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Amped 2 Daniel H. Wilson, Amped (2012) & Benedict Carey, Probing Brain’s Depth, Trying to Aid Memory. New York Times, July 9, 2014Trying to Aid Memory

3 Neuroprostheses | Neuroenhancement

4 Neuroimaging | Neurodiagnostics

5 What Neurodata Makes Possible

6 Neuromarketing

7 Neuropolitics

8 Neurosurveillance | Intention Algorithms

9 Neurowarfare

Beyond cyberwarfare, looms mind warfare, targeting brain, cognition, emotion, behavior 10 Neurotechnology | National Security

11 ‘Neuroflage’

Physical Enhancement Cognitive Enhancement Radical Life Extension 12 Neurotechnology | Transhumanism?

13 Transjewelry

14 Four Pillars of Transhuman Law

15 Cognitive Liberty

Meninges as Last Privacy Barrier Neuroimaging used to study aspects of personality & intelligence. Use of neuroimaging to elicit psychological information is already possible, but to limited extent Neuroprivacy is privacy of mental and cerebral functioning elicited by brain imaging & other neurodiagnostic techniques Some researchers claim to discern certain unconscious preferences or to detect deception based on neuroimaging 16 Neuroprivacy

17 Neurohacking | Medical Neurosecurity

18  Medical hardware vulnerable to life-threatening security breaches  Vulnerability increases as hardware connected to Internet of Things Neurosecurity |Medical Cybersecurity | Internet of Things

Companies assess dangers of device misuse in design stage medical devices & systems detect, log & react to malware attacks Companies justify security choices in premarket submissions Companies report cybersecurity issues & incidents FDA guidance nonbinding FDA on Medical Cybersecurity

Neurotechnology: to access, manipulate & control neuropsychiatric structures & functions for national defense or military objective to identify political & military threats to neuropsychiatric information & function to preserve integrity of neuropsychiatric information & function 20 Expanded Neurosecurity

Military Neuroenhancement Uniform Code of Military Justice: no autonomy to decline enhancement NeuroRx to reduce fatigue and enhance alertness Brain-computer interfaces for controlling vehicles; detecting battlefield dangers; operating exoskeletons 21 National Security I

Military Neuromodulation Portable neurotech to detect neuro processes & feed information to in-helmet transcranial magnetic stimulation to suppress or enhance brain function 22 National Security II

Neurointerrogation Are there cognitive liberty limits to use of neurotech in these situations? Neurotech also being marketed for advertising, insurance fraud, and criminal justice, e.g., fMRI-based lie detection services Neurotech and neuroRx being investigated for lie detection; e.g., EEG ‘brain fingerprinting’ to confirm deception 23 National Security III

Neuroprivacy No law for cognitive liberty, neuroprivacy, neurosecurity in medicine, national security, employment, insurance, etc. Inadequate legal framework to protect privacy of brain imaging data & interpretation No case law holdings on neuroprivacy 24 State of the Law

25 Default Future: Laissez Faire | Created Future: Rule of Law

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What kind of legal infrastructure is needed to receive, nurture, and regulate positively disruptive technologies? 27 Law that Anticipates Law that Thinks Ahead

MEDICAL NEUROSECURITY: Require cyberprotection and Preemptive designMEDICAL NEUROSECURITY: Require hardware to software life cycle matchingMEDICAL NEUROSECURITY: Create international cybersecurity standardsNEUROENHANCEMENT: Regulation |Children | Enforceability | CriminalizationDEFENSE NEUROSECURITY: Neurotech R&D | Neurotech global surveillanceDEFENSE NEUROSECURITY: Transparent preparation, resilience, preemptionDEFENSE NEUROSECURITY: Policies and laws sensitive ethical issuesDEFENSE NEUROSECURITY: Create criteria for neurotech interrogations Positive Legal Infrastructure Principles

Sander Rabin MD JD The Center for Transhuman Jurisprudence An NPO for Law and Human Enhancement Enabling Technology legal #heet The Future of our Minds, Bodies, and Genomes