MOVIE REVIEW: ICARUS

Subject:3.6 Law and Technology

(Project Final Draft)

Submitted by
MUSKAN
UID No: UG21-72
BA.LL.B.(Hons) Five-Year Integrated Degree Course
Academic Year:2022-23
Year: III Semester: V

Submitted to

Ms. Deesha Khaire

Assistant Professor of Law

November 2023

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Table of Contents

INTRODUCTION.............................................................................................................1

RESEARCH METHODOLOGY.....................................................................................2

Literature Review..............................................................................................................3

Application of Technology in the movie Icarus...............................................................4

Misuse of doping technology in the movie Icarus and probable plotline if such misuse

had not occurred................................................................................................................5

Ethical and moral issues of doping...................................................................................7

Social issues of doping.......................................................................................................8

Political and Economic issues of doping..........................................................................9

Legal implications if the movie had been a reality........................................................10

Legal Framework for doping at an international level.............................................10

Legal Framework for doping at national level..........................................................11

Conclusion........................................................................................................................12

Bibliography....................................................................................................................13
 INTRODUCTION

“The synopsis of the film is centred around the time when Bryan Fogel establishes
contact with Russian scientist Grigory Rodchenkov, the head of Russia's national
anti-doping laboratory, while looking into the covert realm of illicit doping in
sports. In order to support Fogel's experiment and demonstrate the shortcomings of
the way athletes are now tested for drugs, Rodchenkov devises a scheme for Fogel
to use illegal performance-enhancing substances in a way that will avoid detection
by drug testers. Fogel and Rodchenkov become friends while Fogel keeps up his
training, and Rodchenkov eventually admits that he is in charge of Russia's state-
sponsored Olympic doping programme.

As claims concerning the potential existence of this programme surface in the

international press, Fogel determines that Rodchenkov faces the threat of being
‘silenced’ by the Russian government and arranges for his flight to Los Angeles.
Rodchenkov was hired to step up the operation following the Russian team's
embarrassing performance in the 2010 Winter Olympics in Vancouver. They use
his knowledge of the doping programme to speak to the U.S. Department of Justice
and the New York Times, claiming that Russia has been involved in Olympic
doping for decades.”

Rodchenkov testifies in front of the camera that he and his team used the Federal
Security Service's assistance to replace the Russian national team's steroid-tainted
urine samples with clean ones during the 2014 Winter Olympics in Sochi in order
to avoid being detected. The World Anti-Doping Agency and the International
Olympic Committee are forced to look into his claims of Russian involvement
after he gives them spreadsheets, CDs, emails, and other incriminating data.1

Rodchenkov is placed in protective custody by US Law Enforcement once his

statements are validated by an independent investigation conducted by WADA.
Jim Walden, Rodchenkov's attorney, makes a fleeting cameo appearance in the
movie to discuss the threats against Rodchenkov and the dubious deaths of two of

1
Gwilym Mumford, “Icarus Review- Netflix doping scandal is flawed but fascinating”, The
Guardian, 4 August, 2017, https://www.theguardian.com/film/2017/aug/04/icarus-review-netflix-
doping-wada-russia.

1
his associates. The movie concludes with the announcement that Rodchenkov is
still being held in protective custody and that the Russian government is still
refusing to acknowledge any role in the programme. With regard to the previously
described film, this study examines the interdisciplinary approach of technology
and law and assesses the film from this angle.

RESEARCH METHODOLOGY
The method used to approach the afore-mentioned study in this research paper is
the doctrinal method of research. It is source-based research which gathers its
content from written sources such as textbooks, journals, articles, and reports. This
method is both analytical and descriptive in nature. The issues in this project have
been examined thoroughly by applying intensive literature review. The researcher
has made effort to critically examine all sources to provide an insightful and
perspicacious analysis. Opinions of previous researchers and scholars who have
dealt with a similar issue has also been used as a source for holistic research.

RESEARCH OBJECTIVES
 To discern the application of technology depicted in the movie Icarus and
to ascertain whether the said movie portrays use or misuse of technology.
 To elucidate on the various moral, ethical, economic, social and political
issues raised by the use of such technology.
 To fathom the various possible legal implications of the said movie, if it
had been a reality and to discover whether there is any existing legal
framework with respect to such technology.

