Tag Archives: neuromarketing

Unveiling the Neurotechnology Landscape: Scientific Advancements, Innovations and Major Trends—a UNESCO report

Launched on Thursday, July 13, 2023 during UNESCO’s (United Nations Educational, Scientific, and Cultural Organization) “Global dialogue on the ethics of neurotechnology,” is a report tying together the usual measures of national scientific supremacy (number of papers published and number of patents filed) with information on corporate investment in the field. Consequently, “Unveiling the Neurotechnology Landscape: Scientific Advancements, Innovations and Major Trends” by Daniel S. Hain, Roman Jurowetzki, Mariagrazia Squicciarini, and Lihui Xu provides better insight into the international neurotechnology scene than is sometimes found in these kinds of reports. By the way, the report is open access.

Here’s what I mean, from the report‘s short summary,

Since 2013, government investments in this field have exceeded $6 billion. Private investment has also seen significant growth, with annual funding experiencing a 22-fold increase from 2010 to 2020, reaching $7.3 billion and totaling $33.2 billion.

This investment has translated into a 35-fold growth in neuroscience publications between 2000-2021 and 20-fold growth in innovations between 2022-2020, as proxied by patents. However, not all are poised to benefit from such developments, as big divides emerge.

Over 80% of high-impact neuroscience publications are produced by only ten countries, while 70% of countries contributed fewer than 10 such papers over the period considered. Similarly, five countries only hold 87% of IP5 neurotech patents.

This report sheds light on the neurotechnology ecosystem, that is, what is being developed, where and by whom, and informs about how neurotechnology interacts with other technological trajectories, especially Artificial Intelligence [emphasis mine]. [p. 2]

The money aspect is eye-opening even when you already have your suspicions. Also, it’s not entirely unexpected to learn that only ten countries produce over 80% of the high impact neurotech papers and that only five countries hold 87% of the IP5 neurotech patents but it is stunning to see it in context. (If you’re not familiar with the term ‘IP5 patents’, scroll down in this post to the relevant subhead. Hint: It means the patent was filed in one of the top five jurisdictions; I’ll leave you to guess which ones those might be.)

“Since 2013 …” isn’t quite as informative as the authors may have hoped. I wish they had given a time frame for government investments similar to what they did for corporate investments (e.g., 2010 – 2020). Also, is the $6B (likely in USD) government investment cumulative or an estimated annual number? To sum up, I would have appreciated parallel structure and specificity.

Nitpicks aside, there’s some very good material intended for policy makers. On that note, some of the analysis is beyond me. I haven’t used anything even somewhat close to their analytical tools in years and years. This commentaries reflects my interests and a very rapid reading. One last thing, this is being written from a Canadian perspective. With those caveats in mind, here’s some of what I found.

A definition, social issues, country statistics, and more

There’s a definition for neurotechnology and a second mention of artificial intelligence being used in concert with neurotechnology. From the report‘s executive summary,

Neurotechnology consists of devices and procedures used to access, monitor, investigate, assess, manipulate, and/or emulate the structure and function of the neural systems of animals or human beings. It is poised to revolutionize our understanding of the brain and to unlock innovative solutions to treat a wide range of diseases and disorders.

Similarly to Artificial Intelligence (AI), and also due to its convergence with AI, neurotechnology may have profound societal and economic impact, beyond the medical realm. As neurotechnology directly relates to the brain, it triggers ethical considerations about fundamental aspects of human existence, including mental integrity, human dignity, personal identity, freedom of thought, autonomy, and privacy [emphases mine]. Its potential for enhancement purposes and its accessibility further amplifies its prospect social and societal implications.

