Tag Archives: Hastings Center

Neural (brain) implants and hype (long read)

There was a big splash a few weeks ago when it was announced that Neuralink’s (Elon Musk company) brain implant had been surgically inserted into its first human patient.

Getting approval

David Tuffley, senior lecturer in Applied Ethics & CyberSecurity at Griffith University (Australia), provides a good overview of the road Neuralink took to getting FDA (US Food and Drug Administration) approval for human clinical trials in his May 29, 2023 essay for The Conversation, Note: Links have been removed,

Since its founding in 2016, Elon Musk’s neurotechnology company Neuralink has had the ambitious mission to build a next-generation brain implant with at least 100 times more brain connections than devices currently approved by the US Food and Drug Administration (FDA).

The company has now reached a significant milestone, having received FDA approval to begin human trials. So what were the issues keeping the technology in the pre-clinical trial phase for as long as it was? And have these concerns been addressed?

Neuralink is making a Class III medical device known as a brain-computer interface (BCI). The device connects the brain to an external computer via a Bluetooth signal, enabling continuous communication back and forth.

The device itself is a coin-sized unit called a Link. It’s implanted within a small disk-shaped cutout in the skull using a precision surgical robot. The robot splices a thousand tiny threads from the Link to certain neurons in the brain. [emphasis mine] Each thread is about a quarter the diameter of a human hair.

The company says the device could enable precise control of prosthetic limbs, giving amputees natural motor skills. It could revolutionise treatment for conditions such as Parkinson’s disease, epilepsy and spinal cord injuries. It also shows some promise for potential treatment of obesity, autism, depression, schizophrenia and tinnitus.

Several other neurotechnology companies and researchers have already developed BCI technologies that have helped people with limited mobility regain movement and complete daily tasks.

In February 2021, Musk said Neuralink was working with the FDA to secure permission to start initial human trials later that year. But human trials didn’t commence in 2021.

Then, in March 2022, Neuralink made a further application to the FDA to establish its readiness to begin humans trials.

One year and three months later, on May 25 2023, Neuralink finally received FDA approval for its first human clinical trial. Given how hard Neuralink has pushed for permission to begin, we can assume it will begin very soon. [emphasis mine]

The approval has come less than six months after the US Office of the Inspector General launched an investigation into Neuralink over potential animal welfare violations. [emphasis mine]

In accessible language, Tuffley goes on to discuss the FDA’s specific technical issues with implants and how they were addressed in his May 29, 2023 essay.

More about how Neuralink’s implant works and some concerns

Canadian Broadcasting Corporation (CBC) journalist Andrew Chang offers an almost 13 minute video, “Neuralink brain chip’s first human patient. How does it work?” Chang is a little overenthused for my taste but he offers some good information about neural implants, along with informative graphics in his presentation.

So, Tuffley was right about Neuralink getting ready quickly for human clinical trials as you can guess from the title of Chang’s CBC video.

Jennifer Korn announced that recruitment had started in her September 20, 2023 article for CNN (Cable News Network), Note: Links have been removed,

Elon Musk’s controversial biotechnology startup Neuralink opened up recruitment for its first human clinical trial Tuesday, according to a company blog.

After receiving approval from an independent review board, Neuralink is set to begin offering brain implants to paralysis patients as part of the PRIME Study, the company said. PRIME, short for Precise Robotically Implanted Brain-Computer Interface, is being carried out to evaluate both the safety and functionality of the implant.

Trial patients will have a chip surgically placed in the part of the brain that controls the intention to move. The chip, installed by a robot, will then record and send brain signals to an app, with the initial goal being “to grant people the ability to control a computer cursor or keyboard using their thoughts alone,” the company wrote.

Those with quadriplegia [sometimes known as tetraplegia] due to cervical spinal cord injury or amyotrophic lateral sclerosis (ALS) may qualify for the six-year-long study – 18 months of at-home and clinic visits followed by follow-up visits over five years. Interested people can sign up in the patient registry on Neuralink’s website.

Musk has been working on Neuralink’s goal of using implants to connect the human brain to a computer for five years, but the company so far has only tested on animals. The company also faced scrutiny after a monkey died in project testing in 2022 as part of efforts to get the animal to play Pong, one of the first video games.

I mentioned three Reuters investigative journalists who were reporting on Neuralink’s animal abuse allegations (emphasized in Tuffley’s essay) in a July 7, 2023 posting, “Global dialogue on the ethics of neurotechnology on July 13, 2023 led by UNESCO.” Later that year, Neuralink was cleared by the US Department of Agriculture (see September 24,, 2023 article by Mahnoor Jehangir for BNN Breaking).

Plus, Neuralink was being investigated over more allegations according to a February 9, 2023 article by Rachel Levy for Reuters, this time regarding hazardous pathogens,

The U.S. Department of Transportation said on Thursday it is investigating Elon Musk’s brain-implant company Neuralink over the potentially illegal movement of hazardous pathogens.

A Department of Transportation spokesperson told Reuters about the probe after the Physicians Committee of Responsible Medicine (PCRM), an animal-welfare advocacy group,wrote to Secretary of Transportation Pete Buttigieg, opens new tab earlier on Thursday to alert it of records it obtained on the matter.

