Is There a Right to Cognitive Liberty?

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I think it's difficult, if not impossible, to foresee every possible application and misapplication of a technology. And oftentimes technology advances much more quickly than laws and regulations can. So the approach that I've advocated for is what I call a right to cognitive liberty. To do that at the international human rights level, to both create laws but also norms about the right to self-determination over our brains and mental experiences.

Every time our brain does some thinking, there are associated physical processes. In particular, electric currents and charged particles jump between neurons, creating associated electromagnetic fields. These fields can in principle be detected with proper technology, opening the possibility for reading your mind. That technology is currently primitive, but rapidly advancing, and it's not too early to start thinking about legal and ethical consequences when governments and corporations have access to your thoughts. Nita Farahany is a law professor and bioethicist who discusses these issues in her new book, The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology.

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Nita Farahany received a J.D. and a Ph.D. in philosophy from Duke University. She is currently the Robinson O. Everett Distinguished Professor of Law & Philosophy at Duke, as well as Founding Director of the Duke Initiative for Science & Society. She has served on a number of government commissions, including the Presidential Commission for the Study of Bioethical Issues. She is a Fellow of the American Law Institute and of the American Association for the Advancement of Science, and was awarded the Duke Law School Distinguished Teaching Award.

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