Tag Archives: neurotechnology

Ethical nanobiotechnology

This paper on ethics (aside: I have a few comments after the news release and citation) comes from the US Pacific Northwest National Laboratory (PNNL) according to a July 12, 2023 news item on phys.org,

Prosthetics moved by thoughts. Targeted treatments for aggressive brain cancer. Soldiers with enhanced vision or bionic ears. These powerful technologies sound like science fiction, but they’re becoming possible thanks to nanoparticles.

“In medicine and other biological settings, nanotechnology is amazing and helpful, but it could be harmful if used improperly,” said Pacific Northwest National Laboratory (PNNL) chemist Ashley Bradley, part of a team of researchers who conducted a comprehensive survey of nanobiotechnology applications and policies.

Their research, available in Health Security, works to sum up the very large, active field of nanotechnology in biology applications, draw attention to regulatory gaps, and offer areas for further consideration.

A July 12, 2023 PNNL news release (also on EurekAlert), which originated the news item, delves further into the topic, Note: A link has been removed,

“In our research, we learned there aren’t many global regulations yet,” said Bradley. “And we need to create a common set of rules to figure out the ethical boundaries.”

Nanoparticles, big differences

Nanoparticles are clusters of molecules with different properties than large amounts of the same substances. In medicine and other biology applications, these properties allow nanoparticles to act as the packaging that delivers treatments through cell walls and the difficult to cross blood-brain barrier.

“You can think of the nanoparticles a little bit like the plastic around shredded cheese,” said PNNL chemist Kristin Omberg. “It makes it possible to get something perishable directly where you want it, but afterwards you’ve got to deal with a whole lot of substance where it wasn’t before.”

Unfortunately, dealing with nanoparticles in new places isn’t straightforward. Carbon is pencil lead, nano carbon conducts electricity. The same material may have different properties at the nanoscale, but most countries still regulate it the same as bulk material, if the material is regulated at all.

For example, zinc oxide, a material that was stable and unreactive as a pigment in white paint, is now accumulating in oceans when used as nanoparticles in sunscreen, warranting a call to create alternative reef-safe sunscreens. And although fats and lipids aren’t regulated, the researchers suggest which agencies could weigh in on regulations were fats to become after-treatment byproducts.

The article also inventories national and international agencies, organizations, and governing bodies with an interest in understanding how nanoparticles break down or react in a living organism and the environmental life cycle of a nanoparticle. Because nanobiotechnology spans materials science, biology, medicine, environmental science, and tech, these disparate research and regulatory disciplines must come together, often for the first time—to fully understand the impact on humans and the environment.

Dual use: Good for us, bad for us

Like other quickly growing fields, there’s a time lag between the promise of new advances and the possibilities of unintended uses.

“There were so many more applications than we thought there were,” said Bradley, who collected exciting nanobio examples such as Alzheimer’s treatment, permanent contact lenses, organ replacement, and enhanced muscle recovery, among others.

The article also highlights concerns about crossing the blood-brain barrier, thought-initiated control of computers, and nano-enabled DNA editing where the researchers suggest more caution, questioning, and attention could be warranted. This attention spans everything from deep fundamental research and regulations all the way to what Omberg called “the equivalent of tattoo removal” if home-DNA splicing attempts go south.

The researchers draw parallels to more established fields such as synthetic bio and pharmacology, which offer lessons to be learned from current concerns such as the unintended consequences of fentanyl and opioids. They believe these fields also offer examples of innovative coordination between science and ethics, such as synthetic bio’s IGEM [The International Genetically Engineered Machine competition]—student competition, to think about not just how to create, but also to shape the use and control of new technologies.

Omberg said unusually enthusiastic early reviewers of the article contributed even more potential uses and concerns, demonstrating that experts in many fields recognize ethical nanobiotechnology is an issue to get in front of. “This is a train that’s going. It will be sad if 10 years from now, we haven’t figured how to talk about it.”

Funding for the team’s research was supported by PNNL’s Biorisk Beyond the List National Security Directorate Objective.

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

The Promise of Emergent Nanobiotechnologies for In Vivo Applications and Implications for Safety and Security by Anne M. Arnold, Ashley M. Bradley, Karen L. Taylor, Zachary C. Kennedy, and Kristin M. Omberg. Health Security.Oct 2022.408-423.Published in Volume: 20 Issue 5: October 17, 2022 DOI: https://doi.org/10.1089/hs.2022.0014 Published Online:17 Oct 2022

This paper is open access.

You can find out more about IGEM (The International Genetically Engineered Machine competition) here.

Comments (brief)

It seems a little odd that the news release (“Prosthetics moved by thoughts …”) and the paper both reference neurotechnology without ever mentioning it by name. Here’s the reference from the paper, Note: Links have been removed,

Nanoparticles May Be Developed to Facilitate Cognitive Enhancements

The development and implementation of NPs that enhance cognitive function has yet to be realized. However, recent advances on the micro- and macro-level with neural–machine interfacing provide the building blocks necessary to develop this technology on the nanoscale. A noninvasive brain–computer interface to control a robotic arm was developed by teams at 2 universities.157 A US-based company, Neuralink, [emphasis mine] is at the forefront of implementing implantable, intracortical microelectrodes that provide an interface between the human brain and technology.158,159 Utilization of intracortical microelectrodes may ultimately provide thought-initiated access and control of computers and mobile devices, and possibly expand cognitive function by accessing underutilized areas of the brain.158

Neuralink (founded by Elon Musk) is controversial for its animal testing practices. You can find out more in Björn Ólafsson’s May 30, 2023 article for Sentient Media.

