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Abstract

"This Article argues that governments ought to proactively consider preemptive legislative or regulatory actions regarding 3D printing. To accomplish this objective this Article looks at the concepts of “permissionless innovation” and the “precautionary principle.” These concepts represent opposing ends of the regulatory spectrum; the former promoting a “wait-and-see” approach while the latter promotes a preemptive or preventative approach to government regulation. After defining these terms the Article will describe the characteristics of technologies that lend themselves either to permissionless innovation or to the precautionary principle. It will provide a few specific areas where policies of each type have been employed, and why it may or may not have been appropriate. The Article then describes 3D printing and its characteristics in order to explain why it would be irresponsible for governments not to take some preemptive steps regarding 3D printing. These steps should be designed to manage the significant health, safety, and national security risks that 3D printing presents, while promoting innovation that enhances and improves our standard of living and the general economic welfare. In this sense, the article responds in opposition to Messrs. Adam Thierer’s and Adam Marcus’ position in their 2016 article Guns, Limbs, and Toys: What Future for 3D Printing?, in which they argue that permissionless innovation should be the default position for 3D printing technology."

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