RESEARCH QUESTIONS
1. What application of technology is depicted in the movie?
2. Whether the movie portrays use or misuse of technology?

2
 3. What are the various moral, ethical, economic, social and political issues
raised by the use of such technology?
4. What could be the possible legal implications of the said movie, if it had
been a reality?
5. Do we have an existing legal framework with respect to such technology in
national or international level?

Literature Review

 “Scientific, Philosophical and legal considerations of doping in sports”

“by Massimo Nergo, Natale Marzullo and Giuseppe D Antona (2018)
Attention is paid to the question that whether it is right or not that an athlete
should be allowed to do whatever he wants to in order to increase his
performance? A point is emphasized that doping should be given
philosophical consideration also for this contradiction and paradox should
be given attention, that doping not only affects health but also the ethics of
sports. In sports not only drugs have to be taken in to account but also the
food supplements that can increase both physical and mental performance
should also be paid equal attention. When addressing doping cases,
scientific, legal, and philosophical factors should be taken into account in
addition to the fact that doping is a substance that may have an impact on
one's health.”

 "Adolescent athletes' motivation for sports and doping" by Jiri Murak,

Pavel Slepicka, and Irena Slepickova (2018) Examining doping from a
motivational standpoint, the subject of what adolescents' doping intentions
and achievement goals are in sports competitions was posed. A
questionnaire was distributed to 1035 teenagers who were competing in
sports so that the factors of motivation, goals, moral attitudes, and doping-
related conduct could be evaluated. The study's conclusion was that

3
 psychological considerations should be taken into account when designing
anti-doping measures, as motivation in athletics is important.

 Francesca Della and Gaetano Raiola's "Development of doping in sports:

Overview and Analysis" (2018). It is made clear that doping is a common
practise among amateur and professional athletes alike. Everyone wants to
win, thus in an effort to improve their physical performance, people are
engaging in these risky and unhealthy unlawful behaviours. The
recommendations made include that athletes should be made aware of the
potentially harmful impact these substances may have on their bodies and
health. The Ministry of Health ought to implement preventative measures,
and research facilities ought to make every effort to find novel materials.

Application of Technology in the movie Icarus

“The movie depicts the misuse of the technology of doping. Earlier, utilised for
ethical health purposes, now both nationally and internationally, doping is a major
problem. In addition to being unethical, doping is also morally and ethically
wrong. The real solution is for athletes, their trainers, coaches, and the authorities
to ensure that there is no bias and no use of drugs or performance-enhancing
substances on their part. Doping has a direct impact on sporting events and is a
more general term because new drugs and substances are constantly being
developed.2 Doping is the use of certain medicines to increase one's performance
and endurance.

The International Olympic Committee strives for a drug-free sport and views
doping as immoral and illegal. Sportsmen frequently use drugs to enhance their
performance without worrying about getting caught. Occasionally, they do not
realise the negative effects of these drugs on their bodies. Using drugs not only
ruins the spirit of competition but also draws attention to corruption and the unfair

2
Badrak K.A., “Physical culture: upbringing, education, training”, 2010, vol.1, pp. 70-72.

4
victory of an undeserving athlete.3 Many endurance athletes in swimming, cycling,
and long-distance running used special doping recipes in the 19th and early 20th
centuries as a means of gaining a competitive edge. These recipes included a
specially formulated mixture of ingredients like brandy, caffeine, cocaine, and
heroin that were intended to reduce fatigue, improve mental focus, suppress
hunger, and lessen the pain of physical extortion. Up until the middle of the 1920s,
the Sports Federation had approved the use of these doping formulas. After a few
well-known sportsmen nearly passed away during competition, the government
took action to outlaw drugs.4

Methamphetamine was first synthesised in 1919 by a Japanese chemist as a more

potent and simpler-to-manufacture form of earlier drugs derived from the Chinese
plant known as Mao hung. At moderate doses, methamphetamine improves mood,
sharpens mental focus, decreases appetite, increases energy, and promotes weight
loss; at higher doses, the drug can naturally induce violent behaviour, seizures,
psychosis, and muscle loss. During World War II, the military in the United States,
Germany, the United Kingdom, and Japan decided it would be a good idea to give
methamphetamine tablets to their soldiers.