The recent discussions held at UNESCO’s Executive Board further shows Member States’ desire to address the ethics and governance of neurotechnology through the elaboration of a new standard-setting instrument on the ethics of neurotechnology, to be adopted in 2025. To this end, it is important to explore the neurotechnology landscape, delineate its boundaries, key players, and trends, and shed light on neurotech’s scientific and technological developments. [p. 7]

Here’s how they sourced the data for the report,

The present report addresses such a need for evidence in support of policy making in
relation to neurotechnology by devising and implementing a novel methodology on data from scientific articles and patents:

● We detect topics over time and extract relevant keywords using a transformer-
based language models fine-tuned for scientific text. Publication data for the period
2000-2021 are sourced from the Scopus database and encompass journal articles
and conference proceedings in English. The 2,000 most cited publications per year
are further used in in-depth content analysis.
● Keywords are identified through Named Entity Recognition and used to generate
search queries for conducting a semantic search on patents’ titles and abstracts,
using another language model developed for patent text. This allows us to identify
patents associated with the identified neuroscience publications and their topics.
The patent data used in the present analysis are sourced from the European
Patent Office’s Worldwide Patent Statistical Database (PATSTAT). We consider
IP5 patents filed between 2000-2020 having an English language abstract and
exclude patents solely related to pharmaceuticals.

This approach allows mapping the advancements detailed in scientific literature to the technological applications contained in patent applications, allowing for an analysis of the linkages between science and technology. This almost fully automated novel approach allows repeating the analysis as neurotechnology evolves. [pp. 8-9[

Findings in bullet points,

Key stylized facts are:
● The field of neuroscience has witnessed a remarkable surge in the overall number
of publications since 2000, exhibiting a nearly 35-fold increase over the period
considered, reaching 1.2 million in 2021. The annual number of publications in
neuroscience has nearly tripled since 2000, exceeding 90,000 publications a year
in 2021. This increase became even more pronounced since 2019.
● The United States leads in terms of neuroscience publication output (40%),
followed by the United Kingdom (9%), Germany (7%), China (5%), Canada (4%),
Japan (4%), Italy (4%), France (4%), the Netherlands (3%), and Australia (3%).
These countries account for over 80% of neuroscience publications from 2000 to
2021.
● Big divides emerge, with 70% of countries in the world having less than 10 high-
impact neuroscience publications between 2000 to 2021.
● Specific neurotechnology-related research trends between 2000 and 2021 include:
○ An increase in Brain-Computer Interface (BCI) research around 2010,
maintaining a consistent presence ever since.
○ A significant surge in Epilepsy Detection research in 2017 and 2018,
reflecting the increased use of AI and machine learning in healthcare.
○ Consistent interest in Neuroimaging Analysis, which peaks around 2004,
likely because of its importance in brain activity and language
comprehension studies.
○ While peaking in 2016 and 2017, Deep Brain Stimulation (DBS) remains a
persistent area of research, underlining its potential in treating conditions
like Parkinson’s disease and essential tremor.
● Between 2000 and 2020, the total number of patent applications in this field
increased significantly, experiencing a 20-fold increase from less than 500 to over
12,000. In terms of annual figures, a consistent upward trend in neurotechnology-10
related patent applications emerges, with a notable doubling observed between
2015 and 2020.
• The United States account for nearly half of all worldwide patent applications (47%).
Other major contributors include South Korea (11%), China (10%), Japan (7%),
Germany (7%), and France (5%). These five countries together account for 87%
of IP5 neurotech patents applied between 2000 and 2020.
○ The United States has historically led the field, with a peak around 2010, a
decline towards 2015, and a recovery up to 2020.
○ South Korea emerged as a significant contributor after 1990, overtaking
Germany in the late 2000s to become the second-largest developer of
neurotechnology. By the late 2010s, South Korea’s annual neurotechnology
patent applications approximated those of the United States.
○ China exhibits a sharp increase in neurotechnology patent applications in
the mid-2010s, bringing it on par with the United States in terms of
application numbers.
● The United States ranks highest in both scientific publications and patents,
indicating their strong ability to transform knowledge into marketable inventions.
China, France, and Korea excel in leveraging knowledge to develop patented
innovations. Conversely, countries such as the United Kingdom, Germany, Italy,
Canada, Brazil, and Australia lag behind in effectively translating neurotech
knowledge into patentable innovations.
● In terms of patent quality measured by forward citations, the leading countries are
Germany, US, China, Japan, and Korea.
● A breakdown of patents by technology field reveals that Computer Technology is
the most important field in neurotechnology, exceeding Medical Technology,
Biotechnology, and Pharmaceuticals. The growing importance of algorithmic
applications, including neural computing techniques, also emerges by looking at
the increase in patent applications in these fields between 2015-2020. Compared
to the reference year, computer technologies-related patents in neurotech
increased by 355% and by 92% in medical technology.
● An analysis of the specialization patterns of the top-5 countries developing
neurotechnologies reveals that Germany has been specializing in chemistry-
related technology fields, whereas Asian countries, particularly South Korea and
China, focus on computer science and electrical engineering-related fields. The
United States exhibits a balanced configuration with specializations in both
chemistry and computer science-related fields.
● The entities – i.e. both companies and other institutions – leading worldwide
innovation in the neurotech space are: IBM (126 IP5 patents, US), Ping An
Technology (105 IP5 patents, CH), Fujitsu (78 IP5 patents, JP), Microsoft (76 IP511
patents, US)1, Samsung (72 IP5 patents, KR), Sony (69 IP5 patents JP) and Intel
(64 IP5 patents US)