PCRM said it obtained emails and other documents that suggest unsafe packaging and movement of implants removed from the brains of monkeys. These implants may have carried infectious diseases in violation of federal law, PCRM said.

There’s an update about the hazardous materials in the next section. Spoiler alert, the company got fined.

Neuralink’s first human implant

A January 30, 2024 article (Associated Press with files from Reuters) on the Canadian Broadcasting Corporation’s (CBC) online news webspace heralded the latest about Neurlink’s human clinical trials,

The first human patient received an implant from Elon Musk’s computer-brain interface company Neuralink over the weekend, the billionaire says.

In a post Monday [January 29, 2024] on X, the platform formerly known as Twitter, Musk said that the patient received the implant the day prior and was “recovering well.” He added that “initial results show promising neuron spike detection.”

Spikes are activity by neurons, which the National Institutes of Health describe as cells that use electrical and chemical signals to send information around the brain and to the body.

The billionaire, who owns X and co-founded Neuralink, did not provide additional details about the patient.

When Neuralink announced in September [2023] that it would begin recruiting people, the company said it was searching for individuals with quadriplegia due to cervical spinal cord injury or amyotrophic lateral sclerosis, commonly known as ALS or Lou Gehrig’s disease.

Neuralink reposted Musk’s Monday [January 29, 2024] post on X, but did not publish any additional statements acknowledging the human implant. The company did not immediately respond to requests for comment from The Associated Press or Reuters on Tuesday [January 30, 2024].

In a separate Monday [January 29, 2024] post on X, Musk said that the first Neuralink product is called “Telepathy” — which, he said, will enable users to control their phones or computers “just by thinking.” He said initial users would be those who have lost use of their limbs.

The startup’s PRIME Study is a trial for its wireless brain-computer interface to evaluate the safety of the implant and surgical robot.

Now for the hazardous materials, January 30, 2024 article, Note: A link has been removed,

Earlier this month [January 2024], a Reuters investigation found that Neuralink was fined for violating U.S. Department of Transportation (DOT) rules regarding the movement of hazardous materials. During inspections of the company’s facilities in Texas and California in February 2023, DOT investigators found the company had failed to register itself as a transporter of hazardous material.

They also found improper packaging of hazardous waste, including the flammable liquid Xylene. Xylene can cause headaches, dizziness, confusion, loss of muscle co-ordination and even death, according to the U.S. Centers for Disease Control and Prevention.

The records do not say why Neuralink would need to transport hazardous materials or whether any harm resulted from the violations.

Skeptical thoughts about Elon Musk and Neuralink

Earlier this month (February 2024), the British Broadcasting Corporation (BBC) published an article by health reporters, Jim Reed and Joe McFadden, that highlights the history of brain implants, the possibilities, and notes some of Elon Musk’s more outrageous claims for Neuralink’s brain implants,

Elon Musk is no stranger to bold claims – from his plans to colonise Mars to his dreams of building transport links underneath our biggest cities. This week the world’s richest man said his Neuralink division had successfully implanted its first wireless brain chip into a human.

Is he right when he says this technology could – in the long term – save the human race itself?

Sticking electrodes into brain tissue is really nothing new.

In the 1960s and 70s electrical stimulation was used to trigger or suppress aggressive behaviour in cats. By the early 2000s monkeys were being trained to move a cursor around a computer screen using just their thoughts.

“It’s nothing novel, but implantable technology takes a long time to mature, and reach a stage where companies have all the pieces of the puzzle, and can really start to put them together,” says Anne Vanhoestenberghe, professor of active implantable medical devices, at King’s College London.

Neuralink is one of a growing number of companies and university departments attempting to refine and ultimately commercialise this technology. The focus, at least to start with, is on paralysis and the treatment of complex neurological conditions.

Reed and McFadden’s February 2024 BBC article describes a few of the other brain implant efforts, Note: Links have been removed,

One of its [Neuralink’s] main rivals, a start-up called Synchron backed by funding from investment firms controlled by Bill Gates and Jeff Bezos, has already implanted its stent-like device into 10 patients.

Back in December 2021, Philip O’Keefe, a 62-year old Australian who lives with a form of motor neurone disease, composed the first tweet using just his thoughts to control a cursor.

And researchers at Lausanne University in Switzerland have shown it is possible for a paralysed man to walk again by implanting multiple devices to bypass damage caused by a cycling accident.

In a research paper published this year, they demonstrated a signal could be beamed down from a device in his brain to a second device implanted at the base of his spine, which could then trigger his limbs to move.

Some people living with spinal injuries are sceptical about the sudden interest in this new kind of technology.

“These breakthroughs get announced time and time again and don’t seem to be getting any further along,” says Glyn Hayes, who was paralysed in a motorbike accident in 2017, and now runs public affairs for the Spinal Injuries Association.

If I could have anything back, it wouldn’t be the ability to walk. It would be putting more money into a way of removing nerve pain, for example, or ways to improve bowel, bladder and sexual function.” [emphasis mine]

Musk, however, is focused on something far more grand for Neuralink implants, from Reed and McFadden’s February 2024 BBC article, Note: A link has been removed,

But for Elon Musk, “solving” brain and spinal injuries is just the first step for Neuralink.

The longer-term goal is “human/AI symbiosis” [emphasis mine], something he describes as “species-level important”.

