Export Controls and the Tensions Between Academic Freedom and National Security
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In the U.S.A., advocates of academic freedom—the ability to pursue research unencumbered by government controls—have long found sparring partners in government officials who regulate technology trade. From concern over classified research in the 1950s, to the expansion of export controls to cover trade in information in the 1970s, to current debates over emerging technologies and global innovation, the academic community and the government have each sought opportunities to demarcate the sphere of their respective authority and autonomy and assert themselves in that sphere. In this paper, we explore these opportunities, showing how the Social Contract for Science set the terms for the debate, and how the controversy turned to the proper interpretation of this compact. In particular, we analyze how the 1985 presidential directive excluding fundamental research from export controls created a boundary object that successfully demarcated science and the state, but only for a Cold War world that would soon come to an end. Significant changes have occurred since then in the governance structures of science and in the technical and political environment within which both universities and the state sit. Even though there have been significant and persistent calls for reassessing the Cold War demarcation, a new institutionalization of how to balance the concerns of national security and academic freedom is still only in its nascent stages. We explore the value of moving from a boundary object to a boundary organization, as represented in a proposed new governance body, the Science and Security Commission.
KeywordsExport controls Academic freedom Social contract for science Boundary object Boundary organization
We would like to thank Judith Reppy, who reviewed an early draft and provided very useful comments. Our collaboration came out of “The Rightful Place of Science?” workshop at Arizona State University hosted by the Consortium for Science, Policies, and Outcomes in 2009.
- Association of American Universities. 2002. ITAR and universities: Universities are educational institutions, not munitions manufacturers. http://www.aau.edu/WorkArea/DownloadAsset.aspx?id=1562.
- Bowker, Geoffrey C., and Susan Leigh Star. 1999. Sorting things out: Classification and its consequences. Cambridge, Mass.: MIT Press.Google Scholar
- Branscomb, Lewis M. 1993. Empowering technology: Implementing a U.S. strategy. Cambridge, MA: MIT Press.Google Scholar
- Brooks, Harvey. 1990. Lessons of history: Successive challenges to science policy. In The research system in transition, eds. Susan Cozzens, Peter Healey, and John Ziman, 11–22, NATO Science Series 57. Dordrecht: Kluwer Academic Publishers.Google Scholar
- Brown, David. 2012. “Controversial bird flu experiments produced no killer virus, Scientists say.” The Washington Post, April 3, sec. National. http://www.washingtonpost.com/national/health-science/controversial-bird-flu-experiments-produced-no-killer-virus-scientists-say/2012/04/03/gIQAFBV7tS_story.html.
- Carter, Ashton B. 2010. Under Secretary of Defense Memorandum for Secretaries of the Military Departments. US Department of Defense. http://www.fas.org/irp/doddir/dod/research.pdf.
- Chalk, Rosemary. 1986. Continuing debate over science and secrecy. Bulletin of the Atomic Scientists: 14–16.Google Scholar
- Commission on Scientific Communication and National Security. 2005. Security controls on scientific information and the conduct of scientific research. Center for Strategic and International Studies (CSIS), Homeland Security Program.Google Scholar
- Committee on Loyalty in Relation to Government Support of Unclassified Research. 1956. Loyalty and research. Science 123(3199), New Series (April 20): 660–662.Google Scholar
- Cook, Sharron, ed. 2005. Record of comments: Advance notice of proposed rulemaking: Revision and clarification of deemed export related regulatory requirements (70 FR 15607 & 70 FR 30655). US Department of Commerce.Google Scholar
- Cupitt, Richard T. 2000. Reluctant champions: U.S. presidential policy and strategic export controls, Truman, Eisenhower, Bush, and Clinton. New York: Routledge.Google Scholar
- Davey, Michael E. 1986. DOD Support for research at colleges and universities. In Science policy study, background report no. 8: Science support by the Department of Defense, ed. Genevieve J. Knezo, 133–176. CRS Reports SPR-0023. Washington, D.C.: Congressional Research Service.Google Scholar
- Deemed Export Advisory Committee. 2007. The deemed export rule in an era of globalization. US Department of Commerce.Google Scholar
- Defense Science Board Task Force on Export of U.S. Technology. 1976. An analysis of export control of U.S. technology—a DoD perspective. Washington, D.C.: Office of the Director of Defense Research and Engineering.Google Scholar
- Defense Science Board Task Force on Secrecy. 1970. Final report (The Seitz Report). US Department of Defense.Google Scholar
- Erasmus University Medical Center. 2011. Virologists to observe American bioterrorism recommendation. Erasmus MC. http://www.erasmusmc.nl/perskamer/archief/2011/3530639/?lang=en.
