Taking Bio-Warfare Seriously Sunday, September 23, 2001; Page B06
IN THE WAKE of the terrorist assaults, this country can no longer afford to be complacent about the possibility of biological terrorism. Biological attacks are often dismissed as far-out science fiction or as beyond moral imagination. They are neither. The terrorists have no moral limits, and a crude attack with biological weapons is probably simpler to pull off than what the terrorists accomplished already. Moreover, the country is woefully unprepared for germ warfare. This is an area that needs sustained, high-level attention.
Several of the most dangerous biological warfare agents -- plague and anthrax, for example -- respond to antibiotics, so quick detection of an outbreak and rapid availability of drugs could save huge numbers of lives. But it is critical that adequate supplies of drugs be available and that plans exist for efficient distribution. Yet the planning has been caught up in turf battles, and a serious attack would likely overwhelm the medical system. Moreover, supplies of vaccines for such diseases as smallpox and anthrax are limited.
Another problem -- one the Bush administration has sought to address in its proposed anti-terrorism legislation -- is current criminal law and the regulatory control over potentially deadly microbes. The law forbids only the possession of such materials "for use as a weapon," putting an onerous burden on prosecutors to show malevolent intent in order to bring a case. Moreover, the law specifically exempts "prophylactic, protective, or other peaceful purposes" from its coverage, giving would-be terrorists a potential defense in any case the government does pursue. Designing an appropriate legal regime is difficult, both because the microbes in question are naturally occurring and because the same microbes that can serve as deadly weapons are also essential for research into curing and preventing disease. But this should not prevent the development of a rigorous licensing and regulatory regime and stiff criminal penalties for those who cultivate biological warfare agents without permission.
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