Annals of Health Law
III. THE CHALLENGES OF MANAGING RESEARCH PROGRAMS
A. Dual-Use Research and Bioterrorism Concerns
In recent years, several non-state organizations have expressed their
intent to harness cutting-edge technology to generate weapons of mass
destruction to maximize physical and social harm and disruption in civilian
populations. In some cases, such organizations actually have deployed
biological agents against civilian populations. For example, in 1984, the
Rajneesh Cult engaged in a mass salmonella poisoning campaign in an
attempt to manipulate the outcome of local elections in Oregon.13 Between
1993 and 1995, the Aum Shinrikyo Sect in Japan attempted to release
botulinim toxin and anthrax in Tokyo.14 More recently, Al-Qaeda publicly
called for Weapons of Mass Destruction experts to join its cause by
developing and testing biological weapons.15 Given this recent history,
DURC has emerged as a legitimate concern for governments and the
13. Philip Elmer-DeWitt, America’s First Bioterrorism Attack, TIME, Sept. 30, 2001,
available at http://www.time.com/time/magazine/article/0,9171,176937,00.html.
14. Archive: Nerve Gas Attack Shocks Tokyo (BBC News broadcast Mar. 1995),
available at http://www.bbc.co.uk/news/world-asia-18455007 (successfully releasing sarin
gas in the Tokyo subway system on March 20, 1995).
15. Associated Press, Pentagon: Al-Qaeda Pursuing Bio Weapons, USA TODAY, May
23, 2003, available at http://usatoday30.usatoday.com/news/washington/2003-05-23-us-
16. Ronald J. Jackson et al., Expression of Mouse Interleukin-4 by a Recombinant
Ectromelia Virus Suppresses Cytolytic Lymphocyte Responses and Overcomes Genetic
Resistance to Mousepox, 75 J. VIROLOGY 1205 (2001).
17. Jeronimo Cello et al., Chemical Synthesis of Poliovirus cDNA: Generation of
Infectious Virus in the Absence of Natural Template, 297 SCI. 1016 (2002).
18. Tumpey et al., supra note 7.
19. U.S. National Library of Medicine & National Institutes of Health, PUBMED
CENTRAL.COM, http://www.ncbi.nlm.nih.gov/pmc/ (last updated Nov. 14, 2011) (many
scientific articles, in addition to subscription-based online publications, are available online