- Evans, Samuel A. 2009. Technological ambiguity & the Wassenaar arrangement. DPhil Thesis: University of Oxford.Google Scholar
- General Accounting Office. 2002. Export controls: Department of commerce controls over transfers of technology to foreign nationals need improvement. GAO-02-972.Google Scholar
- Gieryn, Thomas F. 1999. Cultural boundaries of science: Credibility on the line. University of Chicago Press.Google Scholar
- Government Accountability Office. 2006a. Export controls: Agencies should assess vulnerabilities and improve guidance for protecting export-controlled information at universities. GAO-07-70.Google Scholar
- Government Accountability Office. 2006b. Export controls: Agencies should assess vulnerabilities and improve guidance for protecting export-controlled information at companies. GAO-07-69. Washington, D.C.Google Scholar
- Government Accountability Office. 2011. Export controls: Improvements needed to prevent unauthorized technology releases to foreign nationals in the United States. GAO-11-354. Washington, D.C.Google Scholar
- Grady, Denise, and William J. Broad. 2011. U.S. asks journals to censor articles on bird flu virus. The New York Times, December 20, sec. Health. http://www.nytimes.com/2011/12/21/health/fearing-terrorism-us-asks-journals-to-censor-articles-on-virus.html.
- Guston, David H. 2000. Between politics and science: Assuring the integrity and productivity of research. Cambridge: Cambridge University Press.Google Scholar
- Harmon, Catherine. 2011. What really happened in malta this september when contagious bird flu was first announced? Observations, scientific American blog network. http://blogs.scientificamerican.com/observations/2011/12/30/what-really-happened-in-malta-this-september-when-contagious-bird-flu-was-first-announced/.
- Hart, David M. 1998. Forged consensus: Science, technology, and economic policy in the United States, 1921–1953. Princeton studies in American politics. Princeton, NJ: Princeton University Press.Google Scholar
- Henry, Matthew, and John L. Turner. 2005. The court of appeals for the federal circuit’s impact on patent litigation. SSRN eLibrary (February). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=713622.
- Hufbauer, Gary Clyde, Jeffrey J. Schott, and Kimberly Ann Elliott. 1990. Economic sanctions reconsidered: History and current policy. Peterson Institute.Google Scholar
- Knezo, Genevieve J. 1990. Defense basic research priorities: Funding and policy issues. CRS Reports 90-506 SPR. Washington, D.C.: Congressional Research Service. http://www.lexisnexis.com/congcomp/getdoc?CRDC-ID=CRS-1990-SPR-0013.
- Krause, Keith. 1992. Arms and the state: Patterns of military production and trade. Cambridge studies in international relations 22. Cambridge: Cambridge University Press.Google Scholar
- Lakatos, Imre. 1978. The methodology of scientific research programmes. His Philosophical Papers; V. 1. Cambridge; New York: Cambridge University Press.Google Scholar
- Leath, Audrey T. 2001. ITAR regulation of research satellites generates concern. FYI: The AIP Bulletin of Science Policy News (110) (August 30). http://www.aip.org/fyi/2001/110.html.
- Lunney, Glynn S. 2004. Patent law, the federal circuit, and the Supreme Court: A quiet revolution. Supreme Court Economic Review 11(January 1): 1–80.Google Scholar
- Mowery, David C. 2004. Ivory tower and industrial innovation: University-industry technology transfer before and after the Bayh-Dole Act in the United States. Innovation and Technology in the World Economy. Stanford, CA: Stanford Business Books.Google Scholar
- National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 2007. Rising above the gathering storm: Energizing and employing America for a brighter economic future. Committee on Prospering in the Global Economy of the 21st Century: An Agenda for American Science and Technology. Washington, D.C.: The National Academies Press.Google Scholar
- National Academy of Sciences, National Academy of Engineering, and Institute of Medicine. 2009. Rising above the gathering storm, revisited: Rapidly approaching category 5/Committee on Prospering in the Global Economy of the 21st Century: An Agenda for American Science and Technology. Washington, D.C.: National Academies Press.Google Scholar
- National Institutes of Health. 2012. U.S. government policy for oversight of life sciences dual use research of concern. Office of Biotechnology Activities, NIH. http://oba.od.nih.gov/oba/biosecurity/PDF/United_States_Government_Policy_for_Oversight_of_DURC_FINAL_version_032812.pdf.
- National Research Council. 2002. Making the nation safer: The role of science and technology in countering terrorism. Washington, D.C.: National Academies Press.Google Scholar
- National Research Council. 2004. Biotechnology research in an age of terrorism: Confronting the dual use dilemma—“The Fink Report”. Washington, D.C.: National Academies Press.Google Scholar
- National Research Council. 2005. Assessment of Department of Defense Basic Research by the Committee on Department of Defense Basic Research. Washington, D.C.: The National Academies Press.Google Scholar
- National Research Council. 2007. Science and security in a post 9/11 world: A report based on regional discussions between the science and security communities. Washington, D.C.: National Academies Press. http://www.nap.edu/catalog/12013.html.
