Working with artists, activists and educational organizations Yougenics is a series of events and activities using art to enter into discussions about genetics, genomics and biotechnologies.
On April 21, Federal Judge Richard J. Arcara dismissed the government’s entire indictment against Dr. Steven Kurtz as “insufficient on its face.” This means that even if the actions alleged in the indictment (which the judge must accept as “fact”) were true, they would not constitute a crime. The US Department of Justice (DoJ) had thirty days from the date of the ruling to appeal. No action has been taken in this time period, thus stopping any appeal of the dismissal. The only option left for the DoJ would be to re-indict Kurtz.
The ETC Group (yes, I report on their reports a lot) just release a couple of significant news releases... 1. The US Patent & Trademark Office (this past April) ruled against the controversial patent on the "Enola" bean. This story is particularly interesting in a number of ways. The bean's nume, at least as it's known in the US, is derived from the (former) patent holder's wife's name. The "Enola" bean is actually a quite common variety of yellow-colored beans (such as the azufrado and mayocoba - the ones that the Enola is derived from) that John Proctor brought back from Mexico and cultivated in the US in the mid 1990s (the patent was issued in 1999). Proctor's patent actually had the effect of preventing these beans - grown for centuries - from being imported into the US, as they were considered in violation of patent law. The ETC Group is less than celebratory of the decision, however, noting that:
the U.S. patent system allowed the owner of a flagrantly unjust patent to legally monopolize markets and destroy competition - for close to half the 20-year patent term.
2. Biotech companies - like Monsanto, DuPont, BASF, Bayer, Mendel, Ceres, Evogene and Dow - are reportedly stockpiling patents on genetic material related to climate change. They assert that these companies see an opportunity to cash in on the environmental stresses of impending climate change by gaining ownership over advantageous genetic traits. ETC levels a critique of catastrophic climate change scare tactics being used by some government and corporate interests to advance their accumulation of capital, while also pointing out the problems with the utopian rhetoric that biotechnology will save the world from a climate-driven food crisis. The ETC Group's report is available here.
The New York Times reports on the recent unanimous US Senate passage of a bill that has been in the works for about 12 years. Of course, read against the developments of genetic databases like CODIS, discussed in my last post, it's difficult to know what to make of this exactly. Of course, genetic discrimination in the workplace and obtaining health insurance is a reality, so GINA at least addresses the legal obligation of the state to intervene in obvious instances of corporate abuse. But, if, as synthetic biology guru Craig Venter has supposedly said, genetic testing would render virtually everyone uninsurable by insurers' definitions of risk, then there's obviously a much more complicated situation unfolding here than a simple one of easily identifiable discrimination. The general discussion doesn't even touch on concerns of bio-colonialism, or how this wave of science and commerce will differ from previous waves in its effects on expendable and oppressed peoples.
I recently ran across an AP story on a US Federal program authorized by Congress that would allow the Justice Department to collect DNA from anyone arrested or detained, even if not charged. Some thirteen states already had similar laws: Alaska, Arizona, California, Kansas, Louisiana, Maryland, Minnesota, New Mexico, North Dakota, South Dakota, Tennessee, Texas and Virginia. What is of concern, is not just the collection of genetic material but the archiving of it in the National DNA Index System and larger CODIS (Combined DNA Index System). CODIS is actually a software system for organizing and making accessible genetic data, between National, State and Local agencies. Of course, the development of CODIS involves private corporations in its creation and application. Companies like Science Applications International Corporation (SAIC). SAIC, is also notable for its joint venture with Bechtel working on the controversial Yucca Mountain nuclear waste facility. Other companies, like Orchid Cellmark, are involved in genetic testing for both self-surveillance applications (i.e. consumer DNA testing) and state-sponsored surveillance, like CODIS. With the boom in consumer DNA "consulting" that I have written about here in the past, the increase in state indexing takes on some new meaning. As we have seen with communications surveillance, with telecos sharing data with the National Security Agency, for example, there should be little doubt that genetic information could and would cross state-corporate boundaries.
The ETC Group has released a special report on Human Genomics titled "Direct-to-Consumer DNA Testing and the Myth of Personalized Medicine: Spit Kits, SNP Chips and Human Genomics". The introduction states:
In the coming months, ETC Group will publish a series of reports on the impact and implications of human genomics. The topic of the first report in the series is the burgeoning Direct-to-Consumer (DTC) genetic testing industry, which is promising consumers a guidebook for maintaining health as well as a gene-based horoscope predicting future illness. The second report will examine large-scale human genomics projects and their relation to biopiracy. A third report will examine the corporate context – the industry players vying to control and profit from the genomics revolution.
Last Fall, I took a class to witness the "Mobile Technology Unit" - a PR machine created to sell Monsanto's version of corporate agriculture (check out the video they made of its construction). Since that visit, I've been receiving Monsanto newsletters and other PR materials (visitors signed in). Most recently, they sent out a reproduction of a Brownfield news article (Brownfield is an Ag news org - talk about picking a strange name) about the USDA Risk Management Agency's (RMA) approval of a crop insurance program called the "Biotech Yield Endorsement." Available to corn growers in Indiana, Iowa, Minnesota and Illinois, the plan gives insurance premium reductions to those who plant a specific Monsanto produced variety of corn (YieldGard (r) and Roundup Ready (r) combinations). According to USDA RMA officials, this is the first time that such an insurance discount has been offered based on a specific technology. The politics of corn continues...
The New York Times has another, much needed, piece on the rise in genetic tests being offered to people on a consumer level and the lack of oversight and regulation of them.