The focus on nanoparticles as the key factor in the various technologies and applications mentioned seems narrow but necessary given the breadth of topics covered in the paper as the authors themselves note in the paper’s abstract,

… In this article, while not comprehensive, we attempt to illustrate the breadth and promise of bionanotechnology developments, and how they may present future safety and security challenges. Specifically, we address current advancements to streamline the development of engineered NPs for in vivo applications and provide discussion on nano–bio interactions, NP in vivo delivery, nanoenhancement of human performance, nanomedicine, and the impacts of NPs on human health and the environment.

They have a good overview of the history and discussions about nanotechnology risks and regulation. It’s international in scope with a heavy emphasis on US efforts, as one would expect.

For anyone who’s interested in the neurotechnology end of things, I’ve got a July 17, 2023 commentary “Unveiling the Neurotechnology Landscape: Scientific Advancements, Innovations and Major Trends—a UNESCO report.” The report was launched July 13, 2023 during UNESCO’s Global dialogue on the ethics of neurotechnology (see my July 7, 2023 posting about the then upcoming dialogue for links to more UNESCO information). Both the July 17 and July 7, 2023 postings included additional information about Neuralink.

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.

Global dialogue on the ethics of neurotechnology on July 13, 2023 led by UNESCO

While there’s a great deal of attention and hyperbole attached to artificial intelligence (AI) these days, it seems that neurotechnology may be quietly gaining much needed attention. (For those who are interested, at the end of this posting, there’ll be a bit more information to round out what you’re seeing in the UNESCO material.)

Now, here’s news of an upcoming UNESCO (United Nations Educational, Scientific, and Cultural Organization) meeting on neurotechnology, from a June 6, 2023 UNESCO press release (also received via email), Note: Links have been removed,

The Member States of the Executive Board of UNESCO
have approved the proposal of the Director General to hold a global
dialogue to develop an ethical framework for the growing and largely
unregulated Neurotechnology sector, which may threaten human rights and
fundamental freedoms. A first international conference will be held at
UNESCO Headquarters on 13 July 2023.

“Neurotechnology could help solve many health issues, but it could
also access and manipulate people’s brains, and produce information
about our identities, and our emotions. It could threaten our rights to
human dignity, freedom of thought and privacy. There is an urgent need
to establish a common ethical framework at the international level, as
UNESCO has done for artificial intelligence,” said UNESCO
Director-General Audrey Azoulay.

UNESCO’s international conference, taking place on 13 July [2023], will start
exploring the immense potential of neurotechnology to solve neurological
problems and mental disorders, while identifying the actions needed to
address the threats it poses to human rights and fundamental freedoms.
The dialogue will involve senior officials, policymakers, civil society
organizations, academics and representatives of the private sector from
all regions of the world.

Lay the foundations for a global ethical framework

The dialogue will also be informed by a report by UNESCO’s
International Bioethics Committee (IBC) on the “Ethical Issues of
Neurotechnology”, and a UNESCO study proposing first time evidence on
the neurotechnology landscape, innovations, key actors worldwide and
major trends.

The ultimate goal of the dialogue is to advance a better understanding
of the ethical issues related to the governance of neurotechnology,
informing the development of the ethical framework to be approved by 193
member states of UNESCO – similar to the way in which UNESCO
established the global ethical frameworks on the human genome (1997),
human genetic data (2003) and artificial intelligence (2021).

UNESCO’s global standard on the Ethics of Artificial Intelligence has
been particularly effective and timely, given the latest developments
related to Generative AI, the pervasiveness of AI technologies and the
risks they pose to people, democracies, and jobs. The convergence of
neural data and artificial intelligence poses particular challenges, as
already recognized in UNESCO’s AI standard.

Neurotech could reduce the burden of disease…

Neurotechnology covers any kind of device or procedure which is designed
to “access, monitor, investigate, assess, manipulate, and/or emulate
the structure and function of neural systems”. [1] Neurotechnological
devices range from “wearables”, to non-invasive brain computer
interfaces such as robotic limbs, to brain implants currently being
developed [2] with the goal of treating disabilities such as paralysis.

One in eight people worldwide live with a mental or neurological
disorder, triggering care-related costs that account for up to a third
of total health expenses in developed countries. These burdens are
growing in low- and middle-income countries too. Globally these expenses
are expected to grow – the number of people aged over 60 is projected
to double by 2050 to 2.1 billion (WHO 2022). Neurotechnology has the
vast potential to reduce the number of deaths and disabilities caused by
neurological disorders, such as Epilepsy, Alzheimer’s, Parkinson’s
and Stroke.

… but also threaten Human Rights

Without ethical guardrails, these technologies can pose serious risks, as
brain information can be accessed and manipulated, threatening
fundamental rights and fundamental freedoms, which are central to the
notion of human identity, freedom of thought, privacy, and memory. In
its report published in 2021 [3], UNESCO’s IBC documents these risks
and proposes concrete actions to address them.

