Showing posts with label policy. Show all posts
Showing posts with label policy. Show all posts

Thursday, November 28, 2024

Biden Interior Dept puts together handbook to apply 'indigenous knowledge' into agency practices; Fox News, November 19, 2024

Alec Schemmel , Fox News; Biden Interior Dept puts together handbook to apply 'indigenous knowledge' into agency practices

[Kip Currier: This Fox News article on Indigenous Knowledge (IK) -- also called Traditional Knowledge (TK) -- traffics in "scare/sneer quotes" and is framed from the get-go by its author as a cautionary example of the suggested excesses and dangers of inclusion. This other-ing strategy is a frequent Fox News tactic. In this instance, that tactic seeks to undermine the legitimacy of IK by inferring that the very idea that Native Peoples might be able to contribute to the practice of science is radically unconventional.

The overall aim of the piece has one goal: to marginalize and discredit the inclusion of Native American perspectives in U.S. Interior Department decisions that impact issues like mining, timbering, and drilling on public lands and/or near national parks and wildlife areas.

The Biden administration's Department of the Interior, through the groundbreaking leadership of Deb Haaland -- the first Native American head of the department in its 175-year history -- has, for the first time, instituted policy that includes the knowledge and expertise of Indigenous Peoples. The inclusion of Native persons at decision-making tables that impact their sovereign lands is anathema to the incoming pro-drilling Trump administration because of fears that those perspectives may impede their unchecked economic agenda. As the AP reported on November 22, 2024, in nominating a pro-fossil fuel governor Doug Burghum to replace Haaland as Interior's head:

Donald Trump assigned Doug Burgum a singular mission in nominating the governor of oil-rich North Dakota to lead an agency that oversees a half-billion acres of federal land and vast areas offshore: “Drill baby drill.”

https://apnews.com/article/interior-burgum-public-lands-oil-gas-trump-97f7bc583f0a0de0fb16ea6f89bfbaf1

To better understand IK and TK, let's look at a few definitions from reputable sources. The World Intellectual Property Organization (WIPO), an agency of the United Nations headquartered in Geneva, Switzerland, describes TK as:

knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.

While there is not yet an accepted definition of TK at the international level, it can be said that:

TK in a general sense embraces the content of knowledge itself as well as traditional cultural expressions, including distinctive signs and symbols associated with TK.
TK in the narrow sense refers to knowledge as such, in particular the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations.

Traditional knowledge can be found in a wide variety of contexts, including: agricultural, scientific, technical, ecological and medicinal knowledge as well as biodiversity-related knowledge.

https://www.wipo.int/tk/en/tk/

The U.S. National Park Service (NPS) provides this explanation of IK (accessed on 11/26/24):

Indigenous Knowledge is a body of observations, oral and written knowledge, innovations, practices, and beliefs developed by Tribes and Indigenous Peoples through interaction and experience with the environment.11 It is applied to phenomena across biological, physical, social, cultural, and spiritual systems.12 Indigenous Knowledge can be developed over millennia, continues to develop, and includes understanding based on evidence acquired through direct contact with the environment and long-term experiences, as well as extensive observations, lessons, and skills passed from generation to generation.

https://www.nps.gov/subjects/tek/description.htm

UNESCO, a UN agency based in Paris, France, defines TK as:

Knowledge, innovations and practices of indigenous and local communities around the world. Developed from experience gained over the centuries and adapted to the local culture and environment, traditional knowledge is transmitted orally from generation to generation. It tends to be collectively owned and takes the form of stories, songs, folklore, proverbs, cultural values, beliefs, rituals, community laws, local language and agricultural practices, including the development of plant species and animal breeds. Traditional knowledge is mainly of a practical nature, particularly in such fields as agriculture, fisheries, health, horticulture, forestry and environmental management in general.