Methamphetamine first appeared in sports competitions in the 1950s when Italian

and Dutch cyclists started using the drug in place of cocaine to help them recover
from fatigue during multi-stage races. Tommy Simpson, a British cycling
champion and the captain of the British national team for the 1967 Tour de France,
tragically became the first victim of methamphetamine misuse during racing in the
1960s. The declared cause of Simpson's death was heart failure from tiredness, but
an autopsy found that he had methamphetamine and alcohol stimulants in his
system when he collapsed and died on the thirteenth stage of the race.”

3
Badrak K.A., “Primary prevention of doping in sports today”, “Educational program and
guidelines”, Sankt Petersburg, 2011, 64 p.
4
Coleman, Doriane Lambelet, and James E. Coleman. “The Problem of Doping.” Duke Law
Journal 57, no. 6 (2008): 1743–94.

5
Misuse of doping technology in the movie Icarus and probable
plotline if such misuse had not occurred
One moment in particular stands out among all the amazing sequences in the new
documentary-thriller Icarus, which forensically examines how Russia tainted the
London 2012 Olympics and the 2014 Winter Olympics in Sochi through the eyes
of its main character: the response of prominent anti-doping figures to the film's
director, Bryan Fogel’s shocking revelation. He informs them, "This is the
spreadsheet of every single Russian athlete on the state mandated protocol," during
a meeting in May of last year in Los Angeles. "What each and every athlete
brought to London, including their collection and sample numbers"

The esteemed director of the Montreal testing laboratory, Dr. Christiane Ayotte,
raises her hands to her face. The striking chair of the World Anti-Doping Agency's
Athletes Commission, Beckie Scott, appears shocked. Her International Olympic
Committee counterpart, Claudia Bokel, shakes her head. Olivier Niggli, the
director general of Wada, is tense and tight. But Fogel is just getting warmed up.
He goes on, "Christiane will find that all of these samples are positive when she
returns and tests them correctly." "We have all of their protocols from 1968, and
we have the identical ones from the London Games. Russia has never had an anti-
doping policy.

Rodchenkov is the one who reveals the astounding - and officially sanctioned -
deception during the Winter Olympics in Sochi, wherein Russian athletes' urine
tests that were found to contain prohibited substances were exchanged for clean
samples. And it was via Rodchenkov that Canadian attorney Richard McLaren
received irrefutable proof that the issue permeated other sports, contained in
thousands of data that had been smuggled out of Moscow on different hard drives.

It is demonstrated that intelligibility is insufficient to detect cheating. Too few

people to conduct comparable research on other nations as Russia does. In
addition, there are insufficient blood and urine tests for human growth hormone or
EPO, despite all the testing shortcomings. The movie Icarus was originally

6
intended to demonstrate how simple it is to get over the anti-doping system, but it
takes a dramatic turn in 2015 when Rodchenkov, fearing for his life, leaves
Moscow with Fogel's assistance. In the end, it serves as a sharp reminder that an
odd bond between a filmmaker and a heretic—rather than testing—was what
ultimately exposed the spectacular scope of Russian doping. In the aforementioned
movie, if the said misuse of doping had not occurred and legitimately state
sanctioned, then the whole plotline would have been vitiated and would not have
occurred in the first place.

Ethical and moral issues of doping

Professor Sandel discusses the ethics of enhancement as they relate to sports in
The Case Against Perfection: Ethics in the Age of Genetic Engineering. 5 His main
argument is that moral success in sports demonstrates "the gifted character of
human powers and achievements." In addition to "effort and striving, grit and
determination," and "grace and effortlessness," he lists these gifts as "talents and
powers that are not wholly our own doing, nor even fully ours, despite the efforts
we expend to develop and to exercise them." Doping is "troubling because it
distorts and overrides natural gifts," according to Sandel. Her justification for this
is that by "evaluating the rules of athletic competition for their fit with the
excellences fundamental to the sport, one may "identify improvements that
improve from those that corrupt."

