<p>In the same edition of Sciencexpress Policy Forum Ron Fouchier, along with a lead post-doc on the H5N1 work Sander Herfst, and the director of Erasmus’ Institute for Virology Albert Osterhaus, publishes the first systematic justification of the research his group has undertaken (http://www.sciencemag.org/content/early/2012/01/18/science.1218376.full.pdf). The justification is clearly shaped by the criticisms leveled against their work and the recommendations made by the NSABB. Although the authors assert the positive case for their research, they clearly find themselves in a position where their case must be made according to the terms established by the “dual-use” framing of the events. </p><p></p><p>The piece begins by once again calling to mind the case fatality rates of “naturally occurring” H5N1, and assert that given this fatality rate a possible H5N1 pandemic would like be much more deadly than previous flu pandemics. The authors then offer their most crucial assertion, on which the overall justification of their work ultimately turns: that influenza researchers and public health officials have come to believe that H5N1 does not pose an existential threat to human populations because it cannot be made to be transmissible among mammals. It is in the context of these two facts—high case fatality rates and the belief that H5N1 won’t become transmissible in mammals—that Fouchier et al. assert the worth and importance of their undertaking and their findings. The question is not only whether or not H5N1 can become transmissible by respiratory routes; the question is if it can become transmissible without losing its lethality. The answer, they assert, is yes, and that this is precisely what their work has established. </p><p></p><p>The authors conclude the opening portion of their commentary by offering two further justifications for their work: that knowledge of the mutations needed for transmissibility will allow for detection of emerging pandemics through disease surveillance, and that knowledge of the specific mutations will allow for the creation of feed-stocks for new vaccines. The authors do not address the counter-positions on these claims, made by Osterholm and others: neither the criticism that any airborne H5N1 strain emerging in the field is likely to have different mutations nor the claim, nor the criticism that the surveillance and vaccine-response infrastructure is so dysfunctional as to mitigate against bringing new deadly viruses into the world, whatever the public health aspirations. </p><p></p><p>In answering the “dual-use” criticism of their work, the authors introduce a dissonant pair of assertions, which they never fully resolve. The first is that they have done everything necessary to keep their work out of the hands of malicious actors, and to guard against any accidental release: their proposal was reviewed and approved by NIAID; the Dutch Ministry for Infrastructure and the Environment gave them explicit permission to work with airborne H5N1; the Dutch Commission on Genetic Modification reviewed their work and found their facilitates to be adequate for the safe undertaking of work with airborne deadly viruses; they used specialized and redundant lab-safety equipment and procedures commensurate with the requirements of a BSL 3 facility, and were regularly inspected and certified by the CDC, the last inspection having taken place in February 2011. </p><p></p><p>Second, having stressed their assiduous compliance with safety protocols, the authors then go on to argue that their work should be published in full and freely circulated. They explain that their original decision to fully disseminate results was reached in consultation with NIAID, with their colleagues at other NIAID Centers of Excellence in Influenza Research (CEIRS), and with the organizers of the EWSI conference. Nodding to the NSABB’s recommendations, they strongly assert the need for as widespread dissemination as possible, include a wide range of public health officials in affected countries, industrial and governmental organizations working on the creation of new vaccines, and the broader influenza research community. They further assert that there is little sense in redacting their papers, that their methods were not particularly novel, and that existing scientific literature is sufficient to allow others to reproduce their work. This suggestion, that it is relatively easy for others to reproduce their work without the full published details, will be repeated by Fouchier and others. It will be coupled with claims that only “high level” researchers could reproduce what they have done and that we should not worry about the actions of rogue scientists or terrorists. </p><p></p><p>Their critics will point out how much easier it is to simply synthesize a new virus once the specific mutations are known than it is to make it from scratch by passing it through ferrets; the publication of the specific mutations thus drops the bar to access by orders of magnitude in terms of resources and person hours. </p><p></p><p>Fouchier, Herfst, and Osterhaus conclude the defense of their work by offering a final “perspective on dual-use.” They point out that their paper is being treated as exceptional despite the fact that other researchers regularly publish on deadly viruses. They suggest that unlike infectious disease researchers who conduct their experiments in view of the greater good of public health, “biosecurity experts” cannot tolerate risk. This assertion ignores the fact that the NSABB includes several infectious disease researchers, including Osterholm who directs one of the five CIERS. They state “respect” for the NSABB’s decision, but leave open the possibility that they might, in the end, ignore the recommendations. They finish by asserting that they have a moral obligation, in the name of public health, to conduct dual-use research. </p>