Neuroethics exam 3

define a right

A right is a justified claim or entitlement that individuals have, either morally or legally, which obligates others to respect or uphold it.

Rights protect certain fundamental aspects of human dignity and agency, such as autonomy, freedom, or access to basic needs.

positive right

A positive right provides gives access to. For example, the right to education or healthcare means the state must ensure access to these services.

negative right

A negative right is freedom from an interference. For example, the right to free speech or freedom of religion means others (including the government) should not restrict these freedoms.

sources of law in the US

a. International human rights = universal declaration

b. Constitutional law = from the US/state constitution

c. Statute-made law = from legislature, ex: HIPAA’s privacy

supreme court vs federal vs district

followed by all court vs appellate level vs trial level

human rights and the goals of human rights

Human rights are self-consciously universal. This articulates what a human life should entail. Contains both positive (right to food) and negative (freedom from torture) rights

How do your human rights differ from national legal rights?

They are universal and recognized by international declarations while legal rights are granted and enforced within a specific country's legal system. Legal rights may vary across nations, while human rights are meant to be upheld everywhere, regardless of national law.

• Human rights are timeless, represents humanity, and evolves. It is a call to action across borders, cultures, and beliefs.

What is BCI and how does it work?

Brain Computer Interfaces: technology that connects the brain to the outside world/external technology. Ex: using the brain to operate an artificial limb, communicate through a computer, etc.

invasive vs non invasive BCI

Invasive BCI = electrodes surgically implanted in the brain to transmit data to a computer for analysis

Non-invasive BCI = the technology rests of a person’s head like a helmet/glasses/etc.

What are the capabilities of current neurotechnology? What kind of information can they give us?

• devices that stimulate/intervene in brain activity: DBS

• Devices that measure/monitor brain structure/function: fMRI

• Devices that measure and interferes: BCI with EEG

fMRI and neuromarketing

fMRI has been used to gain insights into people’s intentions/attitudes (neuromarketing)

EEG and biometrics

EEGs capture electrical brain activity and sees patterns associated with mental states and behavior. Signals can be used as unique identifiers (biometrics).

How was neurotechnology initially used, and how is it used now? How has that shift contributed to development of neurorights?

a. There is a difference between neurotech used during different cognitive tasks

b. We make different conclusions about someone’s thoughts

c. It’s becoming increasingly accurate

d. Moving away from clinical use to consumer applications

What is pervasive neurotechnology?

Non-invasive, scalable, and potentially ubiquitous use of technology

• Consumer-grade devices for healthy users with many non-clinical purposes

Ienca and Andorno

Ienca and Andorno say current law is not sufficient neurotech

i. Current law does not mention neuroscience explicitly

ii. Neurotech is new territory

iii. Human rights law is already adapting to genetic tech

What is mental privacy?

The protection of any bit or set of brain information about a person that is recorded by a neurodevice and shared across the digital ecosystem

Understand aspects of a relational view of privacy.

This is not just an individual control over information. Instead, it focuses on setting ethical boundaries in shared social spaces where neurotech is used like in the workplace, schools, or families.

What is mental integrity?

Protecting against direct manipulation of a person’s neural computation

• Ex: a person hijacking another’s BCI device without their permission

What is psychological continuity?

People’s perception of their own identity. We should preserve personal identity and coherence of behavior that from unconsented modifications.

• DBS to treat depression

What is the thesis of Bublitz’s article critiquing neurorights?

Proposed neurorights are poorly drafted and there are no suitable candidates for adoption as a novel right

• Lobbying on their behalf should stop

What were Bublitz’s three main pieces of evidence critiquing neurorights?

1. inflation/devaluation

2. current laws can incorporate new circumstances

3. neuroessentialism

explain inflation/devaluation argument

Constantly creating new rights can inflate rights. When there are so many rights, their power and moral force get diluted. It becomes harder to implement or defend.

• occam’s razor

explain why current laws can incorporate neurotech (bublitz)

There is no need to reinvent laws from courts and interpret and expand current rights to cover mental data and neural manipulation

explain neuroessentialism

The belief that our brain is who we are.

Bublitz says that neurorights rely too heavily on this view and overemphasizes the role of the brain rather than social, relational, and environmental aspects of human identity.

• It risks simplifying human experiences to just “brain processes” aka brain overclaim syndrome

pro and con of law inflation

Yes: it will be redundant to have the same rights

No: we need more right for clarification as it poses new risks

pro and con of law flexibility

Yes: courts have legal flexibility, and this also avoids redundancy

No: neurotech is unique and is not addressed, there is a clear lack of laws about brain data, and we need specificity

pro and con of neuroessentialism

Yes: avoids reductionism since humans are more than just neural activity

No: the brain is foundational and that is why we need to protect it especially when it is so vulnerable

How could social media algorithms potentially threaten our cognitive liberty?

a. The algorithm decides what videos are recommended to us (TikTok, YouTube, Instagram)

b. Newspapers and media outlets

How could we differentiate regular influences in our lives from influences that threaten our cognitive liberty?

a. Nudging (choice architecture)

b. Influence

• Influence becomes manipulation is it bypasses reason, uses trickery, uses pressure

c. Indirect vs direct manipulation