Neural data – which capture the individual’s reactions and basic
emotions – is in high demand in consumer markets. Unlike the data
gathered on us by social media platforms, most neural data is generated
unconsciously, therefore we cannot give our consent for its use. If
sensitive data is extracted, and then falls into the wrong hands, the
individual may suffer harmful consequences.

Brain-Computer-Interfaces (BCIs) implanted at a time during which a
child or teenager is still undergoing neurodevelopment may disrupt the
‘normal’ maturation of the brain. It may be able to transform young
minds, shaping their future identity with long-lasting, perhaps
permanent, effects.

Memory modification techniques (MMT) may enable scientists to alter the
content of a memory, reconstructing past events. For now, MMT relies on
the use of drugs, but in the future it may be possible to insert chips
into the brain. While this could be beneficial in the case of
traumatised people, such practices can also distort an individual’s
sense of personal identity.

Risk of exacerbating global inequalities and generating new ones

Currently 50% of Neurotech Companies are in the US, and 35% in Europe
and the UK. Because neurotechnology could usher in a new generation of
‘super-humans’, this would further widen the education, skills, wealth
and opportunities’ gap within and between countries, giving those with
the most advanced technology an unfair advantage.

UNESCO’s Ethics of neurotechnology webpage can be found here. As for the July 13, 2023 dialogue/conference, here are some of the details from UNESCO’s International Conference on the Ethics of Neurotechnology webpage,

UNESCO will organize an International Conference on the Ethics of Neurotechnology on the theme “Building a framework to protect and promote human rights and fundamental freedoms” at UNESCO Headquarters in Paris, on 13 July 2023, from 9:00 [CET; Central European Time] in Room I.

The Conference will explore the immense potential of neurotechnology and address the ethical challenges it poses to human rights and fundamental freedoms. It will bring together policymakers and experts, representatives of civil society and UN organizations, academia, media, and private sector companies, to prepare a solid foundation for an ethical framework on the governance of neurotechnology.

UNESCO International Conference on Ethics of Neurotechnology: Building a framework to protect and promote human rights and fundamental freedoms
13 July 2023 – 9:30 am – 13 July 2023 – 6:30 pm [CET; Central European Time]
Location UNESCO Headquarters, Paris, France
Rooms : Room
I Type : Cat II – Intergovernmental meeting, other than international conference of States
Arrangement type : Hybrid
Language(s) : French Spanish English Arabic
Contact : Rajarajeswari Pajany

Registration

Click here to register

A high-level session with ministers and policy makers focusing on policy actions and international cooperation will be featured in the Conference. Renowned experts will also be invited to discuss technological advancements in Neurotechnology and ethical challenges and human rights Implications. Two fireside chats will be organized to enrich the discussions focusing on the private sector, public awareness raising and public engagement. The Conference will also feature a new study of UNESCO’s Social and Human Sciences Sector shedding light on innovations in neurotechnology, key actors worldwide and key areas of development.

As one of the most promising technologies of our time, neurotechnology is providing new treatments and improving preventative and therapeutic options for millions of individuals suffering from neurological and mental illness. Neurotechnology is also transforming other aspects of our lives, from student learning and cognition to virtual and augmented reality systems and entertainment. While we celebrate these unprecedented opportunities, we must be vigilant against new challenges arising from the rapid and unregulated development and deployment of this innovative technology, including among others the risks to mental integrity, human dignity, personal identity, autonomy, fairness and equity, and mental privacy. 

UNESCO has been at the forefront of promoting an ethical approach to neurotechnology. UNESCO’s International Bioethics Committee (IBC) has examined the benefits and drawbacks from an ethical perspective in a report published in December 2021. The Organization has also led UN-wide efforts on this topic, collaborating with other agencies and academic institutions to organize expert roundtables, raise public awareness and produce publications. With a global mandate on bioethics and ethics of science and technology, UNESCO has been asked by the IBC, its expert advisory body, to consider developing a global standard on this topic.

A July 13, 2023 agenda and a little Canadian content

I have a link to the ‘provisional programme‘ for “Towards an Ethical Framework in the Protection and Promotion of Human Rights and Fundamental Freedoms,” the July 13, 2023 UNESCO International Conference on Ethics of Neurotechnology. Keeping in mind that this could (and likely will) change,

13 July 2023, Room I,
UNESCO HQ Paris, France,

9:00 –9:15 Welcoming Remarks (TBC)
•António Guterres, Secretary-General of the United Nations•
•Audrey Azoulay, Director-General of UNESCO

9:15 –10:00 Keynote Addresses (TBC)
•Gabriel Boric, President of Chile
•Narendra Modi, Prime Minister of India
•PedroSánchez Pérez-Castejón, Prime Minister of Spain
•Volker Turk, UN High Commissioner for Human Rights
•Amandeep Singh Gill, UN Secretary-General’sEnvoyon Technology

10:15 –11:00 Scene-Setting Address

1:00 –13:00 High-Level Session: Regulations and policy actions

14:30 –15:30 Expert Session: Technological advancement and opportunities

15:45 –16:30 Fireside Chat: Launch of the UNESCO publication “Unveiling the neurotechnology landscape: scientific advancements, innovationsand major trends”

16:30 –17:30 Expert Session: Ethical challenges and human rights implications

17:30 –18:15 Fireside Chat: “Why neurotechnology matters for all

18:15 –18:30 Closing Remarks

While I haven’t included the speakers’ names (for the most part), I do want to note some Canadian participation in the person of Dr. Judy Iles from the University of British Columbia. She’s a Professor of Neurology, Distinguished University Scholar in Neuroethics, andDirector, Neuroethics Canada, and President of the International Brain Initiative (IBI)

Iles is in the “Expert Session: Ethical challenges and human rights implications.”