This report further proposes a pioneering taxonomy of neurotechnologies based on International Patent Classification (IPC) codes.

• 67 distinct patent clusters in neurotechnology are identified, which mirror the diverse research and development landscape of the field. The 20 most prominent neurotechnology groups, particularly in areas like multimodal neuromodulation, seizure prediction, neuromorphic computing [emphasis mine], and brain-computer interfaces, point to potential strategic areas for research and commercialization.
• The variety of patent clusters identified mirrors the breadth of neurotechnology’s potential applications, from medical imaging and limb rehabilitation to sleep optimization and assistive exoskeletons.
• The development of a baseline IPC-based taxonomy for neurotechnology offers a structured framework that enriches our understanding of this technological space, and can facilitate research, development and analysis. The identified key groups mirror the interdisciplinary nature of neurotechnology and underscores the potential impact of neurotechnology, not only in healthcare but also in areas like information technology and biomaterials, with non-negligible effects over societies and economies.

1 If we consider Microsoft Technology Licensing LLM and Microsoft Corporation as being under the same umbrella, Microsoft leads worldwide developments with 127 IP5 patents. Similarly, if we were to consider that Siemens AG and Siemens Healthcare GmbH belong to the same conglomerate, Siemens would appear much higher in the ranking, in third position, with 84 IP5 patents. The distribution of intellectual property assets across companies belonging to the same conglomerate is frequent and mirrors strategic as well as operational needs and features, among others. [pp. 9-11]

Surprises and comments

Interesting and helpful to learn that “neurotechnology interacts with other technological trajectories, especially Artificial Intelligence;” this has changed and improved my understanding of neurotechnology.

It was unexpected to find Canada in the top ten countries producing neuroscience papers. However, finding out that the country lags in translating its ‘neuro’ knowledge into patentable innovation is not entirely a surprise.

It can’t be an accident that countries with major ‘electronics and computing’ companies lead in patents. These companies do have researchers but they also buy startups to acquire patents. They (and ‘patent trolls’) will also file patents preemptively. For the patent trolls, it’s a moneymaking proposition and for the large companies, it’s a way of protecting their own interests and/or (I imagine) forcing a sale.

The mention of neuromorphic (brainlike) computing in the taxonomy section was surprising and puzzling. Up to this point, I’ve thought of neuromorphic computing as a kind of alternative or addition to standard computing but the authors have blurred the lines as per UNESCO’s definition of neurotechnology (specifically, “… emulate the structure and function of the neural systems of animals or human beings”) . Again, this report is broadening my understanding of neurotechnology. Of course, it required two instances before I quite grasped it, the definition and the taxonomy.

What’s puzzling is that neuromorphic engineering, a broader term that includes neuromorphic computing, isn’t used or mentioned. (For an explanation of the terms neuromorphic computing and neuromorphic engineering, there’s my June 23, 2023 posting, “Neuromorphic engineering: an overview.” )

The report

I won’t have time for everything. Here are some of the highlights from my admittedly personal perspective.

