Regulating (for the benefit of) future persons: a different perspective on the FDA's jurisdiction to regulate human reproductive cloning

The Food and Drug Administration (FDA) has taken the position that human reproductive cloning falls within its regulatory jurisdiction. This position has been subject to criticism on both procedural and substantive grounds. Some have contended that the FDA has failed to follow administrative law principles in asserting its jurisdiction, while others claim the FDA is ill suited to the task of addressing the ethical and social implications of human cloning. This Article argues, that, notwithstanding these criticisms, the FDA could plausibly assert jurisdiction over human cloning as a form of human gene therapy, an area in which the FDA is already regarded as having primary regulatory authority. Such an assertion would require that the FDA's jurisdiction extend to products affecting future persons, i.e., those not yet born. This Article demonstrates, for the first time, that such jurisdiction was implicit in the enactment of the 1962 Kefauver-Harris Amendments to the Federal Food, Drug, and Cosmetic Act and that the FDA has historically relied on such authority in promulgating regulations for drugs and devices.     

Rights and obligations of the persons concerning their genetic data.

The right to privacy is a right that is universally recognised and which encompasses the protection of the genetic codes. However, this is not an absolute right and is limited when certain interests come into play. This article highlights such limits, analysing the different uses that can be made with the genetic data, as well as the dangers that such uses can entail.     

有必要增设利用计算机妨害业务罪

<正>近20多年来,我国在网络犯罪立法方面持续发力,在刑法及修正案立法中,不仅规定了网络犯罪的核心罪名,即针对网络系统的危害行为,规定了非法侵入计算机信息系统罪、破坏计算机信息系统罪等,还规定了拒不履行信息网络安全管理义务罪、非法利用信息网络罪等边缘性网络犯罪。此外,刑法还对利用计算机信息系统实施盗窃、诈骗等犯罪设立了指引性条款。总体而言,刑法对网络犯罪的罪名设置较为科学、完善。但是近年来,犯罪行为类型的演变,以及新型危害网络安全行为的滋生,对网络犯罪立法提出了新的要求。     

The proposed model surrogate parenthood act: a legislative response to the challenges of reproductive technology

In this Article, Manus proposes a Model Surrogate Parenthood Act. He examines the medical and scientific history of surrogacy and reviews the jurisprudence in the area, specifically the constitutional relationship between procreation rights and surrogacy. The author asserts that surrogate motherhood cannot be, and indeed, should not be, eradicated through legislation criminalizing it. The proposed Model Act, presented here in its entirety, attempts to reduce the problems inherent in the concept of surrogate parenthood by putting the process under strict court supervision and by zealously protecting the rights of the surrogate mother and the child to be conceived.     

Attack of the killer acronyms: the future of information technology law

This paper looks at the field of information technology (IT) law and its reliance on the buzzwords, jargon and acronyms that tend to alienate serious discussion about some of the deeper socio‐legal issues involved. It is often easy to become confused by the terminology and the technology, which has led to some non‐issues receiving too much interest (the year 2000 bug for example) and some valuable and worthy topics being almost ignored. Some writers and researchers may be tempted to neglect the field because of a lack of understanding of the technology, which may eventually lead to the end of IT law as a serious field of research. This paper will attempt to re‐ignite the jurisprudential debate about the future of IT law research, teaching and practice by looking at the possible trends emerging from the literature.     

Problems with the regulation of assisted reproductive technology: a clinician's perspective

The use of the Infertility Treatment Act 1995 (Vic) as a model for regulating reproductive technologies throughout Australia poses many problems. This article argues that the legislation in Victoria is overly restrictive. In particular, banning embryo research is hypocritical. Embryo research was required to develop the clinical procedures and should be used to test innovations. Other problems are restricted access; privacy infringement; an intrusive regulatory body; conflicts with other laws; and confusion because of poor drafting or lack of foresight. Uniform statutes are unnecessary. The interests of individuals and the community are better served by regulation through the Reproductive Technology Accreditation Committee.