If you have time do look at the provisional programme just to get a sense of the range of speakers and their involvement in an astonishing array of organizations. E.g., there’s the IBI (in Judy Iles’s bio), which at this point is largely (and surprisingly) supported by (from About Us) “Fonds de recherche du Québec, and the Institute of Neuroscience, Mental Health and Addiction of the Canadian Institutes of Health Research. Operational support for the IBI is also provided by the Japan Brain/MINDS Beyond and WorldView Studios“.

More food for thought

Neither the UNESCO July 2023 meeting, which tilts, understandably, to social justice issues vis-à-vis neurotechnology nor the Canadian Science Policy Centre (CSPC) May 2023 meeting (see my May 12, 2023 posting: Virtual panel discussion: Canadian Strategies for Responsible Neurotechnology Innovation on May 16, 2023), based on the publicly available agendas, seem to mention practical matters such as an implant company going out of business. Still, it’s possible it will be mentioned at the UNESCO conference. Unfortunately, the May 2023 CSPC panel has not been posted online.

(See my April 5, 2022 posting “Going blind when your neural implant company flirts with bankruptcy [long read].” Even skimming it will give you some pause.) The 2019 OECD Recommendation on Responsible Innovation in Neurotechnology doesn’t cover/mention the issue ob business bankruptcy either.

Taking a look at business practices seems particularly urgent given this news from a May 25, 2023 article by Rachael Levy, Marisa Taylor, and Akriti Sharma for Reuters, Note: A link has been removed,

Elon Musk’s Neuralink received U.S. Food and Drug Administration (FDA) clearance for its first-in-human clinical trial, a critical milestone for the brain-implant startup as it faces U.S. probes over its handling of animal experiments.

The FDA approval “represents an important first step that will one day allow our technology to help many people,” Neuralink said in a tweet on Thursday, without disclosing details of the planned study. It added it is not recruiting for the trial yet and said more details would be available soon.

The FDA acknowledged in a statement that the agency cleared Neuralink to use its brain implant and surgical robot for trials on patients but declined to provide more details.

Neuralink and Musk did not respond to Reuters requests for comment.

The critical milestone comes as Neuralink faces federal scrutiny [emphasis mine] following Reuters reports about the company’s animal experiments.

Neuralink employees told Reuters last year that the company was rushing and botching surgeries on monkeys, pigs and sheep, resulting in more animal deaths [emphasis mine] than necessary, as Musk pressured staff to receive FDA approval. The animal experiments produced data intended to support the company’s application for human trials, the sources said.

If you have time, it’s well worth reading the article in its entirety. Neuralink is being investigated for a number of alleged violations.

Slightly more detail has been added by a May 26, 2023 Associated Press (AP article on the Canadian Broadcasting Corporation’s news online website,

Elon Musk’s brain implant company, Neuralink, says it’s gotten permission from U.S. regulators to begin testing its device in people.

The company made the announcement on Twitter Thursday evening but has provided no details about a potential study, which was not listed on the U.S. government database of clinical trials.

Officials with the Food and Drug Administration (FDA) wouldn’t confirm or deny whether it had granted the approval, but press officer Carly Kempler said in an email that the agency “acknowledges and understands” that Musk’s company made the announcement. [emphases mine]

The AP article offers additional context on the international race to develop brain-computer interfaces.

Update: It seems the FDA gave its approval later on May 26, 2023. (See the May 26, 2023 updated Reuters article by Rachael Levy, Marisa Taylor and Akriti Sharma and/or Paul Tuffley’s (lecturer at Griffith University) May 29, 2023 essay on The Conversation.)

For anyone who’s curious about previous efforts to examine ethics and social implications with regard to implants, prosthetics (Note: Increasingly, prosthetics include a neural component), and the brain, I have a couple of older posts: “Prosthetics and the human brain,” a March 8, 2013 and “The ultimate DIY: ‘How to build a robotic man’ on BBC 4,” a January 30, 2013 posting.)

Virtual panel discussion: Canadian Strategies for Responsible Neurotechnology Innovation on May 16, 2023

The Canadian Science Policy Centre (CSPC) sent a May 11, 2023 notice (via email) about an upcoming event but first, congratulations (Bravo!) are in order,

The Science Meets Parliament [SMP] Program 2023 is now complete and was a huge success. 43 Delegates from across Canada met with 62 Parliamentarians from across the political spectrum on the Hill on May 1-2, 2023.

The SMP Program is championed by CSPC and Canada’s Chief Science Advisor, Dr. Mona Nemer [through the Office of the Chief Science Advisor {OCSA}].

This Program would not have been possible without the generous support of our sponsors: The Royal Military College of Canada, The Stem Cell Network, and the University of British Columbia.