It’s not only about curing disease

From the report,

Neurotechnology’s applications however extend well beyond medicine [emphasis mine], and span from research, to education, to the workplace, and even people’s everyday life. Neurotechnology-based solutions may enhance learning and skill acquisition and boost focus through brain stimulation techniques. For instance, early research finds that brain- zapping caps appear to boost memory for at least one month (Berkeley, 2022). This could one day be used at home to enhance memory functions [emphasis mine]. They can further enable new ways to interact with the many digital devices we use in everyday life, transforming the way we work, live and interact. One example is the Sound Awareness wristband developed by a Stanford team (Neosensory, 2022) which enables individuals to “hear” by converting sound into tactile feedback, so that sound impaired individuals can perceive spoken words through their skin. Takagi and Nishimoto (2023) analyzed the brain scans taken through Magnetic Resonance Imaging (MRI) as individuals were shown thousands of images. They then trained a generative AI tool called Stable Diffusion2 on the brain scan data of the study’s participants, thus creating images that roughly corresponded to the real images shown. While this does not correspond to reading the mind of people, at least not yet, and some limitations of the study have been highlighted (Parshall, 2023), it nevertheless represents an important step towards developing the capability to interface human thoughts with computers [emphasis mine], via brain data interpretation.

While the above examples may sound somewhat like science fiction, the recent uptake of generative Artificial Intelligence applications and of large language models such as ChatGPT or Bard, demonstrates that the seemingly impossible can quickly become an everyday reality. At present, anyone can purchase online electroencephalogram (EEG) devices for a few hundred dollars [emphasis mine], to measure the electrical activity of their brain for meditation, gaming, or other purposes. [pp. 14-15]

This is very impressive achievement. Some of the research cited was published earlier this year (2023). The extraordinary speed is a testament to the efforts by the authors and their teams. It’s also a testament to how quickly the field is moving.

I’m glad to see the mention of and focus on consumer neurotechnology. (While the authors don’t speculate, I am free to do so.) Consumer neurotechnology could be viewed as one of the steps toward normalizing a cyborg future for all of us. Yes, we have books, television programmes, movies, and video games, which all normalize the idea but the people depicted have been severely injured and require the augmentation. With consumer neurotechnology, you have easily accessible devices being used to enhance people who aren’t injured, they just want to be ‘better’.

This phrase seemed particularly striking “… an important step towards developing the capability to interface human thoughts with computers” in light of some claims made by the Australian military in my June 13, 2023 posting “Mind-controlled robots based on graphene: an Australian research story.” (My posting has an embedded video demonstrating the Brain Robotic Interface (BRI) in action. Also, see the paragraph below the video for my ‘measured’ response.)

There’s no mention of the military in the report which seems more like a deliberate rather than inadvertent omission given the importance of military innovation where technology is concerned.

This section gives a good overview of government initiatives (in the report it’s followed by a table of the programmes),

Thanks to the promises it holds, neurotechnology has garnered significant attention from both governments and the private sector and is considered by many as an investment priority. According to the International Brain Initiative (IBI), brain research funding has become increasingly important over the past ten years, leading to a rise in large-scale state-led programs aimed at advancing brain intervention technologies(International Brain Initiative, 2021). Since 2013, initiatives such as the United States’ Brain Research Through Advancing Innovative Neurotechnologies (BRAIN) Initiative and the European Union’s Human Brain Project (HBP), as well as major national initiatives in China, Japan and South Korea have been launched with significant funding support from the respective governments. The Canadian Brain Research Strategy, initially operated as a multi- stakeholder coalition on brain research, is also actively seeking funding support from the government to transform itself into a national research initiative (Canadian Brain Research Strategy, 2022). A similar proposal is also seen in the case of the Australian Brain Alliance, calling for the establishment of an Australian Brain Initiative (Australian Academy of Science, n.d.). [pp. 15-16]

Privacy

There are some concerns such as these,

Beyond the medical realm, research suggests that emotional responses of consumers
related to preferences and risks can be concurrently tracked by neurotechnology, such
as neuroimaging and that neural data can better predict market-level outcomes than
traditional behavioral data (Karmarkar and Yoon, 2016). As such, neural data is
increasingly sought after in the consumer market for purposes such as digital
phenotyping4, neurogaming 5,and neuromarketing6 (UNESCO, 2021). This surge in demand gives rise to risks like hacking, unauthorized data reuse, extraction of privacy-sensitive information, digital surveillance, criminal exploitation of data, and other forms of abuse. These risks prompt the question of whether neural data needs distinct definition and safeguarding measures.

