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jkaufman comments on The Cryonics Strategy Space - Less Wrong Discussion
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Ok, found it. The article considers both the possibility that an embryo counts as a "life in being" and that it does not, so it's not legally settled. They basically end up saying that for legal consistency you can hold the embryo to count or not, and both give bad policy outcomes. So they propose dropping the whole "21 years after the death..." and just using a fixed length of time. They also argue that this fixed length shouldn't be too long, because the point of the rule is to limit the control of previous generations over the use of current resources.