The 1980 Bayh-Dole Act, the 1986 NCVIA, and the 2005 PREP Act destroyed American science and medicine

by Toby Rogers | Aug 22, 2024

This is part II of my series on the Covid response as an example of original sin (part I is here). However I’m coming at it from a slightly different angle today.

I. The state of American science and medicine

What have we learned about American science and medicine over the last several years?

1. American science does not do much actual science. They do marketing, regulatory capture, and mass poisonings but not much actual “science” as that word is usually understood.

2. American medicine creates sickness rather than healing. I know, I know, #notalldoctors. But the profession is deeply sick. #physicianhealthyself

3. American science and medicine abuse their unique epistemic position to increase their own power and wealth at the expense of the well-being of humanity.

4. The proper way to understand American science and medicine today is to see them as criminal cartels. They aren’t making mistakes, these aren’t innocent misunderstandings, the white coat class is engaged in organized crime. Every time you step into a doctor’s office, clinic, or hospital you are likely dealing with an agent of a criminal syndicate.

5. American science and medicine have merged with the state, Big Finance, the pharmaceutical industry, the military, and the intelligence agencies to create a new form of fascism.

6. For decades the business model of American science and medicine was to take vulnerable people (the sick and injured, infants, pregnant women, and seniors) and make them dependent on the medical industrial complex for life via toxic pills, injections, implants, surgeries, and therapies. Apparently there were still too many healthy people remaining (‘money left on the table’). So American science and medicine now create and release weaponized viruses together with billions of dollars in propaganda to generate fear that drives people into cattle chutes of toxic treatments and deadly vaccines.

7. The CDC Child and Adolescent Vaccine Schedule, the CDC Adult Vaccine Schedule, and the Covid response are acts of genocide.

8. From everything we can see, American science and medicine are incapable of reforming themselves.

9. American science and medicine as currently constituted pose an existential threat to the future of the United States, the world, and humanity.

10. Big Food, the pesticide industry, the mobile phone industry, other polluters, and bad personal decisions also contribute to making people sick. All of the industries that I named are owned by the same wealth management funds that are investing our own retirement money into our profitable enslavement and genocide.

We all wish that this wasn’t true. But we can either stare reality in the face and do something about it or perish as a result of normalcy bias

II. What is actual science?

I like this definition of science from the Oxford English dictionary: “the systematic study of the structure and behavior of the physical and natural world through observation, experimentation, and the testing of theories against the evidence obtained.”

I would add that science is a process not an outcome. It’s a commitment to using the best possible methods for gathering and analyzing data while controlling for the natural human tendency toward bias. It’s never settled and always changing.

In the late 1930s and early 1940s, Robert K. Merton created a new field of research — the sociology of science (that is, the social practices of how scientists do their work). In a foundational article and then later in a widely-read book, Merton argued that modern science consists of four norms (re-reading them now it’s clear that many of them are a direct repudiation of Nazi science):

Communality: aka the common ownership of scientific goods. “The substantive findings of science are a product of social collaboration and are assigned to the community…. The scientist’s claim to ‘his’ intellectual ‘property’ is limited to that of recognition and esteem…”

 

Universalism: “truth-claims, whatever their source, are to be subjected to pre-established impersonal criteria… The acceptance or rejection of claims… is not to depend on the personal or social attributes of their protagonist; his race, nationality, religion, class, and personal qualities are as such irrelevant.” [Of course today we would add sex to this list.]

 

Disinterestedness: scientific institutions act for the benefit of a common scientific enterprise, rather than for specific outcomes or the resulting personal gain of individuals within them.

 

Organized Skepticism: scientific claims should be exposed to critical scrutiny and scientists should welcome that scrutiny because it makes the entire endeavor more robust and reliable.

Mertonian norms are often referred to by the acronym CUDOS (communality, universalism, disinterestedness, and organized skepticism).

But science today follows none of these norms.

III. Current social practices in American science and medicine.

Far from the idealized norms of the 1940s, American science and medicine today are characterized by:

Privatized knowledge via a vast intellectual property scheme that enriches a few while causing science in general to slow to a crawl.

Insiderism where powerful gatekeepers with access to resources or the ability to launder results are given privileged status to determine what’s true.

Self-interestedness to the point where about half of published scientific research is non-replicable because scientists faked the results, used improper methods, or otherwise distorted the findings to serve their own interests.

Blind faith in fraudulent data that is maiming and killing people in the real world.

How did this happen?

IV. The destruction of American science and medicine

The destruction of American science and medicine is the result of decades of bad law and policy orchestrated by lobbyists from the pharmaceutical industry.

Substackers Katherine Watt, Sasha Latypova, and Debbie Lerman have done painstaking work to document the entire legislative history that has led us into the current crisis.

I want to highlight three laws in particular that I believe caused the most destruction:

The 1980 Bayh-Dole Act gives recipients of federal scientific research funding (our tax dollars), AND officials at the NIH, FDA, and CDC who decide how to allocate that funding, the right to patent their research methods and outcomes. Prior to the Bayh-Dole Act the results of federally funded research were in the public domain, free for anyone to use. After the passage of the Bayh-Dole Act the entirety of federally funded scientific research is now effectively privatized. All of the self-dealing that we see today, including Anthony Fauci patenting the furin cleavage site on HIV (GP120) and then funding gain-of-function research to splice the furin cleavage site into viruses and developing treatments and vaccines to target the furin cleavage site stem from the broad intellectual property rights established by the Bayh-Dole Act.

