Why a new bill of rights wouldn't solve the problem
One might consider enacting some kind of bill of rights designed to protect freedom from technological encroachment. For the following reasons I do not believe that such a solution would be effective.
In the first place, a document which attempted to define our sphere of freedom in a few simple principles would either be too weak to afford real protection, or too strong to be compatible with the functioning of the present society. Thus, a suitable bill of rights would have to be excessively complex, and full of exceptions, qualifications, and delicate compromises. Such a bill would be subject to repeated amendments for the sake of social expedience; and where formal amendment is inconvenient, the document would simply be reinterpreted. Recent decisions of the Supreme Court, whether one approves of them or not, show how much the import of a document can be altered through reinterpretations. Our present Bill of Rights would have been ineffective if there had been in America strong social forces acting against freedom of speech, freedom of worship, etc. Compare what is happening to the right to bear arms, which currently runs counter to basic social trends. Whether you approve or disapprove of that “right” is beside the point—the point is that the constitutional guarantee cannot stand indefinitely against powerful social forces.
If you are an advocate of the bill-of-rights approach to the technology problem, test yourself by attempting to write a sample section on, say, genetic engineering. Just how will you define the term “genetic engineering” and how will you draw the line, in words, between that engineering which is to be permitted and that which is to be prohibited? Your law will either have to be too strong to pass; or so vague that it can be readily reinterpreted as social standards evolve; or excessively complex and detailed. In this last case, the law will not pass as a constitutional amendment, because for practical reasons a law that attempts to deal with such a problem in great detail will have to be relatively easy to change as needs and circumstances change. But then, of course, the law will be changed continually for the sake of social expedience and so will not serve as a barrier to the erosion of freedom.
And who would actually work out the details of such a bill of rights? Undoubtedly, a committee of congressmen, or a commission appointed by the president, or some other group of organization men. They would give us some fine libertarian rhetoric, but they would be unwilling to pay the price of real, substantial freedom—they would not write a bill that would sacrifice any significant amount of the organization’s power.
I have said that a bill of rights would not be able to stand for long against the pressures for science, progress, and improvement. But laws that bring a halt to scientific research would be quite different in this respect. The prestige of science would be broken. With the financial basis gone, few young people would find it practical to enter scientific careers. After, say three decades or so, our society would have ceased to be progress-oriented and the most dangerous of the pressures that currently threaten our freedom would have relaxed. A bill of rights would not bring about this relaxation.
This, by the way, is one reason why the elimination of research merely in a few sensitive areas would be inadequate. As long as science is a large and going concern, there will be the persistent temptation to apply it in new areas; but this pressure would be broken if science were reduced to a minor role.
Source material: “Progress vs liberty”, Ted Kaczynski