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...must be managed according to the rules for human subjects research

I think applying the directive for human subjects research does not imply the humans involved are "human subjects" in the way nuremberg uses the term, because those rules don't appear say anything about being notified or opting out [1].

Correct my history if I'm mistaken, but I think Nuremberg was a result of direct experimentation on humans. It is using the still common definition of "experimental subject", which is the entity which is being studied, i.e. the properties of which are being measured.

I don't think it's practical to say the DoE or DHS cannot study air movement through a city without getting every occupant's approval. And how would that reasoning apply to a new radar dish design at an airport?

1. https://www.directives.doe.gov/directives-documents/400-seri...




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