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07 June 2024 / Harry Lambert
Issue: 8074 / Categories: Features , Profession , Technology , Artificial intelligence , Privacy
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Neurotechnology & the law

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In the first of a series of articles on the interplay between neurotechnology & different areas of law, Harry Lambert brings us up to speed on neurotech capabilities
  • Focuses on ‘neurorights’ from a legal perspective, including how they might apply to different areas of practice, and how other jurisdictions are seeking to protect them.

I want you to consider the list below. Each item is a potential application of monitoring, harvesting and analysing brain wave data from electroencephalograms (EEGs). But which of these neurotech capabilities do you think are: (a) possible in the near future; (b) possible in the long term; or (c) impossible?

In ascending order of radicality and/or dystopian-ness (if that is a word) here is the list:

(1) predicting who will suffer from degenerative diseases;

(2) monitoring levels of fatigue;

(3) checking that someone is listening to you/concentrating;

(4) direct brain-to-brain communication;

(5) ascertaining a subject’s political leanings, religious beliefs or amorous feelings;

(6) implanting dreams about products;

(7) scanning a suspect’s memory to check whether they committed a crime;

(8) ‘reading’ thoughts and translating

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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