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Neurotechnology & the law

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