These issues are particularly relevant today as a wide range of electroencephalogram (EEG) headsets that can be used at home are now available in consumer markets for purposes that range from meditation assistance to controlling electronic devices through the mind. Imagine an individual is using one of these devices to play a neurofeedback game, which records the person’s brain waves during the game. Without the person being aware, the system can also identify the patterns associated with an undiagnosed mental health condition, such as anxiety. If the game company sells this data to third parties, e.g. health insurance providers, this may lead to an increase of insurance fees based on undisclosed information. This hypothetical situation would represent a clear violation of mental privacy and of unethical use of neural data.

Another example is in the field of advertising, where companies are increasingly interested in using neuroimaging to better understand consumers’ responses to their products or advertisements, a practice known as neuromarketing. For instance, a company might use neural data to determine which advertisements elicit the most positive emotional responses in consumers. While this can help companies improve their marketing strategies, it raises significant concerns about mental privacy. Questions arise in relation to consumers being aware or not that their neural data is being used, and in the extent to which this can lead to manipulative advertising practices that unfairly exploit unconscious preferences. Such potential abuses underscore the need for explicit consent and rigorous data protection measures in the use of neurotechnology for neuromarketing purposes. [pp. 21-22]

Legalities

Some countries already have laws and regulations regarding neurotechnology data,

At the national level, only a few countries have enacted laws and regulations to protect mental integrity or have included neuro-data in personal data protection laws (UNESCO, University of Milan-Bicocca (Italy) and State University of New York – Downstate Health Sciences University, 2023). Examples are the constitutional reform undertaken by Chile (Republic of Chile, 2021), the Charter for the responsible development of neurotechnologies of the Government of France (Government of France, 2022), and the Digital Rights Charter of the Government of Spain (Government of Spain, 2021). They propose different approaches to the regulation and protection of human rights in relation to neurotechnology. Countries such as the UK are also examining under which circumstances neural data may be considered as a special category of data under the general data protection framework (i.e. UK’s GDPR) (UK’s Information Commissioner’s Office, 2023) [p. 24]

As you can see, these are recent laws. There doesn’t seem to be any attempt here in Canada even though there is an act being reviewed in Parliament that could conceivably include neural data. This is from my May 1, 2023 posting,

Bill C-27 (Digital Charter Implementation Act, 2022) is what I believe is called an omnibus bill as it includes three different pieces of proposed legislation (the Consumer Privacy Protection Act [CPPA], the Artificial Intelligence and Data Act [AIDA], and the Personal Information and Data Protection Tribunal Act [PIDPTA]). [emphasis added July 11, 2023] You can read the Innovation, Science and Economic Development (ISED) Canada summary here or a detailed series of descriptions of the act here on the ISED’s Canada’s Digital Charter webpage.

My focus at the time was artificial intelligence and, now, after reading this UNESCO report and briefly looking at the Innovation, Science and Economic Development (ISED) Canada summary and a detailed series of descriptions of the act on ISED’s Canada’s Digital Charter webpage, I don’t see anything that specifies neural data but it’s not excluded either.

IP5 patents

Here’s the explanation (the footnote is included at the end of the excerpt),

IP5 patents represent a subset of overall patents filed worldwide, which have the
characteristic of having been filed in at least one top intellectual property offices (IPO)
worldwide (the so called IP5, namely the Chinese National Intellectual Property
Administration, CNIPA (formerly SIPO); the European Patent Office, EPO; the Japan
Patent Office, JPO; the Korean Intellectual Property Office, KIPO; and the United States
Patent and Trademark Office, USPTO) as well as another country, which may or may not be an IP5. This signals their potential applicability worldwide, as their inventiveness and industrial viability have been validated by at least two leading IPOs. This gives these patents a sort of “quality” check, also since patenting inventions is costly and if applicants try to protect the same invention in several parts of the world, this normally mirrors that the applicant has expectations about their importance and expected value. If we were to conduct the same analysis using information about individually considered patent applied worldwide, i.e. without filtering for quality nor considering patent families, we would risk conducting a biased analysis based on duplicated data. Also, as patentability standards vary across countries and IPOs, and what matters for patentability is the existence (or not) of prior art in the IPO considered, we would risk mixing real innovations with patents related to catching up phenomena in countries that are not at the forefront of the technology considered.