Secretariat of the Convention on Biological Diversity (SCBD), Article 8(j): Traditional knowledge and the convention on biological diversity, 2007.

https://uis.unesco.org/en/glossary-term/traditional-knowledge#

Now, having looked at those descriptions of IK/TK, notice what the reporter does in their second paragraph, copied here:

The notion of "indigenous knowledge" puts forward that Native groups possess an understanding about the natural world that others do not, due to their ethnic background.

Observe the quotes around the phrase "indigenous knowledge", as if to call that designation into question. Note, too, the intentional selection of the word "notion", i.e. a belief about something.

The construction "Native groups possess an understanding about the natural world that others do not" neglects to acknowledge that Native Peoples have demonstrated that they do have oral and written traditions going back for generations that can offer unique insights and useful observations about this world. As just one example, a March 2024 Guardian article reported on how observations made by First Nations peoples in British Columbia, Canada enabled the discovery of a "coral reef that scientists say ‘shouldn’t exist’:

For generations, members of the Kitasoo Xai’xais and Heiltsuk First Nations, two communities off the Central Coast region of British Columbia, had noticed large groups of rockfish congregating in a fjord system.

In 2021, researchers and the First Nations, in collaboration with the Canadian government, deployed a remote-controlled submersible to probe the depths of the Finlayson Channel, about 300 miles north-west of Vancouver.

On the last of nearly 20 dives, the team made a startling discovery – one that has only recently been made public.

“When we started to see the living corals, everyone was in doubt,” says Cherisse Du Preez, head of the deep-sea ecology program at Fisheries and Oceans Canada. “Then, when we saw the expansive fields of coral in front of us, everybody just let loose. There were a lot of pure human emotions.

The magnitude of this discovery in Canada is unprecedented:

The following year, the team mapped Lophelia Reef, or q̓áuc̓íwísuxv, as it has been named by the Kitasoo Xai’xais and Heiltsuk First Nations. It is the country’s only known living coral reef.

https://www.theguardian.com/environment/2024/mar/15/canada-moves-to-protect-coral-reef-that-scientists-say-shouldnt-exist

 

However, the extraordinary find of Canada's "only known living coral reef" should not be seen as an isolated one-off; rather, it is another exemplar of ways that IK can work in complementary fashion with Western research to yield advancements in knowledge. As the 2024 coral reef discovery article explains:

The discovery marks the latest in a string of instances in which Indigenous knowledge has directed researchers to areas of scientific or historic importance. More than a decade ago, Inuk oral historian Louie Kamookak compared Inuit stories with explorers’ logbooks and journals to help locate Sir John Franklin’s lost ships, HMS Erebus and HMS Terror. In 2014, divers located the wreck of the Erebus in a spot Kamookak suggested they search, and using his directions found the Terror two years later.

https://www.theguardian.com/environment/2024/mar/15/canada-moves-to-protect-coral-reef-that-scientists-say-shouldnt-exist

 

Furthermore, the Fox News reporter's phrase "due to their ethnic background", arguably, seeks to portray IK/TK as an example of "woke-ness". It's an effort by the reporter to trigger listeners/viewers to dismiss the value of knowledge that derives from Native Peoples. The writer's chosen language strives to depict Native Americans as exceptional from other peoples; this too is another well-used Fox News play: pitting groups against each other to foster divisiveness and distrust.

The bottom line of my critique of this reporter's take on IK/TK is that no one credibly is suggesting that IK/TK must or should supplant Western-based science. Rather, IK/TK is knowledge that can complement other types of science. Indeed, the abstract of this 11/22/24 peer-reviewed article "Rethinking natural hazards research and engagement to include co-creation with Indigenous communities" underscores the value of what the researchers refer to as "bi-lateral knowledge exchange":

Indigenous peoples are widely affected by natural hazards and their history and knowledge can directly inform on past events and mitigation strategies. Here we show how effective co-creation of resources and bi-lateral knowledge exchange between natural hazard researchers and local Indigenous communities provides an effective, equitable, and sustainable way to conduct research.

https://www.nature.com/articles/s44304-024-00034-7 


The phrase "bi-lateral knowledge exchange" sheds light on one more of Fox News' game tactics: rather than "and" Fox wants its viewers to see everything as an "either/or" end game. In other words, not Western science and Indigenous Knowledge. But rather either Western science or Indigenous Knowledge. Co-existence is possible, and exchanges of knowledge can even be advantageous.]