Musk himself has already talked about a future where his device could allow people to communicate with a phone or computer “faster than a speed typist or auctioneer”.

In the past, he has even said saving and replaying memories may be possible, although he recognised “this is sounding increasingly like a Black Mirror episode.”

One of the experts quoted in Reed and McFadden’s February 2024 BBC article asks a pointed question,

… “At the moment, I’m struggling to see an application that a consumer would benefit from, where they would take the risk of invasive surgery,” says Prof Vanhoestenberghe.

“You’ve got to ask yourself, would you risk brain surgery just to be able to order a pizza on your phone?”

Rae Hodge’s February 11, 2024 article about Elon Musk and his hyped up Neuralink implant for Salon is worth reading in its entirety but for those who don’t have the time or need a little persuading, here are a few excerpts, Note 1: This is a warning; Hodge provides more detail about the animal cruelty allegations; Note 2: Links have been removed,

Elon Musk’s controversial brain-computer interface (BCI) tech, Neuralink, has supposedly been implanted in its first recipient — and as much as I want to see progress for treatment of paralysis and neurodegenerative disease, I’m not celebrating. I bet the neuroscientists he reportedly drove out of the company aren’t either, especially not after seeing the gruesome torture of test monkeys and apparent cover-up that paved the way for this moment. 

All of which is an ethics horror show on its own. But the timing of Musk’s overhyped implant announcement gives it an additional insulting subtext. Football players are currently in a battle for their lives against concussion-based brain diseases that plague autopsy reports of former NFL players. And Musk’s boast of false hope came just two weeks before living players take the field in the biggest and most brutal game of the year. [2024 Super Bowl LVIII]

ESPN’s Kevin Seifert reports neuro-damage is up this year as “players suffered a total of 52 concussions from the start of training camp to the beginning of the regular season. The combined total of 213 preseason and regular season concussions was 14% higher than 2021 but within range of the three-year average from 2018 to 2020 (203).”

I’m a big fan of body-tech: pacemakers, 3D-printed hips and prosthetic limbs that allow you to wear your wedding ring again after 17 years. Same for brain chips. But BCI is the slow-moving front of body-tech development for good reason. The brain is too understudied. Consequences of the wrong move are dire. Overpromising marketable results on profit-driven timelines — on the backs of such a small community of researchers in a relatively new field — would be either idiotic or fiendish. 

Brown University’s research in the sector goes back to the 1990s. Since the emergence of a floodgate-opening 2002 study and the first implant in 2004 by med-tech company BrainGate, more promising results have inspired broader investment into careful research. But BrainGate’s clinical trials started back in 2009, and as noted by Business Insider’s Hilary Brueck, are expected to continue until 2038 — with only 15 participants who have devices installed. 

Anne Vanhoestenberghe is a professor of active implantable medical devices at King’s College London. In a recent release, she cautioned against the kind of hype peddled by Musk.

“Whilst there are a few other companies already using their devices in humans and the neuroscience community have made remarkable achievements with those devices, the potential benefits are still significantly limited by technology,” she said. “Developing and validating core technology for long term use in humans takes time and we need more investments to ensure we do the work that will underpin the next generation of BCIs.” 

Neuralink is a metal coin in your head that connects to something as flimsy as an app. And we’ve seen how Elon treats those. We’ve also seen corporate goons steal a veteran’s prosthetic legs — and companies turn brain surgeons and dentists into repo-men by having them yank anti-epilepsy chips out of people’s skulls, and dentures out of their mouths. 

“I think we have a chance with Neuralink to restore full-body functionality to someone who has a spinal cord injury,” Musk said at a 2023 tech summit, adding that the chip could possibly “make up for whatever lost capacity somebody has.”

Maybe BCI can. But only in the careful hands of scientists who don’t have Musk squawking “go faster!” over their shoulders. His greedy frustration with the speed of BCI science is telling, as is the animal cruelty it reportedly prompted.

There have been other examples of Musk’s grandiosity. Notably, David Lee expressed skepticism about hyperloop in his August 13, 2013 article for BBC news online

Is Elon Musk’s Hyperloop just a pipe dream?

Much like the pun in the headline, the bright idea of transporting people using some kind of vacuum-like tube is neither new nor imaginative.

There was Robert Goddard, considered the “father of modern rocket propulsion”, who claimed in 1909 that his vacuum system could suck passengers from Boston to New York at 1,200mph.

And then there were Soviet plans for an amphibious monorail  – mooted in 1934  – in which two long pods would start their journey attached to a metal track before flying off the end and slipping into the water like a two-fingered Kit Kat dropped into some tea.

So ever since inventor and entrepreneur Elon Musk hit the world’s media with his plans for the Hyperloop, a healthy dose of scepticism has been in the air.

“This is by no means a new idea,” says Rod Muttram, formerly of Bombardier Transportation and Railtrack.

“It has been previously suggested as a possible transatlantic transport system. The only novel feature I see is the proposal to put the tubes above existing roads.”

