JEAN MONNET NEURALAW MODULEFACULTY OF LAW

Neuralaw

ABOUT THE MODULE

We are currently witnessing an unstoppable speeding-up of links between Big Data technology and Artificial Intelligence, on the one hand, and medical nanotechnology and neuroscience, on the other. This is leading to an increase in the production and distribution of intelligent neural devices that send information from the brain to computers - in a not-too-distant future, such devices will be able to rewrite the neural connections in our brains. Brain-computer interfaces were originally designed to deal with certain health conditions and to build a more inclusive society, although new emerging trends would seem to suggest a move towards cognitive enhancement and stimulation of the brain with a view to modifying behaviour. This technology can be found at the crossroads of neurocapitalism, autocracy and fundamental rights.

The scenario regarding social coexistence and mentally “enhanced” individuals is starting to become a reality, and it therefore makes sense to forewarn of a risk that states will give in to the temptation to use these technologies in order to keep their population under closer control. Under such a paradigm, the EU would appear to be the natural stage for supranational regulation, although this issue has, to a great extent, been left out of recent EU debates about artificial intelligence. The Jean Monnet nEUraLAW Module identifies and examines the ethical challenges and risks attached to these trends before they become widespread across the EU. nEUraLAW is a multidisciplinary project that brings together experts in Law from the EU, fundamental EU rights, Biomedical Law and data protection by linking them up with neuroscientists and engineers.  The key objective is to establish dialogue based on science and facts in all areas of knowledge, with a view to enabling participants to categorise risks and encourage a regulatory change that will help to ensure that citizens’ interests remain at the heart of such developments.

Contact

JEAN MONNET NEURALAW MODULE

Avda. de las Universidades 24 
48007 Bilbao


944 139 003
Ext: 2854
marialuisa.sanchez@deusto.es

 

nEUraLAW

KEY AREAS

nEUraLAW identifies specific areas that link EU studies with neurotechnology integrated with artificial intelligence – within the field of EU competences and powers:

 

CONSTITUTIONAL RESTRICTIONS

Neurotechnologíes used by executive power and their impact on concepts such as "citizenship" and "democracy"

PROTECTION OF FUNDAMENTAL RIGHTS

Right to personal identity, free will in view of algorithmic manipulation, and neural data privacy (neuroprivacy)

EGALITARIAN ACCESS TO COGNITIVE ENHANCEMENT

Including cooperation in terms of development, in line with EU foreign policy.

CONSUMER PROTECTION IN THE ERA OF NEUROCAPITALISM

Regulations governing security and risks associated with neuroprosthetic devices – potentially within the field of the 1990 Directive governing active implantable medical devices (AIMDs).

USE OF NEUROTECHNOLOGIES IN CRIMINAL PROCEDURES

Impact on court and criminal proceedings within the framework of the EU Criminal Code.

nEUraLAWBACKGROUND

NEURAL ADVANCES

Knowledge about the functioning of the human brain has significantly expanded in recent years. Brain imaging techniques have been helping us to understand neural processes for a long time now by revealing attitudes, preferences and responses to stimuli in individuals. Now, convergence between neurotechnologies, artificial intelligence and big data is proving to be a driving force behind the development of smart neural implants (SNIs). SNIs provide customised solutions for individuals with incapacitating conditions, such as locked-in syndrome, epilepsy and amyotrophic lateral sclerosis (ALS), helping society to become more inclusive.  

COGNITIVE ENHANCEMENT

In parallel, SNIs are being increasingly explored for cognitive enhancement, with companies that distribute devices that enable new senses to be acquired such as an internal compass, infrared vision, advanced mental calculus and access to databases. Additionally, successful experiments on animals demonstrate the possibility of implanting artificial memories or removing them, and experts anticipate their application in humans in the near future. Society is slowly being transformed into a common area for normal humans, enhanced humans (cyborgs) and artificially manipulable humans (similar to robots).

LEGAL CHALLENGES

Although these developments have given rise to ethical and philosophical concerns for a long time now, legal standpoints have received little attention despite the huge legal implications of mental enhancement and brain reading and writing in the era of artificial intelligence. Regulatory efforts thus far to alleviate the myriad risks of SNIs and to affirm fundamental neural rights remain scarce and ineffective, while national regulators would appear to be poorly equipped to set limitations on foreign companies. The EU has emerged as a suitable platform for fostering a supranational regulation to protect the fundamental rights of citizens in this area, owing to its wide-ranging competences in accordance with treaties and its role as a global power in promoting new international treaties.

nEUraLAW

LACK OF ATTENTION IN LEGAL RESEARCH

Although legal approaches to brain-computer interfaces (BCIs) are not new, neither have they garnered the attention expected, with academic debates having mainly focused on areas outside legal studies and taken place outside the EU. Ethical contributions have tended to focus on the rights of specific groups of patients with severe brain damage, rather than on the need to protect the fundamental rights of citizens in general.

In 2010, Ogbujah and Ufomadu were already warning that BCIs might support forms of manipulation such as "neurohacking"- the undesired reading of information in the brain.

In recent years, approaches from Switzerland (Lenca & Andorno, 2017) and Italy (Vessia & Muciaccia, 2018) have advocated new fundamental rights in the era of neurotechnology.

In the United States, the Neurorights Initiative was launched at the University of Columbia in 2019, led by the Spanish lecturer Rafael Yuste, involving the promotion of regulatory changes and even influencing constitutional reforms in Chile (October 2020).

In Europe, the University of Birmingham has developed a research centre via the "Everyday Cyborgs 2.0" project, albeit without taking EU standpoints into consideration.

The most complete coverage in terms of the legal implications of SNIs derives from a book published in 2020 by D’Aloia and Errigo (University of Parma, Italy), although it omits references to the potential role of the EU in promoting and regulating intelligent neuroprostheses.

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PROPOSAL

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PROPOSAL

In view of this outlook, nEUraLAW proposes incorporating teaching activities at pre-graduate and post-graduate levels, raising students’ awareness about emerging regulatory needs regarding SNIs – particularly in the field of fundamental rights. Beyond an understanding of the risks attached to SNIs, the aim is to reinforce critical thinking skills of students and to contribute towards more informed and committed European citizenship.

These activities are linked to seminars, training sessions and events geared towards research and dissemination, and this set of activities will become a focus for learning, analysing and constructing critical mass around neurorights in the EU.

Jean Monnet Module 2021-2024

NeuralawBlog

Funded by the European Union

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Funded by the European Union

Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Education and Culture Executive Agency (EACEA). Neither the European Union nor EACEA can be held responsible for them.