Terasem Movements, Inc., 11th Annual Colloquium on the Law of Futuristic Persons Dec. 10, 2016 Terasem Island Conference Center

Woodrow Barfield, PhD, JD, LLM Two Lives…. As a professor of engineering and as a law-tech researcher $ Working on Now (for Edward Elgar Press): The Law of Cyborgs Research Handbook on Law and Artificial Intelligence (coedited) The Law of Virtual and Augmented Reality (coedited)

THEME: Legal Aspects of Futuristic Persons: A Tribute to the 'Father of Artificial Intelligence', Marvin Minsky; International “Human” Rights Day WHAT: Scholarly views associated with the moral and legal obligations in cyber-humanity, and… WHY: To develop an optimal body of law to accommodate emergent needs.

The Emerging Law of Futuristic Persons (Cyborgs and AI Androids) Some “working” definitions… A cyborg is a person equipped with cyborg technology. “Cyborg technology” refers to technology that is “worn on” or integrated/implanted into the human body which not only restores lost function, but enhances the anatomical, physiological, and information processing abilities of the body. “Cyborg prosthesis” refers to artificial enhancements to the body providing (1) computational capability, which operates as (2) a closed-loop feedback system, (3) is upgradeable (with shortening cycle times), and (4) in some cases, controllable by thought.

In Approach… I’m a “Kurzwelian” The Law of Accelerating Returns… What if the information processing technologies integrated into the body follows the Law of Accelerating Returns?

Migration of Technology to the Body, then within the Body We are becoming like “them” (More AI/Cyborg Like) They are becoming like “us” (More Human-Body IQ/Like) Paradigm 1- Technology is a tool for human use Paradigm 2- Technology and humans jointly interact to solve problems Paradigm 3- We become the technology, that is, we merge with tech Migration of Technology to the Body, then within the Body Now 2050 The Tool Becomes Integrated into the Body We Merge with AI Machines Tech is a Tool Observation Paradigm 1 Paradigm 2 Paradigm 3

The Body is a Miracle of Nanotechnology, but Designed to Fail… Enter Technology

Here Come the Cyborgs…. Medical Necessity OBSERVATION: As we create technology that is implanted within our body based on medical necessity, we are laying the groundwork for our future to become cyborgs, to eventually merge with machines.

Here Come the Cyborgs/Futuristic Humans… Not Medical Necessity… But to Enhance not Repair the Body/Mind Enhance the body/mind- legal consent, how to regulate people that are self-enhancing Repair the body/mind- tort action for medical malpractice

By the Numbers… Retinal prosthesis and cochlear implants for more than 200,000 people Millions have artificial hip and knee replacements Millions opt for cosmetic surgery, and people are beginning to self- enhance

Personhood For AI Entities/Futuristic People 800 lb. Gorilla in the discussion … the question of personhood??? Rights attach to natural people… natural people have standing to fight for rights. If not a natural person, but a “legal person”… currently some rights also attach. Corporations can sue and be sued in court. Judge Curtis Karnow’s Electronic Persons

Futuristic Humans/Cyborg Rights Natural Person Rights Attach Property Rights Attach Who Owns the Biometric Data?

Legal Issues, Futuristic Persons Cyborg Humans: Chapter 7- “The Law of Looks and Artificial Bodies” Consider an android programmed with artificial intelligence… moving in the direction of AGI, and then ASI… Would/should such entities have legal rights? What rights would Cyborgs have under current law? What rights would unenhanced people have with regard to Cyborgs? Meet Matsuko Droid, the humanoid robot modeled after Japanese TV personality Matsuko Deluxe, hosted Japanese National TV. Consider this android equipped with 40 petaflops of raw processing power.

Would Humanity Discriminate Against Futuristic Persons? The Uncanny Valley Lookism Discrimination… Criminal Law Sentencing Americans with Disability Act (anti-discrimination law)

Employment Law Discrimination “Lookism Discrimination” against Futuristic Humans in the Workplace Weight, Appearance, Artistic Forms of Expression, Church of Body Modification Cyborg Abilities “Ugly Laws” What about Discrimination by Cyborgs against People Without Prosthesis? Under the ADA, a disabled person with a prosthesis providing superior performance is still deemed disabled. Steve Mann…. Paris…..

Issues of Law with Mind Uploads and Artificial/Replacement Bodies… FDA Regulation as Type III Technology Highest risk devices, subject to the highest level of regulation, neuroprosthesis being an example. Law of Cognitive Liberty The case of Dr. Sell. (Sell v. United States, 539 U.S. 166 (2003) Forced drugging to stand trial

Code is Copyright Protected… Are Thoughts? 1980 Amendment to U.S. Copyright Act, Software is protected as with other original works of authorship. Source Code, Object Code, and Microcode are copyright protected. (Apple Computer Inc., v. Franklin Computer Corporation, 714 F.2d 1240 (3d Cir. 1983); NEC Corp. v. Intel Corp. 10 U.S.P.Q. 2d 1177 (N.D. Cal., 1989)) Cybersecurity will be a major issue of importance for Futuristic people

Thinking about Thoughts and Copyright Long Term Memory Short Term Memory Original thoughts Fixed in a tangible of expression

Mind Uploads and Copyright Law Say your mind/thoughts are copyright protected… your mind is the original copyrighted work. But for copyright protection it has to be fixed in a tangible medium of expression… An upload of your mind may be considered a derivative work of the original. If someone copies your mind without permission that’s copyright infringement?

New Bodies and Law… What will the body look like for a mind upload? It could be that to upload a mind to a “celebrity body” could be a right of publicity violation… The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one's identity. White v. Samsung Electronics America, Inc. , 989 F.2d 1512, 1993 U.S. App. Tremendous moral issues if the mind upload is to a human body clone.

For Futuristic People: Can you Copyright a Particular Body Form? Are human torsos copyrightable? No- shape of the human torso is not copyright protected because the design of the forms are not conceptually separable from their utilitarian function. Carol Barnhardt Inc. v. Economy Cover Corp., 773 F.2d 411 (2nd Cir. 1985)

Patenting Neuroprosthesis Rights of Patentee Monopoly on the invention for a certain time period. We can exclude others from making, using, selling, or importing the invention. What are the implications of a 3rd party owning part of your brain?

Licensing the Software of Prosthesis What if you had to purchase the software that runs a prosthesis? What if had to purchase a license?

Conclusion: Our Cyborg Future… to Merge With AI Machines, to Become the Technology