Here’s the latest I’ve found on hyperloop, from the Hyperloop Wikipedia entry,

As of 2024, some companies continued to pursue technology development under the hyperloop moniker, however, one of the biggest, well funded players, Hyperloop One, declared bankruptcy and ceased operations in 2023.[15]

Musk is impatient and impulsive as noted in a September 12, 2023 posting by Mike Masnick on Techdirt, Note: A link has been removed,

The Batshit Crazy Story Of The Day Elon Musk Decided To Personally Rip Servers Out Of A Sacramento Data Center

Back on Christmas Eve [December 24, 2022] of last year there were some reports that Elon Musk was in the process of shutting down Twitter’s Sacramento data center. In that article, a number of ex-Twitter employees were quoted about how much work it would be to do that cleanly, noting that there’s a ton of stuff hardcoded in Twitter code referring to that data center (hold that thought).

That same day, Elon tweeted out that he had “disconnected one of the more sensitive server racks.”

Masnick follows with a story of reckless behaviour from someone who should have known better.

Ethics of implants—where to look for more information

While Musk doesn’t use the term when he describes a “human/AI symbiosis” (presumably by way of a neural implant), he’s talking about a cyborg. Here’s a 2018 paper, which looks at some of the implications,

Do you want to be a cyborg? The moderating effect of ethics on neural implant acceptance by Eva Reinares-Lara, Cristina Olarte-Pascual, and Jorge Pelegrín-Borondo. Computers in Human Behavior Volume 85, August 2018, Pages 43-53 DOI: https://doi.org/10.1016/j.chb.2018.03.032

This paper is open access.

Getting back to Neuralink, I have two blog posts that discuss the company and the ethics of brain implants from way back in 2021.

First, there’s Jazzy Benes’ March 1, 2021 posting on the Santa Clara University’s Markkula Center for Applied Ethics blog. It stands out as it includes a discussion of the disabled community’s issues, Note: Links have been removed,

In the heart of Silicon Valley we are constantly enticed by the newest technological advances. With the big influencers Grimes [a Canadian musician and the mother of three children with Elon Musk] and Lil Uzi Vert publicly announcing their willingness to become experimental subjects for Elon Musk’s Neuralink brain implantation device, we are left wondering if future technology will actually give us “the knowledge of the Gods.” Is it part of the natural order for humans to become omniscient beings? Who will have access to the devices? What other ethical considerations must be discussed before releasing such technology to the public?

A significant issue that arises from developing technologies for the disabled community is the assumption that disabled persons desire the abilities of what some abled individuals may define as “normal.” Individuals with disabilities may object to technologies intended to make them fit an able-bodied norm. “Normal” is relative to each individual, and it could be potentially harmful to use a deficit view of disability, which means judging a disability as a deficiency. However, this is not to say that all disabled individuals will reject a technology that may enhance their abilities. Instead, I believe it is a consideration that must be recognized when developing technologies for the disabled community, and it can only be addressed through communication with disabled persons. As a result, I believe this is a conversation that must be had with the community for whom the technology is developed–disabled persons.

With technologies that aim to address disabilities, we walk a fine line between therapeutics and enhancement. Though not the first neural implant medical device, the Link may have been the first BCI system openly discussed for its potential transhumanism uses, such as “enhanced cognitive abilities, memory storage and retrieval, gaming, telepathy, and even symbiosis with machines.” …

Benes also discusses transhumanism, privacy issues, and consent issues. It’s a thoughtful reading experience.

Second is a July 9, 2021 posting by anonymous on the University of California at Berkeley School of Information blog which provides more insight into privacy and other issues associated with data collection (and introduced me to the concept of decisional interference),

As the development of microchips furthers and advances in neuroscience occur, the possibility for seamless brain-machine interfaces, where a device decodes inputs from the user’s brain to perform functions, becomes more of a reality. These various forms of these technologies already exist. However, technological advances have made implantable and portable devices possible. Imagine a future where humans don’t need to talk to each other, but rather can transmit their thoughts directly to another person. This idea is the eventual goal of Elon Musk, the founder of Neuralink. Currently, Neuralink is one of the main companies involved in the advancement of this type of technology. Analysis of the Neuralink’s technology and their overall mission statement provide an interesting insight into the future of this type of human-computer interface and the potential privacy and ethical concerns with this technology.

As this technology further develops, several privacy and ethical concerns come into question. To begin, using Solove’s Taxonomy as a privacy framework, many areas of potential harm are revealed. In the realm of information collection, there is much risk. Brain-computer interfaces, depending on where they are implanted, could have access to people’s most private thoughts and emotions. This information would need to be transmitted to another device for processing. The collection of this information by companies such as advertisers would represent a major breach of privacy. Additionally, there is risk to the user from information processing. These devices must work concurrently with other devices and often wirelessly. Given the widespread importance of cloud computing in much of today’s technology, offloading information from these devices to the cloud would be likely. Having the data stored in a database puts the user at the risk of secondary use if proper privacy policies are not implemented. The trove of information stored within the information collected from the brain is vast. These datasets could be combined with existing databases such as browsing history on Google to provide third parties with unimaginable context on individuals. Lastly, there is risk for information dissemination, more specifically, exposure. The information collected and processed by these devices would need to be stored digitally. Keeping such private information, even if anonymized, would be a huge potential for harm, as the contents of the information may in itself be re-identifiable to a specific individual. Lastly there is risk for invasions such as decisional interference. Brain-machine interfaces would not only be able to read information in the brain but also write information. This would allow the device to make potential emotional changes in its users, which be a major example of decisional interference. …

For the most recent Neuralink and brain implant ethics piece, there’s this February 14, 2024 essay on The Conversation, which, unusually, for this publication was solicited by the editors, Note: Links have been removed,

In January 2024, Musk announced that Neuralink implanted its first chip in a human subject’s brain. The Conversation reached out to two scholars at the University of Washington School of Medicine – Nancy Jecker, a bioethicst, and Andrew Ko, a neurosurgeon who implants brain chip devices – for their thoughts on the ethics of this new horizon in neuroscience.