9 The five IP offices (IP5) is a forum of the five largest intellectual property offices in the world that was set up to improve the efficiency of the examination process for patents worldwide. The IP5 Offices together handle about 80% of the world’s patent applications, and 95% of all work carried out under the Patent Cooperation Treaty (PCT), see http://www.fiveipoffices.org. (Dernis et al., 2015) [p. 31]

AI assistance on this report

As noted earlier I have next to no experience with the analytical tools having not attempted this kind of work in several years. Here’s an example of what they were doing,

We utilize a combination of text embeddings based on Bidirectional Encoder
Representations from Transformer (BERT), dimensionality reduction, and hierarchical
clustering inspired by the BERTopic methodology 12 to identify latent themes within
research literature. Latent themes or topics in the context of topic modeling represent
clusters of words that frequently appear together within a collection of documents (Blei, 2012). These groupings are not explicitly labeled but are inferred through computational analysis examining patterns in word usage. These themes are ‘hidden’ within the text, only to be revealed through this analysis. …

We further utilize OpenAI’s GPT-4 model to enrich our understanding of topics’ keywords and to generate topic labels (OpenAI, 2023), thus supplementing expert review of the broad interdisciplinary corpus. Recently, GPT-4 has shown impressive results in medical contexts across various evaluations (Nori et al., 2023), making it a useful tool to enhance the information obtained from prior analysis stages, and to complement them. The automated process enhances the evaluation workflow, effectively emphasizing neuroscience themes pertinent to potential neurotechnology patents. Notwithstanding existing concerns about hallucinations (Lee, Bubeck and Petro, 2023) and errors in generative AI models, this methodology employs the GPT-4 model for summarization and interpretation tasks, which significantly mitigates the likelihood of hallucinations. Since the model is constrained to the context provided by the keyword collections, it limits the potential for fabricating information outside of the specified boundaries, thereby enhancing the accuracy and reliability of the output. [pp. 33-34]

I couldn’t resist adding the ChatGPT paragraph given all of the recent hoopla about it.

Multimodal neuromodulation and neuromorphic computing patents

I think this gives a pretty good indication of the activity on the patent front,

The largest, coherent topic, termed “multimodal neuromodulation,” comprises 535
patents detailing methodologies for deep or superficial brain stimulation designed to
address neurological and psychiatric ailments. These patented technologies interact with various points in neural circuits to induce either Long-Term Potentiation (LTP) or Long-Term Depression (LTD), offering treatment for conditions such as obsession, compulsion, anxiety, depression, Parkinson’s disease, and other movement disorders. The modalities encompass implanted deep-brain stimulators (DBS), Transcranial Magnetic Stimulation (TMS), and transcranial Direct Current Stimulation (tDCS). Among the most representative documents for this cluster are patents with titles: Electrical stimulation of structures within the brain or Systems and methods for enhancing or optimizing neural stimulation therapy for treating symptoms of Parkinson’s disease and or other movement disorders. [p.65]

Given my longstanding interest in memristors, which (I believe) have to a large extent helped to stimulate research into neuromorphic computing, this had to be included. Then, there was the brain-computer interfaces cluster,

A cluster identified as “Neuromorphic Computing” consists of 366 patents primarily
focused on devices designed to mimic human neural networks for efficient and adaptable computation. The principal elements of these inventions are resistive memory cells and artificial synapses. They exhibit properties similar to the neurons and synapses in biological brains, thus granting these devices the ability to learn and modulate responses based on rewards, akin to the adaptive cognitive capabilities of the human brain.

