In an era where technology is rapidly advancing, the intersection of neuroscience and digital innovation is opening up possibilities previously considered as science fiction. Neurotechnology, that includes innovations like brain-computer interfaces (BCIs) and neural  implants, not only offers new ways of treating neurological disorders, like Parkinson’s Disease, but also has tremendous potential to improve the human condition and advance our species, even merging the brain with artificial intelligence (AI).

Due to Neurotechnology’s transformative nature, it raises profound ethical and legal challenges that have never been envisioned before. Existing treaties cannot provide comprehensive protection this new era requires. This demands for a new protection framework: neurorights.

This blog seeks to introduce the concept of neurorights, highlight the ethical implications of advancing neurotechnology, and advocate for appropriate regulatory frameworks. It is essential to engage the public in critical thinking and encourage discussions about shaping laws and policies to these new areas of vulnerability.

Neuralink’s first human trial participant

What Are Neurorights?

Neurorights are a proposed set of fundamental human rights designed to protect the integrity of the individual’s mental processes and neural data. As neurotechnology evolves, the potential for both positive applications and misuse grows.

Some ethical concerns often intersect with other biological and computational technologies, like genetics and AI, which are data security, transparency, fairness and participant wellbeing. However, neurotechnology introduces 2 new ethical challenges: mental privacy, freedom of thought and human agency.

Mental privacy is the presumption that the contents of a person’s mind are only known to that person alone. Human agency refers to one’s free will and bodily autonomy. Neurorights aim to safeguard individuals against possible threats such as cognitive manipulation, unauthorized surveillance, misuse of neural data, and the exacerbation of social inequalities.

The Importance of Neurorights

Neurotechnology will most likely expand beyond the medical field into sectors like education, entertainment, law, research, military, it is critical to ensure its ethical application. Unlike its predecessor, neurotechnology directly interacts and affects the brain which raises unique ethical concerns.

In the near future, neurotechnology would have the power to access the brain’s most sensitive and personal information. Even outlandish hypothetical scenarios may be within reach, such as sophisticated neuroimaging techniques that can be used as an interrogation tactic.

The development and implementation of neurorights is not just a theoretical exercise, it is a necessary step to ensure that the use of neurotechnology respects and enhances human dignity rather than undermining it. For instance, without the right to mental privacy, employers or governments could exploit neural data for surveillance, infringing on one’s freedom and privacy.

Legislation and Global Standards

To implement neurorights, international cooperation and comprehensive legal frameworks are essential. Since Elon Musk’s Neuralink first human trial, there is a growing movement to integrate these rights into existing human rights treaties and create specific regulations that address the nuances of neurotechnology.

Ethically, the development and application of neurotechnology should be guided by principles of beneficence, non-maleficence, autonomy, and justice. Stakeholders, including scientists, ethicists, policymakers, and the public, must engage in ongoing dialogue to balance innovation with ethical responsibility.

Looking Ahead

As we face thrilling opportunities coming our way, the need to protect the sanctity of our mind and cognitive spaces becomes critical. By incorporating neurorights into law and practice, we can ensure that the neurotechnological revolution benefits humanity while preserving our core values.

The future of neurotechnology brings hope, but it must be navigated with care and foresight. Neurorights offer a pathway to harness the full potential of these advancements while safeguarding the fundamental aspects of what it means to be human.

References:

• Parikh, P. M., & Venniyoor, A. (2024). Neuralink and Brain-Computer Interface-Exciting Times for Artificial Intelligence. South Asian journal of cancer, 13(1), 63–65. https://doi.org/10.1055/s-0043-1774729
• Istace T. (2022). Neurorights: The Debate About New Legal Safeguards to Protect the Mind. Issues in law & medicine, 37(1), 95–114.
• Yuste, R., de la Quadra-Salcedo, T., & Fernández, M.G. (2023). Neuro-Rights and New Charts of Digital Rights: A Dialogue Beyond the Limits of the Law. Indiana Journal of Global Legal Studies 30(1), 15-37. https://doi.org/10.2979/gls.2023.a886161.