Cognitive Liberty In The Age Of Neurotechnology - A Legal And Ethical Exploration
Author: LawSphereX
Category: Technology, Cyber & Privacy
Published:
Updated:
COGNITIVE LIBERTY IN THE AGE OF
NEUROTECHNOLOGY: A LEGAL AND ETHICAL EXPLORATION
Pranav Bhondve, ILS Law College, Pune
INTRODUCTION
Is it possible to operate external devices purely through the power of thought? Yes, Neuralink is a brain-computer interface (BCI) company founded by Elon Musk that develops implants specifically designed to read brain activity and enhance cognitive abilities. This revolutionary technology requires a coin-sized device to be implanted in the human brain, with its electrodes recording neuronal activity. These signals are wirelessly transmitted to a device, allowing users to control external devices with their thoughts. For example, allowing users to control devices such as a cursor, keyboard, or even a PC. During the preliminary stages, Neuralink is focusing on aiding individuals with paralysis by recording and decoding neural signals from individual neurons and then transmitting them back to the brain using electrical stimulation.
The Neuralink chip aims to restore personal control over limbs, prosthetics, or communication devices. 1 This blog explores the legal vacuum around neuro-rights, privacy, ownership of mental data, and the ethical concerns it raises regarding human rights. WHAT IS NEUROTECHNOLOGY?
Neurotechnology is a revolutionary step towards the future, making possible what was previously science fiction. Across the globe, efforts are being made by companies and governments to develop technology that will allow individuals to communicate by thinking and have access to the entire internet’s database inside their brains. Additionally, efforts are 1 University CT, ‘Neuralink’s Brain Chip: How It Works and What It Means: Capitol Technology University’ (Washington D.C.
& Maryland Area | Capitol Technology University) accessed 29 May underway to develop therapies for mental illness and neurological disorders such as Alzheimer’s, schizophrenia, stroke, post-traumatic stress disorder, depression, and addiction. Furthermore, there are two types of BCI: Invasive and Non-Invasive BCI. Invasive BCIs are the one which require surgery to take place and implant electrodes directly into a person’s brain. These electrodes then perform the function of sending the brain data to a computer for decoding and analysis. Invasive BCIs have shown improvements with helping people with dysfunctional limbs perceive hot and cold temperatures in their environment. For example, BrainGate implanted an invasive BCI in a 45-year-old man with Amyotrophic Lateral Sclerosis (ALS) who previously could not speak or move.
He can now write and send emails, Google random questions, and shop on Amazon using an off-the-shelf Android tablet. 2 On the other hand, there are Non-Invasive BCIs which do not involve any kind of surgery, instead, they rest on a person’s head like a “wearable”. These devices could help people with communicative conditions by decoding the image in a person's brain and displaying it on the computer. not only that, these devices have also managed a Quadriplegic driver to drive a Formula One race car using brainwaves. RECALIBRATING HUMAN RIGHTS IN THE AGE OF NEUROTECHNOLOGY Given the rapid growth of Neurotechnology and its profound impact on human life hence it has become the need of the hour to implement regulations, restrictions, and laws to safeguard human rights.
In the coming years, the governments will have to form regulations and policies that cover all the sectors that neurotechnology in future will expand into. Neurotechnology has raised crucial ethical concerns regarding human rights, as this technology directly connects with the brain, it puts the human data in a very vulnerable spot where it fears of being exposed to the outside world. For example, primary schools in China are now using a wearable gadget called FocusEDU to improve the classroom environment through “real-time student engagement feedback. ” When worn during class, it can monitor students’ attentiveness and send relevant data to parents without the child’s consent.