Information about the implant, however, is scarce, aside from a brochure aimed at recruiting trial subjects. Neuralink did not register at ClinicalTrials.gov, as is customary, and required by some academic journals. [all emphases mine]

Some scientists are troubled by this lack of transparency. Sharing information about clinical trials is important because it helps other investigators learn about areas related to their research and can improve patient care. Academic journals can also be biased toward positive results, preventing researchers from learning from unsuccessful experiments.

Fellows at the Hastings Center, a bioethics think tank, have warned that Musk’s brand of “science by press release, while increasingly common, is not science. [emphases mine]” They advise against relying on someone with a huge financial stake in a research outcome to function as the sole source of information.

When scientific research is funded by government agencies or philanthropic groups, its aim is to promote the public good. Neuralink, on the other hand, embodies a private equity model [emphasis mine], which is becoming more common in science. Firms pooling funds from private investors to back science breakthroughs may strive to do good, but they also strive to maximize profits, which can conflict with patients’ best interests.

In 2022, the U.S. Department of Agriculture investigated animal cruelty at Neuralink, according to a Reuters report, after employees accused the company of rushing tests and botching procedures on test animals in a race for results. The agency’s inspection found no breaches, according to a letter from the USDA secretary to lawmakers, which Reuters reviewed. However, the secretary did note an “adverse surgical event” in 2019 that Neuralink had self-reported.

In a separate incident also reported by Reuters, the Department of Transportation fined Neuralink for violating rules about transporting hazardous materials, including a flammable liquid.

…the possibility that the device could be increasingly shown to be helpful for people with disabilities, but become unavailable due to loss of research funding. For patients whose access to a device is tied to a research study, the prospect of losing access after the study ends can be devastating. [emphasis mine] This raises thorny questions about whether it is ever ethical to provide early access to breakthrough medical interventions prior to their receiving full FDA approval.

Not registering a clinical trial would seem to suggest there won’t be much oversight. As for Musk’s “science by press release” activities, I hope those will be treated with more skepticism by mainstream media although that seems unlikely given the current situation with journalism (more about that in a future post).

As for the issues associated with private equity models for science research and the problem of losing access to devices after a clinical trial is ended, my April 5, 2022 posting, “Going blind when your neural implant company flirts with bankruptcy (long read)” offers some cautionary tales, in addition to being the most comprehensive piece I’ve published on ethics and brain implants.

My July 17, 2023 posting, “Unveiling the Neurotechnology Landscape: Scientific Advancements, Innovations and Major Trends—a UNESCO report” offers a brief overview of the international scene.

Emerging technology and the law

I have three news bits about legal issues that are arising as a consequence of emerging technologies.

Deep neural networks, art, and copyright

Caption: The rise of automated art opens new creative avenues, coupled with new problems for copyright protection. Credit: Provided by: Alexander Mordvintsev, Christopher Olah and Mike Tyka

Presumably this artwork is a demonstration of automated art although they never really do explain how in the news item/news release. An April 26, 2017 news item on ScienceDaily announces research into copyright and the latest in using neural networks to create art,

In 1968, sociologist Jean Baudrillard wrote on automatism that “contained within it is the dream of a dominated world […] that serves an inert and dreamy humanity.”

With the growing popularity of Deep Neural Networks (DNN’s), this dream is fast becoming a reality.

Dr. Jean-Marc Deltorn, researcher at the Centre d’études internationales de la propriété intellectuelle in Strasbourg, argues that we must remain a responsive and responsible force in this process of automation — not inert dominators. As he demonstrates in a recent Frontiers in Digital Humanities paper, the dream of automation demands a careful study of the legal problems linked to copyright.

An April 26, 2017 Frontiers (publishing) news release on EurekAlert, which originated the news item, describes the research in more detail,

For more than half a century, artists have looked to computational processes as a way of expanding their vision. DNN’s are the culmination of this cross-pollination: by learning to identify a complex number of patterns, they can generate new creations.

These systems are made up of complex algorithms modeled on the transmission of signals between neurons in the brain.

DNN creations rely in equal measure on human inputs and the non-human algorithmic networks that process them.

Inputs are fed into the system, which is layered. Each layer provides an opportunity for a more refined knowledge of the inputs (shape, color, lines). Neural networks compare actual outputs to expected ones, and correct the predictive error through repetition and optimization. They train their own pattern recognition, thereby optimizing their learning curve and producing increasingly accurate outputs.

The deeper the layers are, the higher the level of abstraction. The highest layers are able to identify the contents of a given input with reasonable accuracy, after extended periods of training.

Creation thus becomes increasingly automated through what Deltorn calls “the arcane traceries of deep architecture”. The results are sufficiently abstracted from their sources to produce original creations that have been exhibited in galleries, sold at auction and performed at concerts.

The originality of DNN’s is a combined product of technological automation on one hand, human inputs and decisions on the other.