[Excerpt from Fox News article]

"Officials at the Department of the Interior are pushing to finalize a new "implementation handbook" to guide agency decision makers on how to "apply indigenous knowledge" in their day-to-day work. 

The notion of "indigenous knowledge" puts forward that Native groups possess an understanding about the natural world that others do not, due to their ethnic background.

The aim of the new chapter in the agency-wide manual is to "equitably promote the inclusion of indigenous knowledge," but this new supplemental handbook lays out methods for "applying" indigenous knowledge into departmental practices, such as scientific research, environmental compliance work, community resiliency and more...

The nearly 150-page handbook includes a litany of other "approaches" to applying indigenous knowledge into the agency's practices, including how to create "an ethical space to receive indigenous knowledge" and information about how to shield "sensitive" indigenous knowledge from public disclosure laws."

Saturday, April 6, 2024

Where AI and property law intersect; Arizona State University (ASU) News, April 5, 2024

 Dolores Tropiano, Arizona State University (ASU) News; Where AI and property law intersect

"Artificial intelligence is a powerful tool that has the potential to be used to revolutionize education, creativity, everyday life and more.

But as society begins to harness this technology and its many uses — especially in the field of generative AI — there are growing ethical and copyright concerns for both the creative industry and legal sector.

Tyson Winarski is a professor of practice with the Intellectual Property Law program in Arizona State University’s Sandra Day O’Connor College of Law. He teaches an AI and intellectual property module within the course Artificial Intelligence: Law, Ethics and Policy, taught by ASU Law Professor Gary Marchant.

“The course is extremely important for attorneys and law students,” Winarski said. “Generative AI is presenting huge issues in the area of intellectual property rights and copyrights, and we do not have definitive answers as Congress and the courts have not spoken on the issue yet.”"

Wednesday, August 9, 2023

Film and music industries on edge: AI's growing influence stirs fear of job displacement, copyright issues; KATU2ABC, August 8, 2023

KONNER MCINTIRE and JANAE BOWENS , KATU2ABC; Film and music industries on edge: AI's growing influence stirs fear of job displacement, copyright issues

"Currently, the Orrin G. Hatch-Bob Goodlatte Music Modernization Act provides some protection to musicians. It was made law in 2018 and helps to ensure musicians are fairly compensated by publishers.

The law directly addresses piracy which has cost artists billions of dollars.

Five years later, Congressional leaders, including Rep. Darrell Issa, R-Calif.,who serves as the Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, are concerned the law will not protect musicians against AI.

“For Congress, we’re now looking at old challenges with new dangers, including the ever-present threat of piracy as well as artificial intelligence, which pose still unknown questions for intellectual property protection efforts even as they open doors to a new world of technological capability that is, at present, limitless,” the congressman recently wrote in an op-ed.“If we don’t get AI right, it could very well render not only the Music Modernization Act obsolete – but also the policy choices we make next.”"

Wednesday, March 8, 2023

With an unruly China, safeguarding intellectual property is vital to national security; The Globe and Mail, March 6, 2023

 AND , The Globe and Mail; With an unruly China, safeguarding intellectual property is vital to national security

"There is an urgent need for a new Canadian national security policy that considers new and emerging threats.

Such a policy should begin with a strong economic foundation that privileges the domestic development of intangible assets, IP, and the use and commercialization of data, as well as the strategic injection of Canadian technology into international markets. That, in turn, requires a better understanding of the relationship between IP and national security."

Wednesday, October 27, 2021

Learning the Art of Civil Discourse; Ole Miss University of Mississippi News, October 22, 2021

 ,  Ole Miss University of Mississippi News; Learning the Art of Civil Discourse

Students apply ethical theory for decision-making and policy


"The Department of Philosophy and Religion at the University of Mississippi is offering two events in the next few weeks exploring the ethical issues of timely topics.