This final phase, according to Sandel, is required to ensure that "sport [does not]
fade into spectacle, a course of amusement rather than a subject of appreciation,"
In conclusion, Sandel makes the case that "our appreciation for the gifted character
of human powers and achievements" is critical to safeguard "key features of our
moral landscape- humility, responsibility, and solidarity." In an essay titled "In
Defence of Prometheus: Some Ethical, Economic, and Regulatory Issues of Sports
Doping," published in this edition of the Duke Law Journal, Judge Posner
5
CHWANG, ERIC. “Why Athletic Doping Should Be Banned.” Journal of Applied Philosophy 29,
no. 1 (2012): 33–49.

7
addresses Professor Sandel.6 When it comes to determining "which modes of
athletic performance enhancement harm a sport and which do not," Judge Posner
mostly concurs with Sandel. Posner clarifies in particular that: -

“Sandel is on to something in relating the objections to sports doping to the

"nature" of sports .... The relation lies in the innate human delight - archaic as it
may seem in our age rich in egalitarian pretence - in innate human hierarchies,
such as hierarchies of height, strength (though it is innate only to a degree, being
part of the activities in which a person engages, even he is not deliberately body
building), agility, physical coordination, beauty, brilliance, and musical talent. . .
These attitudes inform human beings love of sports, which isolate and exhibit
innate hierarchies....”

Social issues of doping

The issue of using substances with natural, synthetic, or narcotic origins to enhance
performance is not exclusive to elite sport, as evidenced by studies of culture
surrounding the doping phenomenon and philosophical examination of the "ends
and means" correlation and compliance in a range of social activities. These
studies also highlight the connection between the use of doping in sports and the
pharmacolization of modern society.7 Sport not only reacts to social issues, but also
serves as a particular indicator of them. Everything said above indicates that
doping-related social issues are explicitly relevant, that the social dimension of
sport needs to be specially abstracted, and that study on how sport affects other
spheres of social life is still ongoing.

When athletes use doping preparations, it puts everyone around them in peril. The
authors point out that making a lot of preparations causes athletes' behaviour to
change (for example, becoming more aggressive), which is not motivated

6
Shermer, Michael. “The Doping Dilemma.” Scientific American 298, no. 4 (2008): 82–89.
7
Strulik, Holger. “Riding High: Success in Sports and the Rise of Doping Cultures.” The
Scandinavian Journal of Economics 114, no. 2 (2012): 539–74.

8
behaviour and can lead to the creation of socially unsafe situations. The doping
problem affects young people and sportsmen-amateurs in a variety of sports, and it
is not limited to professional athletes. At this point, it has become a severe issue
for the population of Ukraine's health protection.8

First and foremost, anxiety is caused by doping in children's junior sports. First off,
compared to fully grown organisms, the long-term harmful impacts of athletes of
this age taking banned preparations are the most pronounced. Second, a novice
athlete who does drugs truly robs himself of additional strategic opportunities in
sports since regular training ceases to produce the desired effects following doping.
Thirdly, the public's perception of sports is greatly influenced by these facts.
Psychologists and social workers are certain that the use of injections or tablets to
treat difficulties is a clear example of "drug-taking behaviour" and can be used to
model "doping behaviour."

Political and Economic issues of doping

A large body of survey data (Solberg et al. 2010, Engelberg et al. 2012) and some
data on TV audience reactions indicate that drug usage is perceived by the public
as a threat to sports and as harming a sport's reputation (Van Reeth 2013).
Legislators, the media, and many sports professionals all agree that doping is bad
for sports. Lastly, there is indirect evidence from the Tour de France that following
the discovery of doping, live broadcasters are less inclined to cover an event and
sponsors are less likely to support it (Buechel et al. 2014).9

Our latest research provides the first conclusive proof that news regarding drug
usage has a detrimental impact on sports event demand (Cisyk and Courty 2015).
The evidence evaluates actual demand responses rather than consumer perceptions
and is based on ticket sales (as opposed to survey respondents chosen at random).
8
Posner, Richard A. “In Defense of Prometheus: Some Ethical, Economic, and Regulatory Issues
of Sports Doping.” Duke Law Journal 57, no. 6 (2008): 1725–41.
9
Coates, Dennis C. “Weaponization of Sports: The Battle for World Influence through Sporting
Success.” The Independent Review 22, no. 2 (2017): 215–21.