There are 443 seats in Canada’s Parliament with 338 in the House of Commons and 105 in the Senate and 2023 is the third time the SMP programme has been offered. (It was previously held in 2018 and 2022 according to the SMP program page.)

The Canadian programme is relatively new compared to Australia where they’ve had a Science Meets Parliament programme since 1999 (according to a March 20, 2017 essay by Ken Baldwin, Director of Energy Change Institute at Australian National University for The Conversation). The Scottish have had a Science and the Parliament programme since 2000 (according to this 2022 event notice on the Royal Society of Chemistry’s website).

By comparison to the other two, the Canadian programme is a toddler. (We tend not to recognize walking for the major achievement it is.) So, bravo to the CSPC and OCSA on getting 62 Parliamentarians to make time in their schedules to meet a scientist.

Responsible neurotechnology innovation?

From the Canadian Strategies for Responsible Neurotechnology Innovation event page on the CSPC website,

Advances in neurotechnology are redefining the possibilities of improving neurologic health and mental wellbeing, but related ethical, legal, and societal concerns such as privacy of brain data, manipulation of personal autonomy and agency, and non-medical and dual uses are increasingly pressing concerns [emphasis mine]. In this regard, neurotechnology presents challenges not only to Canada’s federal and provincial health care systems, but to existing laws and regulations that govern responsible innovation. In December 2019, just before the pandemic, the OECD [Organisation for Economic Cooperation and Development] Council adopted a Recommendation on Responsible Innovation in Neurotechnology. It is now urging that member states develop right-fit implementation strategies.

What should these strategies look like for Canada? We will propose and discuss opportunities that balance and leverage different professional and governance approaches towards the goal of achieving responsible innovation for the current state of the art, science, engineering, and policy, and in anticipation of the rapid and vast capabilities expected for neurotechnology in the future by and for this country.

Link to the full OECD Recommendation on Responsible Innovation in Neurotechnology

Date: May 16 [2023]

Time: 12:00 pm – 1:30 pm EDT

Event Category: Virtual Session [on Zoom]

Registration Page: https://us02web.zoom.us/webinar/register/WN_-g8d1qubRhumPSCQi6WUtA

The panelists are:

Dr. Graeme Moffat
Neurotechnology entrepreneur & Senior Fellow, Munk School of Global Affairs & Public Policy [University of Toronto]

Dr. Graeme Moffat is a co-founder and scientist with System2 Neurotechnology. He previously was Chief Scientist and VP of Regulatory Affairs at Interaxon, Chief Scientist with ScienceScape (later Chan-Zuckerberg Meta), and a research engineer at Neurelec (a division of Oticon Medical). He served as Managing Editor of Frontiers in Neuroscience, the largest open access scholarly journal series in the field of neuroscience. Dr. Moffat is a Senior Fellow at the Munk School of Global Affairs and Public Policy and an advisor to the OECD’s neurotechnology policy initiative.

Professor Jennifer Chandler
Professor of Law at the Centre for Health Law, Policy and Ethics, University of Ottawa

Jennifer Chandler is Professor of Law at the Centre for Health Law, Policy and Ethics, University of Ottawa. She leads the “Neuroethics Law and Society” Research Pillar for the Brain Mind Research Institute and sits on its Scientific Advisory Council. Her research focuses on the ethical, legal and policy issues in brain sciences and the law. She teaches mental health law and neuroethics, tort law, and medico-legal issues. She is a member of the advisory board for CIHR’s Institute for Neurosciences, Mental Health and Addiction (IMNA) and serves on international editorial boards in the field of law, ethics and neuroscience, including Neuroethics, the Springer Book Series Advances in Neuroethics, and the Palgrave-MacMillan Book Series Law, Neuroscience and Human Behavior. She has published widely in legal, bioethical and health sciences journals and is the co-editor of the book Law and Mind: Mental Health Law and Policy in Canada (2016). Dr. Chandler brings a unique perspective to this panel as her research focuses on the ethical, legal and policy issues at the intersection of the brain sciences and the law. She is active in Canadian neuroscience research funding policy, and regularly contributes to Canadian governmental policy on contentious matters of biomedicine.

Ian Burkhart
Neurotech Advocate and Founder of BCI [brain-computer interface] Pioneers Coalition

Ian is a C5 tetraplegic [also known as quadriplegic] from a diving accident in 2010. He participated in a ground-breaking clinical trial using a brain-computer interface to control muscle stimulation. He is the founder of the BCI Pioneers Coalition, which works to establish ethics, guidelines and best practices for future patients, clinicians, and commercial entities engaging with BCI research. Ian serves as Vice President of the North American Spinal Cord Injury Consortium and chairs their project review committee. He has also worked with Unite2Fight Paralysis to advocate for $9 million of SCI research in his home state of Ohio. Ian has been a Reeve peer mentor since 2015 and helps lead two local SCI networking groups. As the president of the Ian Burkhart Foundation, he raises funds for accessible equipment for the independence of others with SCI. Ian is also a full-time consultant working with multiple medical device companies.

