Among the keynote speakers at the ClioCon conference in Austin this week is Nita Farahany, a leading scholar on the ethical, legal, and social implications of emerging technologies.
Nita Farahany is a professor of law and philosophy at Duke University, has served on the U.S. Presidential Commission for the Study of Bioethical Issues, and is the author of The Battle for Your Brain.
Farahany delivered a thought-provoking presentation on the evolution of neurotechnology (basically all technologies related to the brain), artificial intelligence (AI), and the impact they together can be expected to have on society. Addressing both the promises and dangers of emerging technologies, Faraday highlighted the need for thoughtful regulation to ensure that human values are preserved.
With neurotechnology becoming more integrated into everyday life, Farahany urged those present and the broader legal community to take an active role in shaping the ethical future of this new frontier.
The Ubiquity of AI
AI is now a platform technology, integrated into nearly every facet of daily life, from smartphones to legal practices. Farahany began her presentation by asking the audience about their use of AI tools, like ChatGPT, and their experiences with social media, drawing attention to the role these technologies play in shaping behaviours, particularly among children.
Farahany touched on the alarming rise in mental health issues, such as sleep disturbances and depression, especially among young girls. She pointed to the design of social media platforms, which often employ compulsion-engineering techniques—like streaks and intermittent rewards—to keep users hooked, sometimes to detrimental effect.
Emergence of Neurotechnology and Wearable Devices
While AI has become rather commonplace, Farahany emphasized that neurotechnology is now poised to be the next transformative development. The technology, once confined to implanted devices like those developed by Elon Musk’s Neuralink, is now available in wearable forms such as headbands and smartwatches. These devices can monitor brain activity, offering insights into a user’s emotional state for example.
“Neurotechnology is the next big wearable device that is coming for all of us. The average person thinks thousands of thoughts each day, and as a thought takes form, neurons are firing in your brain. What was once mostly a gimmick is now possible to interpret thanks to the power of AI,” said Farahany.
Through the use of AI to interpret brain signals, what was once seen as a futuristic concept is quickly becoming reality. Farahany described advances in electroencephalography (EEG) technology that now allow for the detection of large emotional states, attention, and even the reconstruction of images or words that a person has seen or thought of.
A major breakthrough in neurotechnology came with the application of generative AI, Farahany explained. Using functional magnetic resonance imaging (fMRI) and generative AI tools like GPT-1, researchers at UT Austin successfully decoded entire paragraphs of thought based solely on brain activity. Although this initially required complex equipment, recent studies have shown that similar feats can now be accomplished using simpler EEG devices.
This advancement significantly alters the landscape of thought interpretation, pushing us closer to a world where neurotechnology becomes a mainstream tool.
Wearable neurotechnology, building upon smartwatches and EEG-equipped headbands, is the next major innovation with Meta and Apple leading the charge. Meta is set to release augmented reality glasses in 2025, equipped with surface electromyography (EMG) sensors that detect brain activity from the wrist. Apple, on the other hand, is working on integrating EEG sensors into its AirPods, aiming to create seamless brain-machine interfaces.
Farahany described this as a pivotal moment in neurotechnology. These wearable devices will eventually replace traditional keyboards and mice, allowing users to control devices through their brain activity. The integration of generative AI will enable these devices to adapt to individual users, making human-machine interaction more intuitive and personalized.
Exposing the Risks of Neurotechnology
While the potential benefits of neurotechnology are immense, Farahany also stressed the profound risks it poses. The commodification of brain data is already underway, with companies like Hong Kong-based Entertech selling millions of brain activity records collected from wearable devices. Farahany warned that this data, which is pre-behavioural and deeply personal, could be exploited for commercial gain, without adequate regulatory frameworks in place.
“When it comes to brain data, the same commodification has already begun. This data is uniquely sensitive because it is pre-behavioural and not traditionally accessible by others, but it may soon become so with no rules or regulations in place,” said Farahany.
Moreover, employers in various industries, from mining to aviation, are already using devices like SmartCap to monitor workers’ fatigue levels. In some countries, this type of surveillance extends further, with employees’ emotional responses to political messaging being tracked and potentially used against them.
Need for Cognitive Liberty in the Age of Neurotechnology
As neurotechnology continues to advance, Farahany called for the establishment of a new right: the right to cognitive liberty. This right would ensure individuals’ control over their mental experiences, protect against manipulation, and safeguard mental privacy. She urged the legal community to take action, advocating for international human rights frameworks that update existing interpretations of free thought to include protections for brain data.
Farahany also discussed recent legal developments, such as Colorado and California’s new privacy laws that categorize neural data as sensitive, providing heightened protection. Internationally, UNESCO is working on standards for the ethical use of neurotechnology, and the Uniform Laws Commission in the U.S. is launching a study on mental privacy to create a national approach to these issues.
As neurotechnology moves from the realm of science fiction into everyday reality, it will be up to legal professionals and policymakers to ensure that this powerful tool is used ethically, aligning with human values and preserving the right to cognitive liberty.
“We need to expand our understanding of privacy to explicitly include mental privacy as a right. It is time to adopt a right to cognitive liberty—a right to self-determination over our brain and mental experiences,” she said.
The future, Farahany asserted, is in our hands—whether it becomes a force for good or a dystopian nightmare depends on the actions we take today.
Neurotech’s not just about decoding thoughts—it’s about who controls the data and how we wield it for collective good. Let’s flip the script, reclaim our brainwaves, and turn this tech into a force for creative empowerment and ethical innovation. <3