3 The brain stores a large quantity of data, including the thoughts which humans possess and 2 Yehya NA, ‘New Brain-Computer Interface Allows Man with ALS to “speak” Again’ (news, 28 January 2025) accessed 29 May 2025 3 Savillo L, ‘A Chinese School Made Students Wear Brainwave-Detecting Headgear’ (VICE, 9 August 2024) accessed
29 May 2025
sensitive information like passwords, PIN’s and Private intimate moments, which may make this information dangerously accessible in the near future. In a hypothetical scenario, the kidnapping of political leaders and the exposure of nuclear codes could trigger an international crisis. Moreover, such information could be intentionally misused by the users of the technology. As in the near future, the neurotechnology would also be expanding into other sectors like healthcare, education, law, and military, hence it becomes crucial to have a strong legal foundation that would have solutions to data security, transparency, fairness, and well-being.
COGNITIVE LIBERTY: THE RIGHT TO MENTAL SELF-DETERMINATION The concept of cognitive liberty, coined by legal scholars and neuroethicists, refers to the freedom to think independently, the ability and right of individuals to keep their thoughts private and be protected from invasion of privacy. Since the BCIs involve monitoring of brain data, the principle of cognitive liberty demands to be recognised as a fundamental right, as the brain data is unconsciously created outside the person’s control. Human thoughts, which are unintentionally produced by the brain, may also be exposed to surveillance. Universal Declaration of Human Rights (UDHR), Article 12, which states, No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.
Everyone has the right to the protection of the law against such interference or attacks. 4 And Article 17 of the (ICCPR) International Covenant on Civil and Political Rights affirms, No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 5 However, both these treaties fail to scrutinize the need for mental privacy. A contemporary legal issue concerning neurotechnology is that international human rights treaties regarding human privacy fail to cover the human rights issues that neurotechnology raises, the current laws fail to mention technology and the privacy of human thoughts, leaving a gap in the legal framework for the upcoming era of neurotechnology.
4 ‘Universal Declaration of Human Rights’ (United Nations) accessed 29 May 2025 5 2200A (XXI) GA resolution (International Covenant on Civil and Political Rights | Ohchr, 16 December 1966) accessed 29 May 2025 UN'S CALL TO ACTION AND CHILE’S CONSTITUTIONAL BREAKTHROUGH Since neuro rights is something which affects the entire world, the UN becomes the sole body capable of addressing the issue of human rights. A few measures that the UN can take are, firstly, initiate an investigation in various countries that would publish reports of their findings. Then, through the help of this finding, the UN shall create a specialized body giving the sole responsibility of coordinating neuro-rights activities. Secondly UN shall conduct a general discussion with other related bodies regarding neuro-rights that would incorporate additions in existing neuro-rights.
This way, it would create a global standard for the protection of neurorights. Currently, there is no international consensus on neuro rights, Chile is the only country that has enshrined neuro rights in the Chilean constitution in 2021. Chile collaborated with Rafael Yuste, a neuroscientist who published a highly influential paper on the “risks of neurotechnologies and artificial intelligence. ” The new rights enshrined in the constitution are the right to: personal identity; free will and mental privacy; equal access to mental augmentation and protection from algorithmic bias. 6 The bill also forbids individuals from buying and selling of neural data; only donations for altruistic purposes are permitted. Some critics argue that Chile may have acted prematurely in passing the bill. However, in a fast-evolving technological world, prevention is better than a cure.
CONCLUSION
Neurorights are becoming an important topic in the scientific community and increasingly in the wider public. It is possible that in the coming years, they will eventually be incorporated into other countries too. In this regard, the present blog disentangles a brief study of neurotechnology and its concerns surrounding human rights, also further discussing the UN’s role. In the medical field, the maxim primum non nocere or “first, do no harm,”7 which says extreme care should be taken by the professionals to protect human rights without hindering any scientific progress. By adopting to contemporary ethical and clinical guidelines, it could
6 ‘The Neurorights Legislation in Chile’ (CENTRE FOR RESEARCH IN INTERNATIONAL LAW, 10 October
2021) accessed 29 May 2025 7 Bernstein J, ‘Not the Last Word: Primum Non Nocere Is Harmful. Primum Noce Apte May Help’ (Clinical orthopaedics and related research, 1 February 2023) accessed 29 May 2025 provide a strong legal framework without hindering scientific research and innovation.