DNN’s are gaining popularity. Various platforms (such as DeepDream) now allow internet users to generate their very own new creations . This popularization of the automation process calls for a comprehensive legal framework that ensures a creator’s economic and moral rights with regards to his work – copyright protection.

Form, originality and attribution are the three requirements for copyright. And while DNN creations satisfy the first of these three, the claim to originality and attribution will depend largely on a given country legislation and on the traceability of the human creator.

Legislation usually sets a low threshold to originality. As DNN creations could in theory be able to create an endless number of riffs on source materials, the uncurbed creation of original works could inflate the existing number of copyright protections.

Additionally, a small number of national copyright laws confers attribution to what UK legislation defines loosely as “the person by whom the arrangements necessary for the creation of the work are undertaken.” In the case of DNN’s, this could mean anybody from the programmer to the user of a DNN interface.

Combined with an overly supple take on originality, this view on attribution would further increase the number of copyrightable works.

The risk, in both cases, is that artists will be less willing to publish their own works, for fear of infringement of DNN copyright protections.

In order to promote creativity – one seminal aim of copyright protection – the issue must be limited to creations that manifest a personal voice “and not just the electric glint of a computational engine,” to quote Deltorn. A delicate act of discernment.

DNN’s promise new avenues of creative expression for artists – with potential caveats. Copyright protection – a “catalyst to creativity” – must be contained. Many of us gently bask in the glow of an increasingly automated form of technology. But if we want to safeguard the ineffable quality that defines much art, it might be a good idea to hone in more closely on the differences between the electric and the creative spark.

This research is and be will part of a broader Frontiers Research Topic collection of articles on Deep Learning and Digital Humanities.

Here’s a link to and a citation for the paper,

Deep Creations: Intellectual Property and the Automata by Jean-Marc Deltorn. Front. Digit. Humanit., 01 February 2017 | https://doi.org/10.3389/fdigh.2017.00003

This paper is open access.

Conference on governance of emerging technologies

I received an April 17, 2017 notice via email about this upcoming conference. Here’s more from the Fifth Annual Conference on Governance of Emerging Technologies: Law, Policy and Ethics webpage,

The Fifth Annual Conference on Governance of Emerging Technologies:

Law, Policy and Ethics held at the new

Beus Center for Law & Society in Phoenix, AZ

May 17-19, 2017!

Call for Abstracts – Now Closed

The conference will consist of plenary and session presentations and discussions on regulatory, governance, legal, policy, social and ethical aspects of emerging technologies, including (but not limited to) nanotechnology, synthetic biology, gene editing, biotechnology, genomics, personalized medicine, human enhancement technologies, telecommunications, information technologies, surveillance technologies, geoengineering, neuroscience, artificial intelligence, and robotics. The conference is premised on the belief that there is much to be learned and shared from and across the governance experience and proposals for these various emerging technologies.

Keynote Speakers:

Gillian HadfieldRichard L. and Antoinette Schamoi Kirtland Professor of Law and Professor of Economics USC [University of Southern California] Gould School of Law

Shobita Parthasarathy, Associate Professor of Public Policy and Women’s Studies, Director, Science, Technology, and Public Policy Program University of Michigan

Stuart Russell, Professor at [University of California] Berkeley, is a computer scientist known for his contributions to artificial intelligence

Craig Shank, Vice President for Corporate Standards Group in Microsoft’s Corporate, External and Legal Affairs (CELA)

Plenary Panels:

Innovation – Responsible and/or Permissionless

Ellen-Marie Forsberg, Senior Researcher/Research Manager at Oslo and Akershus University College of Applied Sciences

Adam Thierer, Senior Research Fellow with the Technology Policy Program at the Mercatus Center at George Mason University

Wendell Wallach, Consultant, ethicist, and scholar at Yale University’s Interdisciplinary Center for Bioethics

 Gene Drives, Trade and International Regulations

Greg Kaebnick, Director, Editorial Department; Editor, Hastings Center Report; Research Scholar, Hastings Center

Jennifer Kuzma, Goodnight-North Carolina GlaxoSmithKline Foundation Distinguished Professor in Social Sciences in the School of Public and International Affairs (SPIA) and co-director of the Genetic Engineering and Society (GES) Center at North Carolina State University

Andrew Maynard, Senior Sustainability Scholar, Julie Ann Wrigley Global Institute of Sustainability Director, Risk Innovation Lab, School for the Future of Innovation in Society Professor, School for the Future of Innovation in Society, Arizona State University

Gary Marchant, Regents’ Professor of Law, Professor of Law Faculty Director and Faculty Fellow, Center for Law, Science & Innovation, Arizona State University

Marc Saner, Inaugural Director of the Institute for Science, Society and Policy, and Associate Professor, University of Ottawa Department of Geography

Big Data

Anupam Chander, Martin Luther King, Jr. Professor of Law and Director, California International Law Center, UC Davis School of Law

Pilar Ossorio, Professor of Law and Bioethics, University of Wisconsin, School of Law and School of Medicine and Public Health; Morgridge Institute for Research, Ethics Scholar-in-Residence

George Poste, Chief Scientist, Complex Adaptive Systems Initiative (CASI) (http://www.casi.asu.edu/), Regents’ Professor and Del E. Webb Chair in Health Innovation, Arizona State University