Andrew Atkinson
Manager, Emerging Science Policy, Health Canada

Andrew Atkinson is the Manager of the Emerging Sciences Policy Unit under the Strategic Policy Branch of Health Canada. He oversees coordination of science policy issues across the various regulatory and research programs under the mandate of Health Canada. Prior to Health Canada, he was a manager under Environment Canada’s CEPA new chemicals program, where he oversaw chemical and nanomaterial risk assessments, and the development of risk assessment methodologies. In parallel to domestic work, he has been actively engaged in ISO [International Organization for Standardization and OECD nanotechnology efforts.

Andrew is currently a member of the Canadian delegation to the OECD Working Party on Biotechnology, Nanotechnology and Converging Technologies (BNCT). BNCT aims to contribute original policy analysis on emerging science and technologies, such as gene editing and neurotechnology, including messaging to the global community, convening key stakeholders in the field, and making ground-breaking proposals to policy makers.

Professor Judy Illes
Professor, Division of Neurology, Department of Medicine, Faculty of Medicine, UBC [University of British Columbia]

Dr. Illes is Professor of Neurology and Distinguished Scholar in Neuroethics at the University of British Columbia. She is the Director of Neuroethics Canada, and among her many leadership positions in Canada, she is Vice Chair of the Canadian Institutes of Health Research (CIHR) Advisory Board of the Institute on Neuroscience, Mental Health and Addiction (INMHA), and chair of the International Brain Initiative (www.internationalbraininitiative.org; www.canadianbrain.ca), Director at Large of the Canadian Academy of Health Sciences, and a member of the Board of Directors of the Council of Canadian Academies.

Dr. Illes is a world-renown expert whose research, teaching and outreach are devoted to ethical, legal, social and policy challenges at the intersection of the brain sciences and biomedical ethics. She has made ground breaking contributions to neuroethical thinking for neuroscience discovery and clinical translation across the life span, including in entrepreneurship and in the commercialization of health care. Dr. Illes has a unique and comprehensive overview of the field of neurotechnology and the relevant sectors in Canada.

One concern I don’t see mentioned is bankruptcy (in other words, what happens if the company that made your neural implant goes bankrupt?) either in the panel description or in the OECD recommendation. My April 5, 2022 posting “Going blind when your neural implant company flirts with bankruptcy (long read)” explored that topic and while many of the excerpted materials present a US perspective, it’s easy to see how it could also apply in Canada and elsewhere.

For those of us on the West Coast, this session starts at 9 am. Enjoy!

*June 20, 2023: This sentence changed (We tend not to recognize that walking for the major achievement it is.) to We tend not to recognize walking for the major achievement it is.

Your cyborg future (brain-computer interface) is closer than you think

Researchers at the Imperial College London (ICL) are warning that brain-computer interfaces (BCIs) may pose a number of quandaries. (At the end of this post, I have a little look into some of the BCI ethical issues previously explored on this blog.)

Here’s more from a July 20, 2021American Institute of Physics (AIP) news release (also on EurekAlert),

Surpassing the biological limitations of the brain and using one’s mind to interact with and control external electronic devices may sound like the distant cyborg future, but it could come sooner than we think.

Researchers from Imperial College London conducted a review of modern commercial brain-computer interface (BCI) devices, and they discuss the primary technological limitations and humanitarian concerns of these devices in APL Bioengineering, from AIP Publishing.

The most promising method to achieve real-world BCI applications is through electroencephalography (EEG), a method of monitoring the brain noninvasively through its electrical activity. EEG-based BCIs, or eBCIs, will require a number of technological advances prior to widespread use, but more importantly, they will raise a variety of social, ethical, and legal concerns.

Though it is difficult to understand exactly what a user experiences when operating an external device with an eBCI, a few things are certain. For one, eBCIs can communicate both ways. This allows a person to control electronics, which is particularly useful for medical patients that need help controlling wheelchairs, for example, but also potentially changes the way the brain functions.

“For some of these patients, these devices become such an integrated part of themselves that they refuse to have them removed at the end of the clinical trial,” said Rylie Green, one of the authors. “It has become increasingly evident that neurotechnologies have the potential to profoundly shape our own human experience and sense of self.”

Aside from these potentially bleak mental and physiological side effects, intellectual property concerns are also an issue and may allow private companies that develop eBCI technologies to own users’ neural data.

“This is particularly worrisome, since neural data is often considered to be the most intimate and private information that could be associated with any given user,” said Roberto Portillo-Lara, another author. “This is mainly because, apart from its diagnostic value, EEG data could be used to infer emotional and cognitive states, which would provide unparalleled insight into user intentions, preferences, and emotions.”

As the availability of these platforms increases past medical treatment, disparities in access to these technologies may exacerbate existing social inequalities. For example, eBCIs can be used for cognitive enhancement and cause extreme imbalances in academic or professional successes and educational advancements.

“This bleak panorama brings forth an interesting dilemma about the role of policymakers in BCI commercialization,” Green said. “Should regulatory bodies intervene to prevent misuse and unequal access to neurotech? Should society follow instead the path taken by previous innovations, such as the internet or the smartphone, which originally targeted niche markets but are now commercialized on a global scale?”

She calls on global policymakers, neuroscientists, manufacturers, and potential users of these technologies to begin having these conversations early and collaborate to produce answers to these difficult moral questions.

“Despite the potential risks, the ability to integrate the sophistication of the human mind with the capabilities of modern technology constitutes an unprecedented scientific achievement, which is beginning to challenge our own preconceptions of what it is to be human,” [emphasis mine] Green said.