- National Research Council. 2009. Beyond “Fortress America”: National Security Controls on Science and Technology in a Globalized World/Committee on Science, Security, and Prosperity [and] Committee on Scientific Communication and National Security, Development, Security, and Cooperation, Policy and Global Affairs. Washington, D.C.: National Academies Press.Google Scholar
- National Science Advisory Board for Biosecurity. 2011. Press statement on the NSABB review of H5N1 research. http://www.nih.gov/news/health/dec2011/od-20.htm.
- National Science Advisory Board for Biosecurity. 2012. March 29-30, 2012 Meeting of the National Science Advisory Board for biosecurity to review revised manuscripts on transmissibility of A/H5N1 influenza virus. http://oba.od.nih.gov/oba/biosecurity/PDF/NSABB_Statement_March_2012_Meeting.pdf.
- National Science Foundation. 2011. Globalization of science and engineering research: A companion to S&E indicators 2010. http://www.nsf.gov/statistics/nsb1003/.
- National Security Council. 1985. NSDD-189: National policy on the transfer of scientific, technical and engineering information. College Park, MD: National Archives. Obtained from: http://www.fas.org/irp/offdocs/nsdd/nsdd-189.htm.
- Obama, Barack. 2010. Fact Sheet on the President’s Export Control Reform Initiative. Washington, D.C.: The White House.Google Scholar
- Office of the Inspector General. 2004. Office of the inspector general: Deemed export controls may not stop the transfer of sensitive technology to foreign nationals in the US. US Department of Commerce. http://www.oig.doc.gov/oig/reports/2004/BIS-IPE-16176-03-2004.pdf.
- Panel on Scientific Communication, Engineering National Security Committee on Science, and Public Policy. 1982. Scientific communication and national security—the Corson report. Washington: National Academy Press.Google Scholar
- Pielke Jr, Roger A. 2007. The Honest Broker: Making Sense of Science in Policy and Politics. Cambridge University Press.Google Scholar
- Popper, Karl R. 1959. The logic of scientific discovery. New York: Basic Books.Google Scholar
- Price, Don Krasher. 1965. The scientific estate. Cambridge, Mass: Belknap Press of Harvard University Press.Google Scholar
- Sapolsky, Harvey M. 1990. Science and the navy: The history of the Office of Naval Research. Princeton, N.J: Princeton University Press.Google Scholar
- Sarewitz, Daniel R. 1996. Frontiers of illusion: Science, technology, and the politics of progress. Philadelphia: Temple University Press.Google Scholar
- Schatch, Wendy H. 2005. CRS report, the Bayh-Dole Act: Selected issues in patent policy and the commercialization of technology. Congressional Research Service.Google Scholar
- Schnirring, Lisa. 2012. H5N1 mutations, other details unveiled at H5N1 meeting. University of Minnesota. CIDRAP News. http://www.cidrap.umn.edu/cidrap/content/influenza/avianflu/news/apr0312royal.html.
- Shils, Edward A. 1972. The intellectuals and the powers, and other essays. His selected papers, 1. Chicago: University of Chicago Press.Google Scholar
- Slaughter, Sheila, and Larry L. Leslie. 1997. Academic capitalism: Politics, policies, and the entrepreneurial university. Baltimore: Johns Hopkins University Press.Google Scholar
- Slaughter, Sheila, and Gary Rhoades. 2004. Academic capitalism and the new economy: Markets, state, and higher education. Baltimore: Johns Hopkins University Press.Google Scholar
- Smith, Bruce L. R. 1990. American science policy since World War II. Washington: Brookings Institution Press.Google Scholar
- Smith, Tobin L., Josh Trapani, Anthony Decrappeo, and David Kennedy. 2011. Reforming regulation of research universities. Issues in Science and Technology (September): 57–64.Google Scholar
- Star, Susan Leigh, and James R. Griesemer. 1989. Institutional ecology, “translations” and boundary objects: Amateurs and professionals in Berkeley’s Museum of Vertebrate Zoology, 1907-39 19(3).Google Scholar
- Steelman, John Roy. 1947. Science and public policy. Washington: U.S. Govt. Print. Off.Google Scholar
- Stokes, Donald E. 1997. Pasteur’s Quadrant: Basic science and technological innovation. Washington: Brookings Institution Press.Google Scholar
- World Health Organization. 2011a. Cumulative number of confirmed human cases for avian influenza A(H5N1) reported to WHO, 2003–2011. http://www.who.int/influenza/human_animal_interface/EN_GIP_20111215CumulativeNumberH5N1cases.pdf.
- World Health Organization. 2011b. H5N1 Avian influenza: Timeline of major events (updated as of 7 November). http://www.who.int/influenza/human_animal_interface/EN_GIP_20111215CumulativeNumberH5N1cases.pdf.
- World Health Organization. 2012. Report on technical consultation on H5N1 research issues. Geneva. http://www.who.int/mediacentre/news/statements/2011/pip_framework_20111229/en/index.html.
- Young Jr., John J. 2008. Under Secretary of Defense Memorandum for Secretaries of the Military Departments. http://www.aau.edu/WorkArea/DownloadAsset.aspx?id=10846.