The primary technology classes associated with these patents fall under specific IPC
codes, representing the fields of neural network models, analog computers, and static
storage structures. Essentially, these classifications correspond to technologies that are key to the construction of computers and exhibit cognitive functions similar to human brain processes.

Examples for this cluster include neuromorphic processing devices that leverage
variations in resistance to store and process information, artificial synapses exhibiting
spike-timing dependent plasticity, and systems that allow event-driven learning and
reward modulation within neuromorphic computers.

In relation to neurotechnology as a whole, the “neuromorphic computing” cluster holds significant importance. It embodies the fusion of neuroscience and technology, thereby laying the basis for the development of adaptive and cognitive computational systems. Understanding this specific cluster provides a valuable insight into the progressing domain of neurotechnology, promising potential advancements across diverse fields, including artificial intelligence and healthcare.

The “Brain-Computer Interfaces” cluster, consisting of 146 patents, embodies a key aspect of neurotechnology that focuses on improving the interface between the brain and external devices. The technology classification codes associated with these patents primarily refer to methods or devices for treatment or protection of eyes and ears, devices for introducing media into, or onto, the body, and electric communication techniques, which are foundational elements of brain-computer interface (BCI) technologies.

Key patents within this cluster include a brain-computer interface apparatus adaptable to use environment and method of operating thereof, a double closed circuit brain-machine interface system, and an apparatus and method of brain-computer interface for device controlling based on brain signal. These inventions mainly revolve around the concept of using brain signals to control external devices, such as robotic arms, and improving the classification performance of these interfaces, even after long periods of non-use.

The inventions described in these patents improve the accuracy of device control, maintain performance over time, and accommodate multiple commands, thus significantly enhancing the functionality of BCIs.

Other identified technologies include systems for medical image analysis, limb rehabilitation, tinnitus treatment, sleep optimization, assistive exoskeletons, and advanced imaging techniques, among others. [pp. 66-67]

Having sections on neuromorphic computing and brain-computer interface patents in immediate proximity led to more speculation on my part. Imagine how much easier it would be to initiate a BCI connection if it’s powered with a neuromorphic (brainlike) computer/device. [ETA July 21, 2023: Following on from that thought, it might be more than just easier to initiate a BCI connection. Could a brainlike computer become part of your brain? Why not? it’s been successfully argued that a robotic wheelchair was part of someone’s body, see my January 30, 2013 posting and scroll down about 40% of the way.)]

Neurotech policy debates

The report concludes with this,

Neurotechnology is a complex and rapidly evolving technological paradigm whose
trajectories have the power to shape people’s identity, autonomy, privacy, sentiments,
behaviors and overall well-being, i.e. the very essence of what it means to be human.

Designing and implementing careful and effective norms and regulations ensuring that neurotechnology is developed and deployed in an ethical manner, for the good of
individuals and for society as a whole, call for a careful identification and characterization of the issues at stake. This entails shedding light on the whole neurotechnology ecosystem, that is what is being developed, where and by whom, and also understanding how neurotechnology interacts with other developments and technological trajectories, especially AI. Failing to do so may result in ineffective (at best) or distorted policies and policy decisions, which may harm human rights and human dignity.

Addressing the need for evidence in support of policy making, the present report offers first time robust data and analysis shedding light on the neurotechnology landscape worldwide. To this end, its proposes and implements an innovative approach that leverages artificial intelligence and deep learning on data from scientific publications and paten[t]s to identify scientific and technological developments in the neurotech space. The methodology proposed represents a scientific advance in itself, as it constitutes a quasi- automated replicable strategy for the detection and documentation of neurotechnology- related breakthroughs in science and innovation, to be repeated over time to account for the evolution of the sector. Leveraging this approach, the report further proposes an IPC-based taxonomy for neurotechnology which allows for a structured framework to the exploration of neurotechnology, to enable future research, development and analysis. The innovative methodology proposed is very flexible and can in fact be leveraged to investigate different emerging technologies, as they arise.

In terms of technological trajectories, we uncover a shift in the neurotechnology industry, with greater emphasis being put on computer and medical technologies in recent years, compared to traditionally dominant trajectories related to biotechnology and pharmaceuticals. This shift warrants close attention from policymakers, and calls for attention in relation to the latest (converging) developments in the field, especially AI and related methods and applications and neurotechnology.