Caption: A schematic demonstrates the steps required for eBCI operation. EEG sensors acquire electrical signals from the brain, which are processed and outputted to control external devices. Credit: Portillo-Lara et al.

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

Mind the gap: State-of-the-art technologies and applications for EEG-based brain-computer interfaces by Roberto Portillo-Lara, Bogachan Tahirbegi, Christopher A.R. Chapman, Josef A. Goding, and Rylie A. Green. APL Bioengineering, Volume 5, Issue 3, , 031507 (2021) DOI: https://doi.org/10.1063/5.0047237 Published Online: 20 July 2021

This paper appears to be open access.

Back on September 17, 2020 I published a post about a brain implant and included some material I’d dug up on ethics and brain-computer interfaces and was most struck by one of the stories. Here’s the excerpt (which can be found under the “Brain-computer interfaces, symbiosis, and ethical issues” subhead): … From a July 24, 2019 article by Liam Drew for Nature Outlook: The brain,

“It becomes part of you,” Patient 6 said, describing the technology that enabled her, after 45 years of severe epilepsy, to halt her disabling seizures. Electrodes had been implanted on the surface of her brain that would send a signal to a hand-held device when they detected signs of impending epileptic activity. On hearing a warning from the device, Patient 6 knew to take a dose of medication to halt the coming seizure.

“You grow gradually into it and get used to it, so it then becomes a part of every day,” she told Frederic Gilbert, an ethicist who studies brain–computer interfaces (BCIs) at the University of Tasmania in Hobart, Australia. “It became me,” she said. [emphasis mine]

Gilbert was interviewing six people who had participated in the first clinical trial of a predictive BCI to help understand how living with a computer that monitors brain activity directly affects individuals psychologically1. Patient 6’s experience was extreme: Gilbert describes her relationship with her BCI as a “radical symbiosis”.

This is from another part of the September 17, 2020 posting,

… He [Gilbert] is now preparing a follow-up report on Patient 6. The company that implanted the device in her brain to help free her from seizures went bankrupt. The device had to be removed.

… Patient 6 cried as she told Gilbert about losing the device. … “I lost myself,” she said.

“It was more than a device,” Gilbert says. “The company owned the existence of this new person.”

It wasn’t my first thought when the topic of ethics and BCIs came up but as Gilbert’s research highlights: what happens if the company that made your implant and monitors it goes bankrupt?

If you have the time, do take a look at the entire entry under the “Brain-computer interfaces, symbiosis, and ethical issues” subhead of the September 17, 2020 posting or read the July 24, 2019 article by Liam Drew.

Should you have a problem finding the July 20, 2021 American Institute of Physics news release at either of the two links I have previously supplied, there’s a July 20, 2021 copy at SciTechDaily.com

BrainGate demonstrates a high-bandwidth wireless brain-computer interface (BCI)

I wrote about some brain computer interface (BCI) work out of Stanford University (California, US), in a Sept. 17, 2020 posting (Turning brain-controlled wireless electronic prostheses into reality plus some ethical points), which may have contributed to what is now the first demonstration of a wireless brain-computer interface for people with tetraplegia (also known as quadriplegia).

From an April 1, 2021 news item on ScienceDaily,

In an important step toward a fully implantable intracortical brain-computer interface system, BrainGate researchers demonstrated human use of a wireless transmitter capable of delivering high-bandwidth neural signals.

Brain-computer interfaces (BCIs) are an emerging assistive technology, enabling people with paralysis to type on computer screens or manipulate robotic prostheses just by thinking about moving their own bodies. For years, investigational BCIs used in clinical trials have required cables to connect the sensing array in the brain to computers that decode the signals and use them to drive external devices.

Now, for the first time, BrainGate clinical trial participants with tetraplegia have demonstrated use of an intracortical wireless BCI with an external wireless transmitter. The system is capable of transmitting brain signals at single-neuron resolution and in full broadband fidelity without physically tethering the user to a decoding system. The traditional cables are replaced by a small transmitter about 2 inches in its largest dimension and weighing a little over 1.5 ounces. The unit sits on top of a user’s head and connects to an electrode array within the brain’s motor cortex using the same port used by wired systems.

For a study published in IEEE Transactions on Biomedical Engineering, two clinical trial participants with paralysis used the BrainGate system with a wireless transmitter to point, click and type on a standard tablet computer. The study showed that the wireless system transmitted signals with virtually the same fidelity as wired systems, and participants achieved similar point-and-click accuracy and typing speeds.

A March 31, 2021 Brown University news release (also on EurekAlert but published April 1, 2021), which originated the news item, provides more detail,

“We’ve demonstrated that this wireless system is functionally equivalent to the wired systems that have been the gold standard in BCI performance for years,” said John Simeral, an assistant professor of engineering (research) at Brown University, a member of the BrainGate research consortium and the study’s lead author. “The signals are recorded and transmitted with appropriately similar fidelity, which means we can use the same decoding algorithms we used with wired equipment. The only difference is that people no longer need to be physically tethered to our equipment, which opens up new possibilities in terms of how the system can be used.”