9
We take advantage of Major League Baseball's implementation of a new set of
random drug tests in 2005. A positive test is now publicly disclosed right away,
and the player is cut from the squad under this new policy. This policy provides
distinct information for examining how drug offences affect attendance.

Approximately, the cost of a performance-enhancing substance infraction to the

team that violates it is 1.1% of yearly revenue, or $451,000, when the savings from
not having to pay the suspended player are taken into consideration. We also
demonstrate how the league's demand is impacted by infractions committed by any
player. Despite being little, this additional effect has significant economic
implications because there are thirty clubs in the league. This proves that
infractions have detrimental effects on all of the clubs in the league.10

Furthermore, the nation that is breaching the aforementioned technology damages

international politics. That is to say, a nation that violates it will be seen as inferior
in all other sports, which will significantly reduce its soft power—a crucial factor
in determining a nation's strength and influence in international politics. The
expenditures incurred for an Anti-Doping Rule Violation (ADRV) are among the
fines that an Anti-Doping Organisation (ADO) may have incorporated in their anti-
doping regulations, loss of revenue or financial assistance, including from
government grants and other sources, as well as by not competing in the
competitions, loss of funding as a result of sponsor withdrawal, obligation to pay
back the sponsor, if specified in the agreement, payment of the award money,
implications for one's ability to pursue employment in the future.

Legal implications if the movie had been a reality

If the aforementioned movie of Icarus had been a reality, which it actually was a
few years back in Russia (due to the movie being a documentary), the following
mentioned legal framework and organisations would be working in order to

10
“‘Doping in East and West between 1960-1990.’” Historical Social Research / Historische
Sozialforschung 32, no. 1 (119) (2007): 305–15.

10
penalise every person who participated in the said scheme and whoever facilitated
it.

Legal Framework for doping at an international level

In 1999, the World Anti-Doping Agency (WADA) was founded. Its main office is
in Montreal, Canada. It was established as a foundation at the IOC's initiative, with
assistance and involvement from governments, public agencies, intergovernmental
organisations, and other public and commercial entities combating doping in
sports.
It was established in compliance with the Lausanne Declaration's provisions,
which called for the establishment of an autonomous global anti-doping.11

Over 650 sporting organisations, including national anti-doping agencies,

international sports federations, the International Olympic Committee, and the
International Paralympic Committee, have ratified the World Anti-Doping Code,
which is overseen by WADA. It seeks to spearhead an international cooperation
movement for doping-free sports. WADA operates based on the following
fundamental ideals and principles:
defending each athlete's rights on anti-doping and enhancing sports integrity,
creating guidelines, protocols, and practises that uphold integrity, fairness, and
equity. The group strives to be diverse, is unbiased and open, and pays attention to
the athletes' voices.

It creates creative and useful solutions so that interested parties can carry out anti-
doping initiatives, supervising the adoption, application, and observance of the
Code—the fundamental instrument that unites anti-doping laws, policies, and
guidelines globally, explaining the risks and repercussions of doping to young
athletes, coaches, doctors, trainers, and parents through values-based education
programmes, utilising the Anti-Doping Administration & Management System
(ADAMS), a single clearinghouse, to coordinate anti-doping efforts worldwide,

11
Henne, Kathryn. “WADA, the Promises of Law and the Landscapes of Antidoping Regulation.”
Political and Legal Anthropology Review 33, no. 2 (2010): 306–25.

11
communicating with athletes and their entourage to raise awareness of the effects
of doping, collaborating closely with the government, law enforcement, and Anti-
Doping Organisations (ADOs) to support the exchange of information and the
collection of evidence.

Legal Framework for doping at national level

In 2022, the National Anti-Doping Bill was approved by the Rajya Sabha. The Bill
was presented to the Lok Sabha on December 17, 2021, and it was passed on July
27, 2022, with certain official amendments made in response to recommendations
and proposals made by the Parliamentary Standing Committee and other
significant stakeholders. On July 28, 2022, it was introduced in the Rajya Sabha.
As a result, the Parliament has passed the Bill. One noteworthy aspect of the Bill
deliberations12 was the overwhelming endorsement of the Bill by members from all
political stripes.