Just Conversations is a fun event run by students from the Ethical Policy Debates class to explore ethical issues and think about potential solutions through low-key conversation on two hot-button issues. The event is an in-person reception from 5 to 6:30 p.m. Monday (Oct. 25) in the Bryant Hall Gallery. Register by 5 p.m. Friday (Oct. 22) at https://forms.gle/xCS1QNTpZvnvtxQv9.

The second event, The Great Debate of 2021, poses the question “Should patents be waived on COVID-19 vaccines to increase global vaccination rates?” The virtual event on Nov. 11 features presentation of a debate followed by a Q&A between the teams, expert panelists and the audience. All are welcome to attend virtually, especially members of the campus community.

“The Dialogue and Deliberation Initiative events, both Just Conversations and The Great Debate of 2021, bring people together to discuss ethical problems that involve multiple perspectives, competing interests and complex empirical issues in a civil format for productive outcomes,” said Deborah Mower, a UM associate professor of philosophy and the Mr. and Mrs. Alfred Hume Bryant Associate Professor of Ethics.

“We will be focusing on three topics from the slate of fall 2021 Regional Ethics Bowl cases.”

Ole Miss students are conducting research to prepare for discussions about rock climbing on federally protected indigenous cultural sites, the Disney company image and COVID-19 vaccine patents.

“There is no better educational model than the Ethics Bowl for teaching students how to apply ethical theory for decision-making and policy while at the same time fostering skills crucial for civil dialogue,” Mower said."

Thursday, February 20, 2020

WIPO and U.S. Copyright Office Team Up to Talk Copyright in the Age of AI; IP Watchdog, February 17, 2020

Michelle Sara King, IP Watchdog; WIPO and U.S. Copyright Office Team Up to Talk Copyright in the Age of AI

"Earlier this month, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) held a joint event titled, “Copyright in the Age of Artificial Intelligence” (AI) at the Library of Congress in Washington, DC. The event explored how global copyright law and intellectual property law, as well as broader policy, may currently address AI technology, and included dialogue about changes that may be needed. Panelists also shared how AI is being utilized now and what future technology deployment and innovation may look like.

The event was part of a series of conversations organized by the U.S, Copyright Office and WIPO both in the United States and Europe, with the next conversation scheduled for May 11 and 12 in Geneva, Switzerland. The summit illustrated that AI presents unique opportunities for innovation, assuming intellectual property rights are respected, but questions remain in several areas, including whether machine learning is producing “original” work and whether the product of such software is inherently reproductive, derivative or the result of a system or process devoid of human action."

Tuesday, May 23, 2017

American Bar Association Webinar: Trump's Presidency to Date: Effects on IP Law, Business and our Profession, Tuesday, June 6, 2017

American Bar Association Webinar: Tuesday, June 6, 2017
Trump's Presidency to Date: Effects on IP Law, Business and our Profession

Trump's Presidency to Date: Effects on IP Law, Business and our Profession

Tuesday, June 6, 2017
1:00 pm - 2:30 pm EST
1.50 Non-ethics CLE Credit Hours
How has President Trump's first 100 days affected, and will continue to affect, IP law regarding patents, trademarks, and copyrights?
This webinar will discuss the state of IP law coming into the new presidency and what, if anything, has changed or will change. A panel of IP experts will explore a broad range of IP topics, such as selections for future leadership of the USPTO Office, the US withdrawal from the Trans Pacific Partnership, and the selection of the next Supreme Court Justice. In addition, the panel will review congruencies in historical political events effecting IP law and will further discuss the effects of presidential and legislative policies that may affect all types of IP, business and our profession.
Panelists:
  • David Postolski, Gearhart Law, Summit, NJ (Moderator)
  • Thomas Stoll, American Bar Association, Washington, DC
  • Brigid Harrison, Montclair State University, Montclair, NJ
  • Wendell Potter, To Be Fair, Inc.; Tarbell.org, Philadelphia, PA