Legal ethicist Nita Farahany argues that as intrusions into the human mind through technology are becoming increasingly likely, lawmakers should establish protections for the human rights concerning brain. In her book “The Battle for Your Brain” Farahany warns that advances in neurotechnology could lead to political views, thoughts, and feelings being tracked, and even punished.
The Threat to Privacy
Farahany believes that the tech industry’s massive investment in multifunctional devices that have brain sensors in them means that neural sensors will soon become part of everyday technology. Elon Musk’s Neuralink is working on a brain interface that can read thoughts directly. Moreover, a new field of cognitive-enhancing drugs called Nootropics is being developed. This kind of technology could interfere with the right to have thoughts and raise implications in the justice system. Farahany believes that the brain is the one space we still have for reprieve and privacy, where people can keep how they’re feeling and their reactions to themselves. In the very near future, she warns that it won’t be possible to keep our thoughts private. Advances in neurotechnologies – exploiting a direct connection to the brain – would offer more precise and therefore potentially dangerous forays into a hitherto private realm.
The Need for Brain Protections
Farahany argues that society needs to go further than addressing cognitive warfare or banning TikTok. Legislation is needed to establish brain rights or cognitive liberties alongside raising awareness of the risks of intrusion posed by digital platforms integrated with advances in neuroscience. Neuro rights laws, which include protections on the use of biometric data in health and legal settings, are already being drawn up. Chile became the first nation to add articles into its constitution to explicitly address the challenges of emerging neurotechnologies two years ago. The US state of Wisconsin has also passed laws on the collection of biometric data regarding the brain. However, there is no comprehensive right to cognitive liberty that applies to far more than neurotechnologies but applies to self-determination over our brains and mental experiences. While there are clear benefits to advances in neurotechnology, it is essential to ensure that these benefits are not at the expense of personal liberty. In her book Farahany asks: “Will George Orwell’s dystopian vision of thoughtcrime become a modern-day reality?”