“
The salient features of the Bill are as follows:

 Statutory framework in the form of legislation for prohibition of doping in

sports and enforcing anti-doping activities in the country.
 The proposed Bill intends to accomplish: -
 Building institutional capabilities in anti-doping and enabling hosting of
major sports events;
 Protecting rights of all sportspersons;
 Ensuring time-bound justice to athletes;
 Enhancing cooperation among agencies in fighting doping in sports;
 Reinforcing India’s commitment to international obligations for clean
sports;

12
Hewitt, Melissa. “An Unbalanced Act: A Criticism of How the Court of Arbitration for Sport
Issues Unjustly Harsh Sanctions by Attempting to Regulate Doping in Sport.” Indiana Journal of
Global Legal Studies 22, no. 2 (2015): 769–87.

12
  Independent mechanism for anti-doping adjudication;
 Providing legal sanctity to National Anti-Doping Agency (NADA) &
National Dope Testing Laboratory (NDTL);
 Establishing more Dope Testing Labs;
 Creating job opportunities both, directly & indirectly; and
 Creating opportunities for academic research, science and manufacturing
relating to Anti-Doping.
 Establishing standards for the manufacturing of nutritional supplements for
sports in India.”

Conclusion

The documentary of Icarus gold is quite as fortuitous as it elucidates on the story

of Bryan Fogel, the man behind the revelatory account of Russia’s state-sponsored
doping program. Fogel is also a keen amateur cyclist and, in the wake of the Lance
Armstrong scandal, set out to prove just how easy it was to evade cycling’s
creaking testing system by competing chemically enhanced in the same prestigious
amateur race that he had struggled in the year before. Through the interdisciplinary
research done in this project, one can deduce that there are a lot of ethical, moral,
social, political and economical issues in consonance with the misuse of doping in
sports. One can also deduce that the available legal framework still needs some
essential amendments in order to ensure there are no major loopholes for people
intending to violate it.

Bibliography

 Hewitt, Melissa. “An Unbalanced Act: A Criticism of How the Court of

Arbitration for Sport Issues Unjustly Harsh Sanctions by Attempting to

13
 Regulate Doping in Sport.” Indiana Journal of Global Legal Studies 22, no.
2 (2015): 769–87.
 Henne, Kathryn. “WADA, the Promises of Law and the Landscapes of
Antidoping Regulation.” Political and Legal Anthropology Review 33, no.
2 (2010): 306–25.
 Coates, Dennis C. “Weaponization of Sports: The Battle for World
Influence through Sporting Success.” The Independent Review 22, no. 2
(2017): 215–21.
 “‘Doping in East and West between 1960-1990.’” Historical Social
Research / Historische Sozialforschung 32, no. 1 (119) (2007): 305–15.
 Strulik, Holger. “Riding High: Success in Sports and the Rise of Doping
Cultures.” The Scandinavian Journal of Economics 114, no. 2 (2012): 539–
74.
 Posner, Richard A. “In Defense of Prometheus: Some Ethical, Economic,
and Regulatory Issues of Sports Doping.” Duke Law Journal 57, no. 6
(2008): 1725–41.
 Shermer, Michael. “The Doping Dilemma.” Scientific American 298, no. 4
(2008): 82–89.
 CHWANG, ERIC. “Why Athletic Doping Should Be Banned.” Journal of
Applied Philosophy 29, no. 1 (2012): 33–49.
 Badrak K.A., “Physical culture: upbringing, education, training”, 2010,
vol.1, pp. 70-72.
 Badrak K.A., “Primary prevention of doping in sports today”, “Educational
program and guidelines”, Sankt Petersburg, 2011, 64 p.
 Coleman, Doriane Lambelet, and James E. Coleman. “The Problem of
Doping.” Duke Law Journal 57, no. 6 (2008): 1743–94.
 Gwilym Mumford, “Icarus Review- Netflix doping scandal is flawed but
fascinating”, The Guardian, 4 August, 2017,
https://www.theguardian.com/film/2017/aug/04/icarus-review-netflix-
doping-wada-russia.

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