the
details would be like publishing the recipe for a bioweapon.
Last
year, U.S. government officials asked an advisory committee to weigh in. The
National Science Advisory Board for Biosecurity (NSABB) recommended publishing
limited information — and letting only some people see the full details.
"The
government led us to understand that there would be a way to share the detailed
information with individuals who had a need to know," says Michael
Imperiale, a microbiologist at the University of Michigan who serves on the
board.
In
December, officials said they would try to set up a secure system accessible
only to legitimate scientists and public health officials around the world who
are trying to prepare for a future flu pandemic.
But
when the government asked the committee to meet again, a couple of weeks ago,
the message was different — in part because legal complications, including the
export control laws, were making an information sharing system impractical.
"We
were told that due to various legal and security impediments, that it wouldn't
be possible to have a sharing system for only some people and not others,"
says Imperiale.
So the
available options seemed to be either publishes fully or not at all. That's one
big reason why, when the committee weighed the risks and benefits for a second
time, it seemed important to publish everything.
Export
control laws limit the international shipment of technologies that could be
used for weapons — things like rocket parts, or giant vats used to brew up
microbes.
"The
more complex part of export controls is when it comes to information, rather
than equipment," says Alice Gast, president of Lehigh University, who
recently co-chaired an expert panel that examined how these laws affect
science.
Information
produced by basic research is normally exempt, says Gast, who explains that
"the fundamental research exemption is valid as long as you are freely and
openly sharing the results of the research."
But if
researchers agree to limit access, for whatever reason, that exemption no
longer applies.
In the
case of bird flu, researchers from both groups reluctantly agreed to go along
with the board's initial recommendation on limited distribution. While
publication was on hold, both U.S. and Dutch export controls kicked in.
That
meant scientists could no longer freely share information with colleagues
overseas. For example, when the NSABB met to reconsider its earlier decision,
special export licenses had to be obtained from the U.S. and Dutch governments
so the international experts at the meeting could read new versions of the
research reports — and they only could see paper copies that they then had to
return.
And
now, even though the NSABB has said journals and scientists can go ahead and
publish the papers in full, one of the research teams is still grappling with
export controls.
Ron
Fouchier, a virologist at Erasmus Medical Center in the Netherlands, was at a
meeting in London last week and apologized for not being able to discuss his
work in detail. "I've been notified by the Dutch government that in
contrast to the U.S. government, they have not lifted their export control
restrictions," Fouchier said.
In an
email, Fouchier told NPR that he had not yet submitted a revised version of his
manuscript to the journal Science, and that "export control indeed is the
reason."
He
noted that as soon as he formally submitted his paper to Science, the journal
would have a First Amendment right to publish, and the Dutch government wants
to prevent this using export control.
Fouchier
said he and his lawyers believe that his work is the kind of "basic
scientific research" that is excluded under the regulations. On April 23,
he'll be at a meeting organized by the Dutch government to consider this whole
issue.
"We
need to await the conclusions from the meeting on April 23 before we can
proceed with our manuscript," Fouchier wrote.
NELL
GREENFIELDBOYCE
npr.org
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