The researchers say the study represents an early but important step toward a major objective in BCI research: a fully implantable intracortical system that aids in restoring independence for people who have lost the ability to move. While wireless devices with lower bandwidth have been reported previously, this is the first device to transmit the full spectrum of signals recorded by an intracortical sensor. That high-broadband wireless signal enables clinical research and basic human neuroscience that is much more difficult to perform with wired BCIs.

The new study demonstrated some of those new possibilities. The trial participants — a 35-year-old man and a 63-year-old man, both paralyzed by spinal cord injuries — were able to use the system in their homes, as opposed to the lab setting where most BCI research takes place. Unencumbered by cables, the participants were able to use the BCI continuously for up to 24 hours, giving the researchers long-duration data including while participants slept.

“We want to understand how neural signals evolve over time,” said Leigh Hochberg, an engineering professor at Brown, a researcher at Brown’s Carney Institute for Brain Science and leader of the BrainGate clinical trial. “With this system, we’re able to look at brain activity, at home, over long periods in a way that was nearly impossible before. This will help us to design decoding algorithms that provide for the seamless, intuitive, reliable restoration of communication and mobility for people with paralysis.”

The device used in the study was first developed at Brown in the lab of Arto Nurmikko, a professor in Brown’s School of Engineering. Dubbed the Brown Wireless Device (BWD), it was designed to transmit high-fidelity signals while drawing minimal power. In the current study, two devices used together recorded neural signals at 48 megabits per second from 200 electrodes with a battery life of over 36 hours.

While the BWD has been used successfully for several years in basic neuroscience research, additional testing and regulatory permission were required prior to using the system in the BrainGate trial. Nurmikko says the step to human use marks a key moment in the development of BCI technology.

“I am privileged to be part of a team pushing the frontiers of brain-machine interfaces for human use,” Nurmikko said. “Importantly, the wireless technology described in our paper has helped us to gain crucial insight for the road ahead in pursuit of next generation of neurotechnologies, such as fully implanted high-density wireless electronic interfaces for the brain.”

The new study marks another significant advance by researchers with the BrainGate consortium, an interdisciplinary group of researchers from Brown, Stanford and Case Western Reserve universities, as well as the Providence Veterans Affairs Medical Center and Massachusetts General Hospital. In 2012, the team published landmark research in which clinical trial participants were able, for the first time, to operate multidimensional robotic prosthetics using a BCI. That work has been followed by a steady stream of refinements to the system, as well as new clinical breakthroughs that have enabled people to type on computers, use tablet apps and even move their own paralyzed limbs.

“The evolution of intracortical BCIs from requiring a wire cable to instead using a miniature wireless transmitter is a major step toward functional use of fully implanted, high-performance neural interfaces,” said study co-author Sharlene Flesher, who was a postdoctoral fellow at Stanford and is now a hardware engineer at Apple. “As the field heads toward reducing transmitted bandwidth while preserving the accuracy of assistive device control, this study may be one of few that captures the full breadth of cortical signals for extended periods of time, including during practical BCI use.”

The new wireless technology is already paying dividends in unexpected ways, the researchers say. Because participants are able to use the wireless device in their homes without a technician on hand to maintain the wired connection, the BrainGate team has been able to continue their work during the COVID-19 pandemic.

“In March 2020, it became clear that we would not be able to visit our research participants’ homes,” said Hochberg, who is also a critical care neurologist at Massachusetts General Hospital and director of the V.A. Rehabilitation Research and Development Center for Neurorestoration and Neurotechnology. “But by training caregivers how to establish the wireless connection, a trial participant was able to use the BCI without members of our team physically being there. So not only were we able to continue our research, this technology allowed us to continue with the full bandwidth and fidelity that we had before.”

Simeral noted that, “Multiple companies have wonderfully entered the BCI field, and some have already demonstrated human use of low-bandwidth wireless systems, including some that are fully implanted. In this report, we’re excited to have used a high-bandwidth wireless system that advances the scientific and clinical capabilities for future systems.”

Brown has a licensing agreement with Blackrock Microsystems to make the device available to neuroscience researchers around the world. The BrainGate team plans to continue to use the device in ongoing clinical trials.

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

Home Use of a Percutaneous Wireless Intracortical Brain-Computer Interface by Individuals With Tetraplegia by John D Simeral, Thomas Hosman, Jad Saab, Sharlene N Flesher, Marco Vilela, Brian Franco, Jessica Kelemen, David M Brandman, John G Ciancibello, Paymon G Rezaii, Emad N. Eskandar, David M Rosler, Krishna V Shenoy, Jaimie M. Henderson, Arto V Nurmikko, Leigh R. Hochberg. IEEE Transactions on Biomedical Engineering, 2021; 1 DOI: 10.1109/TBME.2021.3069119 Date of Publication: 30 March 2021

This paper is open access.

If you don’t happen to be familiar with the IEEE, it’s the Institute of Electrical and Electronics Engineers. BrainGate can be found here, and Blackrock Microsystems can be found here.

The first story here to feature BrainGate was in a May 17, 2012 posting. (Unfortunately, the video featuring a participant picking up a cup of coffee is no longer embedded in the post.) There’s also an October 31, 2016 posting and an April 24, 2017 posting, both of which mention BrainGate. As for my Sept. 17, 2020 posting (Turning brain-controlled wireless electronic prostheses into reality plus some ethical points), you may want to look at those ethical points.

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.