(Science-Mart: the Privatization of American Science by Philip Mirowski is the definitive book on the disaster of the Bayh-Dole Act. My thesis includes a short summary of Science-Mart and how the passage of the Bayh-Dole Act also contributed to the autism epidemic.)

As you know, the 1986 National Childhood Vaccine Injury Act gave liability protection to the makers of childhood vaccines. While a number of safeguards were built into the law to require the CDC to take steps to improve vaccine safety and regularly report to Congress, those have all since been ignored or trampled. The CDC Child and Adolescent Vaccine Schedule became a money printing press for Big Pharma because every vaccine added to the schedule generates about $2 billion annually in revenue. In the years that followed the vaccine schedule more than tripled and chronic illness in children increased from 12% to more than 54% today.

The 2005 PREP Act and subsequent amendments extended the liability protections from the 1986 NCVIA to all aspects of the biowarfare industrial complex including the creation of gain-of-function viruses. The PREP Act gave the biowarfare industrial complex the green light to create SARS-CoV-2 and other weaponized viruses because they know that they cannot be sued for their genocidal actions.

Together the Bayh-Dole Act, the National Childhood Vaccine Injury Act, and the PREP Act are the three worst laws in American history. These three laws threaten American sovereignty and the future of humanity.

V. What if we forced science to be scientific again?

Appeals to virtue won’t work. We ask doctors to swear a Hippocratic Oath to “first do no harm” and it makes no difference. Instead we need to remove bad structures and incentives and build new structures and incentives to force science and medicine to live up to the highest values of their profession.

1. Repealing the 1980 Bayh-Dole Act will go a long way toward restoring CUDOS (communality, universalism, disinterestedness, and organized skepticism) to science and medicine.

2. When we repeal the 1986 NCVIA, vaccine makers will actually have to improve their products and show benefits instead of just faking their data by not using saline placebos.

3. When we repeal the 2005 PREP Act the biowarfare industrial complex will face endless lawsuits (both civil and criminal) for their heinous acts.

All three of those disastrous laws must be repealed at once.

But the reforms of science and medicine need to go much further than that. We need to create the equivalent of markets and checks and balances so that scientists and doctors are competing with each other in ways that force them to better serve the interests of society.

4. All intellectual property protections for pharmaceutical products must be removed — retroactively and into the future.

The pharmaceutical industry has proven over and over again that it will abuse any intellectual property regime that exists. All scientific knowledge must be freely available in the commons.

5. The NIH, FDA, and CDC must be abolished and their leadership prosecuted for crimes against humanity.

Instead, the federal government should create a series of $10 billion cash prizes for any inventor who can develop a cure for any of the top 100 diseases. That knowledge would then be freely available in the commons for any manufacturer to commercialize.

6. The right to bodily autonomy, the right of individuals to make all medical decisions free from coercion, and parents’ right to make all medical decisions with respect to their children must be enshrined into the Constitution.

And then we need a series of reforms of private and public scientific and medical institutions.

7. Liability insurance needs to be dismantled and rebuilt.

The reason doctors are following genocidal “standards of care” written by the pharmaceutical industry is because they fear they’ll get sued if they think for themselves. The liability insurance market needs to be free to reward genuine innovation and actuarial insights into what actually makes people sick and what makes them well.

8. Private health insurance needs to be dismantled and rebuilt.

The reason the actuaries at private health insurance companies cannot figure out that vaccines cause more harms than benefits is because they don’t care what healthcare costs. By law they are a “cost plus” business which means that they take the total costs of providing their service and then mark them up by a certain percentage. They never lose. But the rest of us do because they don’t look for efficiencies that would improve health outcomes.

9. State licensing board, private licensing boards, medical societies, and scientific journals need to be dismantled and rebuilt.

The corruption inside of these institutions is mind-boggling. The assaults by state and private medical boards on the best doctors in the world — Paul Thomas, Meryl Nass, Pierre Kory, and Paul Marik (among others) show that these institutions have become criminal cartels. The current leadership needs to be removed and many of these institutions must be shut down. The leading medical societies and medical journals all must be prohibited from accepting any money from the pharmaceutical industry. All pharmaceutical advertising on television and social media must be banned as well.

10. And then (just thinking out loud here) we need some sort of ungameable digital commons where every person is free to describe their reactions to individual drugs and their experiences with individual doctors and hospitals.

We need to build an actual knowledge base of real world experience as an alternative to the manipulated results from contract research organizations working for big pharmaceutical companies. In essence, we need the world’s largest ongoing conversation about what is actually happening with our health and that entire conversation needs to be protected by the First Amendment. I imagine that we could do this in some sort of decentralized way using blockchain technology. All of the data that we have right now is filtered through the pharmaceutical industry and it is fraudulent and unreliable. We need to rebuild the knowledge base in science and medicine from the ground up. Honestly, just forcing Google, Apple, YouTube, and social media companies to publish their algorithms and stop throttling people who are describing their own experience would accomplish a lot of this goal.

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