>>They are using the current state of the law as their definition for what is unethical
>No, they're not. See here: https://news.ycombinator.com/item?id=35837498
They are making arbitrary assumptions for what is a procedure is, when it is in fact open ended, calling it "dangerous, highly experimental, early stage medical procedure"
They are assuming that the same procedure done in monkeys would be done in humans, which is not supported by the quote, or how the real world works.
You can different experiments in humans than monkeys to achieve the same goal, they need not be identical, or even similar.