Emily Shuckburgh, climate scientist and deputy head of the Polar Oceans Team at the British Antarctic Survey, University of Cambridge

 Responsible Development of AI

Spring Berman, Ira A. Fulton Schools of Engineering, Arizona State University

John Havens, The IEEE [Institute of Electrical and Electronics Engineers] Global Initiative for Ethical Considerations in Artificial Intelligence and Autonomous Systems

Subbarao Kambhampati, Senior Sustainability Scientist, Julie Ann Wrigley Global Institute of Sustainability, Professor, School of Computing, Informatics and Decision Systems Engineering, Ira A. Fulton Schools of Engineering, Arizona State University

Wendell Wallach, Consultant, Ethicist, and Scholar at Yale University’s Interdisciplinary Center for Bioethics

Existential and Catastrophic Ricks [sic]

Tony Barrett, Co-Founder and Director of Research of the Global Catastrophic Risk Institute

Haydn Belfield,  Academic Project Administrator, Centre for the Study of Existential Risk at the University of Cambridge

Margaret E. Kosal Associate Director, Sam Nunn School of International Affairs, Georgia Institute of Technology

Catherine Rhodes,  Academic Project Manager, Centre for the Study of Existential Risk at CSER, University of Cambridge

These were the panels that are of interest to me; there are others on the homepage.

Here’s some information from the Conference registration webpage,

Early Bird Registration – $50 off until May 1! Enter discount code: earlybirdGETs50

New: Group Discount – Register 2+ attendees together and receive an additional 20% off for all group members!

Click Here to Register!

Conference registration fees are as follows:

  • General (non-CLE) Registration: $150.00
  • CLE Registration: $350.00
  • *Current Student / ASU Law Alumni Registration: $50.00
  • ^Cybsersecurity sessions only (May 19): $100 CLE / $50 General / Free for students (registration info coming soon)

There you have it.

Neuro-techno future laws

I’m pretty sure this isn’t the first exploration of potential legal issues arising from research into neuroscience although it’s the first one I’ve stumbled across. From an April 25, 2017 news item on phys.org,

New human rights laws to prepare for advances in neurotechnology that put the ‘freedom of the mind’ at risk have been proposed today in the open access journal Life Sciences, Society and Policy.

The authors of the study suggest four new human rights laws could emerge in the near future to protect against exploitation and loss of privacy. The four laws are: the right to cognitive liberty, the right to mental privacy, the right to mental integrity and the right to psychological continuity.

An April 25, 2017 Biomed Central news release on EurekAlert, which originated the news item, describes the work in more detail,

Marcello Ienca, lead author and PhD student at the Institute for Biomedical Ethics at the University of Basel, said: “The mind is considered to be the last refuge of personal freedom and self-determination, but advances in neural engineering, brain imaging and neurotechnology put the freedom of the mind at risk. Our proposed laws would give people the right to refuse coercive and invasive neurotechnology, protect the privacy of data collected by neurotechnology, and protect the physical and psychological aspects of the mind from damage by the misuse of neurotechnology.”

Advances in neurotechnology, such as sophisticated brain imaging and the development of brain-computer interfaces, have led to these technologies moving away from a clinical setting and into the consumer domain. While these advances may be beneficial for individuals and society, there is a risk that the technology could be misused and create unprecedented threats to personal freedom.

Professor Roberto Andorno, co-author of the research, explained: “Brain imaging technology has already reached a point where there is discussion over its legitimacy in criminal court, for example as a tool for assessing criminal responsibility or even the risk of reoffending. Consumer companies are using brain imaging for ‘neuromarketing’, to understand consumer behaviour and elicit desired responses from customers. There are also tools such as ‘brain decoders’ which can turn brain imaging data into images, text or sound. All of these could pose a threat to personal freedom which we sought to address with the development of four new human rights laws.”

The authors explain that as neurotechnology improves and becomes commonplace, there is a risk that the technology could be hacked, allowing a third-party to ‘eavesdrop’ on someone’s mind. In the future, a brain-computer interface used to control consumer technology could put the user at risk of physical and psychological damage caused by a third-party attack on the technology. There are also ethical and legal concerns over the protection of data generated by these devices that need to be considered.

International human rights laws make no specific mention to neuroscience, although advances in biomedicine have become intertwined with laws, such as those concerning human genetic data. Similar to the historical trajectory of the genetic revolution, the authors state that the on-going neurorevolution will force a reconceptualization of human rights laws and even the creation of new ones.

Marcello Ienca added: “Science-fiction can teach us a lot about the potential threat of technology. Neurotechnology featured in famous stories has in some cases already become a reality, while others are inching ever closer, or exist as military and commercial prototypes. We need to be prepared to deal with the impact these technologies will have on our personal freedom.”

Here’s a link to and a citation for the paper,

Towards new human rights in the age of neuroscience and neurotechnology by Marcello Ienca and Roberto Andorno. Life Sciences, Society and Policy201713:5 DOI: 10.1186/s40504-017-0050-1 Published: 26 April 2017

©  The Author(s). 2017

This paper is open access.