This is all the more important and the observed growth and specialization patterns are unfolding in the context of regulatory environments that, generally, are either not existent or not fit for purpose. Given the sheer implications and impact of neurotechnology on the very essence of human beings, this lack of regulation poses key challenges related to the possible infringement of mental integrity, human dignity, personal identity, privacy, freedom of thought, and autonomy, among others. Furthermore, issues surrounding accessibility and the potential for neurotech enhancement applications triggers significant concerns, with far-reaching implications for individuals and societies. [pp. 72-73]

Last words about the report

Informative, readable, and thought-provoking. And, it helped broaden my understanding of neurotechnology.

Future endeavours?

I’m hopeful that one of these days one of these groups (UNESCO, Canadian Science Policy Centre, or ???) will tackle the issue of business bankruptcy in the neurotechnology sector. It has already occurred as noted in my ““Going blind when your neural implant company flirts with bankruptcy [long read]” April 5, 2022 posting. That story opens with a woman going blind in a New York subway when her neural implant fails. It’s how she found out the company, which supplied her implant was going out of business.

In my July 7, 2023 posting about the UNESCO July 2023 dialogue on neurotechnology, I’ve included information on Neuralink (one of Elon Musk’s companies) and its approval (despite some investigations) by the US Food and Drug Administration to start human clinical trials. Scroll down about 75% of the way to the “Food for thought” subhead where you will find stories about allegations made against Neuralink.

The end

If you want to know more about the field, the report offers a seven-page bibliography and there’s a lot of material here where you can start with this December 3, 2019 posting “Neural and technological inequalities” which features an article mentioning a discussion between two scientists. Surprisingly (to me), the source article is in Fast Company (a leading progressive business media brand), according to their tagline)..

I have two categories you may want to check: Human Enhancement and Neuromorphic Engineering. There are also a number of tags: neuromorphic computing, machine/flesh, brainlike computing, cyborgs, neural implants, neuroprosthetics, memristors, and more.

Should you have any observations or corrections, please feel free to leave them in the Comments section of this posting.

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.

Neuro Cover for latest New Scientist issue

I don’t know if you caught it but there was a bit of noise earlier this week about ‘neuromarketing’ and the cover for the latest issue of New Scientist. From the article by Addy Dugdale at Fast Company,

In these quiet months of summer, when news is scarcer than an English-born ex-CEO of an oil firm [good dig at BP Oil’s Tony Hayward], New Scientist decided to make some for itself (using nothing but 19 right-handed Englishmen, an electroencephalograph machine, a trio of potential covers, the expertise of a Berkeley-based firm called NeuroFocus, and a man-sized petri dish). Could EEG, as it is known, give the editorial team a better handle on what sort of cover design would make a future issue fly off the shelves? Being scientists (or, at least, people who write about science and its ’tists) they were skeptical. Following the experiment, held in the obligatory darkened room, they were less so.

The design that scored highest on the brainometer was the central image at the top of this page. It did so for several reasons, one of which–the red lettering–is already known to magazine bods, the others being less easily decipherable: who would have known that the word fabric is attractive to one’s brain?

Here’s the trio of choices,

The cover in the middle was the final choice.

You can see a larger version of the cover choices at the Fast Company site. Personally and based on design and colour alone, I preferred the least favourite of the covers (it’s the one to the far right).

There’s been an awful lot of noise over the years about marketers being able to penetrate the psyche/the brain/the emotions or whatever else they may be targeting this week in an effort to persuade and/or manipulate. It does seem to work but only to  a point. (My story in yeserday’s August 12, 2010 posting about Edward Bernays and Stuart Ewen’s book, PR! A Social History of Spin, being a case in point. If Bernays, had been thoroughly successful, Ewen would be known internationally for his book.)

In fact, history is filled with stories of people attempting to coerce/force/manipulate large sectors of the population. Empires fall or fade away, dictatorships are overthrown, democratic governments are thrown out of office, and so it goes.