Digital biopiracy and the (dis)assembling of the Nagoya Protocol

Technological leaps in DNA sequencing and synthesis are disrupting tenuous access and benefit-sharing (ABS) arrangements between ‘users’ and ‘providers’ of genetic resources. For some this signals a new era of open-source gene banks to address global challenges, but to others it threatens a new wave of unjust digital biopiracy. This paper explores the issue of digital sequence information (DSI) at the 2016 Cancun negotiations of the UN Convention on Biological Diversity and its Nagoya Protocol on ABS, and its continued relevance today. While some research has addressed potential solutions to digital sequencing and ABS, little attention has been paid to the problematization of the issue itself. This paper addresses this gap with a fine-grained view of the negotiations as an ethnographic site of contestation.

We approach the Nagoya Protocol as an assemblage seeking to govern ABS. We trace how the unruly component of DSI threatens this already fragile assemblage by disrupting simplified notions of genetic resources, scientific discovery, and R&D. Our data from the negotiations reveals three major points of tension: the materiality of genetic resources; the problem's novelty; and the problem's urgency. Two opposing solutions raised in response to these contestations reveal underlying faultlines that we argue will continue to destabilise the broader ABS assemblage if left unresolved. Our attention to processes of assemblage (trans)formation offers insights to the historically fragile arrangements of ABS and, more broadly, assemblages of global environmental governance in the context of rapid technological change.