Synbio (synthetic biology) hits the big time: Venter, media storm, and synbio collaboration webcast

Craig Venter’s and his team’s achievement is being touted widely right now. From the news item (Researchers create first self-replicating, synthetic bacterial cell) on Nanowerk,

The team synthesized the 1.08 million base pair chromosome of a modified Mycoplasma mycoides genome. The synthetic cell is called Mycoplasma mycoides JCVI-syn1.0 and is the proof of principle that genomes can be designed in the computer, chemically made in the laboratory and transplanted into a recipient cell to produce a new self-replicating cell controlled only by the synthetic genome.

This research will be published by Daniel Gibson et al in the May 20th edition of Science Express and will appear in an upcoming print issue of Science.

This has, of course, roused a discussion which is taking place in the blogosphere, in science journals, and elsewhere. Dave Bruggeman at his Pasco Phronesis blog offers a few thoughts about the achievement,

While many are hailing the replication as a significant breakthrough, others are not as impressed. For one thing, while it is described in some circles as synthetic life, the new life has a synthetic inside housed within a pre-existing bacterium shell. For another, there are related projects involving higher lifeforms that may deserve greater attention from a policy perspective.

His comments provide a bracing contrast to some of the hyperbole as per this news item (Life after the synthetic cell – opinions from eight leading synthetic-biology pundits) on Nanowerk,

In the Opinion section of Nature, eight leading synthetic-biology pundits reflect on what effect Craig Venter’s latest achievement could have on science and society.

All the commentators hail the work as highly significant — Arthur Caplan going so far as to describe it as “one of the most important scientific achievements in the history of mankind”. Beyond that they have mixed feelings about what the Mycoplasma bacterium represents.

Coincidentally (or not), the Hudson Institute is hosting its third meeting about moral issues and synthetic biology. From this news item (Moral issues raised by synthetic biology subject of Hastings Center Project) on Nanowerk,

The Hastings Center has been at the forefront of interdisciplinary research into ethical issues in emerging technology. The synthetic biology project is funded by a grant from the Alfred P. Sloan Foundation . Project participants include synthetic biologists, bioethicists, philosophers, and public policy experts. The Center’s work is part of a comprehensive look at synthetic biology by the Alfred P. Sloan Foundation. Other participants in the initiative are the J. Craig Venter Institute and the Woodrow Wilson International Center for Scholars. [emphasis mine]

Intriguingly, the Woodrow Wilson Center hosts the Synthetic Biology Project (a spinoff from their Project on Emerging Technologies [PEN]).

Last week (May 12, 2010), the SynBio Project webcast (access here) an event titled, Synbio in Society: Toward New Forms of Collaboration? which featured,

One response to society’s concerns about synthetic biology has been to institutionalize the involve­ment of social scientists in the field. There have been a series of initiatives in which ethics and biosafety approaches have been purposely incorporated into synthetic biology research and development. [emphasis mine] The collaborative Human Practices model within the NSF-funded SynBERC project was the first initiative in which social scientists were explicitly integrated into a synthetic biology research program. But these new collaborations have also flourished in the UK where four research councils have funded seven scientific networks in synthetic biology that require consideration of ethical, legal and social issues. Another example is the US-UK Synthetic Aesthetics Project, which brings together synthetic biologists, social scientists, designers and artists to explore collaborations between synthetic biology and the creative professions.

Similarly, the European Commission’s Seventh Framework Program funds a project called Synth-ethics, which “aims at discerning relevant ethical issues in close collaboration with the synthetic biology community.

I watched the webcast as it was being streamed live unaware that a big announcement would be made this week. The science community did not share my ignorance so this work has been discussed for months (Science is a peer-reviewed journal and peer review, even if expedited, is going to take more than a month).

I’m willing to bet that the webcast and the Hudson Institute meeting were timed to coincide with the announcement and that the journal Nature was given lots of time to solicit opinions from eight experts.

I have one more item of note. Science Channel will be presenting a special programme on Venter’s work,”Creating Synthetic Life, premiering Thursday, June 3, 2010, at 8PM e/p.” More from their press announcement,

Over the course of five years, only Science Channel cameras captured the failures, successes and breakthrough moments of Dr. Venter, Nobel Laureate Hamilton Smith, Dr. Clyde Hutchison and JCVI [J. Craig Venter Institute] researchers as they meticulously sought to create a synthetic single-celled organism.

What exactly does today’s news mean for the human race? Where exactly will it take us? Could the technology be used for negative purposes? What are the ethical concerns we must weigh before using it?… This one-hour special is an open forum discussion featuring Dr. Venter, leading bioethicists, top scientists and other members of the scientific community discussing the breakthrough’s ramifications and how it may change our world and the future.

Your Questions Answered allows viewers to ask the experts about how this technology will affect their lives. From now through May 26, submit your questions via Facebook, and they could be asked during the show.

Clearly, Science Channel took a calculated risk (see Venter’s bio page to understand why it was a calculated risk) when they started following Venter’s work.

In looking at all this, it’s fascinating to consider the combination of planning, calculated risk-taking, and luck that have come together to create this ‘synthetic biology moment’.

Of special interest to me, is the way that social scientists and ethicists and others have been integrated into the larger synthetic biology initiative. In my more cynical moments, I view this integration as a means of trying to allay concerns before a ‘stem cell’ or GM (genetically modified) food (aka Frankenfoods) controversy erupts. In less cynical moments, I like to think that lessons were learned and that the concerns will be heard and heeded.