#174 – Nita Farahany on the neurotechnology already being used to convict criminals and manipulate workers
Dec 7, 2023
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Nita Farahany, a Duke Law professor and bioethics expert, dives into the fast-evolving world of neurotechnology. She discusses how close we are to mind reading and the ethical implications this brings. The conversation touches on using neurodata in criminal justice and workplace surveillance, highlighting risks of emotional manipulation. Farahany also explores how brain implants could treat depression and the dangers of hacking neural interfaces, emphasizing the urgent need for regulatory frameworks to protect mental privacy and liberties.
Neurotechnology has the potential to revolutionize various aspects of society, including workplaces, interactions with the government, and interpersonal relationships.
Neurotechnology raises concerns about privacy, cybersecurity, potential misuse, and the need for international regulations to protect human rights.
Brain data collected through devices like fitbits and EEG headsets has already been used in criminal cases, raising ethical questions about accessing an individual's mental activity without explicit consent.
Neurotechnology is being used in the workplace to monitor employees' brainwave activity and make decisions regarding performance, raising concerns about privacy and power dynamics.
Implanted neurotechnology has therapeutic applications, offering potential for individuals with disabilities or injuries to regain mobility and communication abilities.
Deep dives
Neurotechnology and its Transformative Potential
Neurotechnology has the potential to be transformational, either empowering or oppressive, depending on how it is directed and handled.
Applications of Neurotechnology in Security and Surveillance
Neurotechnology is being explored for various applications in national security, such as enhancing soldiers' abilities, monitoring soldiers' brains, brain-to-brain communication, and brain biometrics for authentication.
Military Potential of Neurotechnology
Neurotechnology could revolutionize warfare by enabling soldiers to control swarms of drones with their minds, communicate brain-to-brain, and identify targets subconsciously.
Risks and Concerns with Neurotechnology
The use of neurotechnology raises concerns about privacy, cybersecurity, potential misuse, and the need for international regulations to protect human rights.
The Potential of Neurotechnology to Collect Brainwave Data Passively
Neurotechnology devices such as earbuds, headphones, and watches have the ability to collect brainwave activity passively while performing their primary functions. This collection of brainwave data can unlock apps on phones, track reactions to advertisements and content, and even capture unconscious or subliminal responses. While some individuals may not be concerned about their mental privacy, the technology's ability to capture nuanced thoughts and biases raises concerns about privacy in various contexts such as advertising and personal relationships.
The Use of Brain Data in Criminal Cases and Interrogations
Brain data collected through devices like fitbits and EEG headsets has already been used in criminal cases. Fitbit data has been used to provide evidence for alibis or substantiate claims during trials. In some instances, law enforcement agencies in countries like the United Arab Emirates have even used brain data as a tool for interrogation and obtaining murder convictions. The growing use of brain data raises questions about the ethics and implications of accessing an individual's mental activity and thoughts without their explicit consent.
The Impact of Neurotechnology on Workplace Surveillance and Productivity
Neurotechnology, particularly EEG headsets, has been utilized in the workplace to track fatigue, focus, and productivity. Companies are using these devices to monitor employees' brainwave activity and make decisions regarding performance, raises, and even hiring and firing. While the technology may offer benefits such as increased safety or productivity, its use in the workplace raises concerns about privacy, autonomy, and the power dynamics between employers and employees. By decoding employee brain data, companies may gain significant advantages and infringe on employees' mental privacy.
Neurotechnology and Cognitive Liberty
Neurotechnology, including brain-computer interfaces like Neuralink, raises important questions about cognitive liberty and the right to self-determination over our own thoughts and mental experiences. As these technologies advance, it becomes crucial to establish regulations and ethical guidelines that protect individual privacy and prevent intrusive surveillance. The focus should be on empowering individuals to use neurotechnology for personal growth and enhancing their well-being without compromising their cognitive freedom. By emphasizing the importance of cognitive liberty, we can shape a future where these technologies are used responsibly and ethically.
Implanted Neurotechnology for Therapy and Enhancement
Implanted neurotechnology, such as the brain-computer interfaces developed by Neuralink, shows promise for therapeutic applications, particularly for individuals with disabilities or injuries that affect their communication or motor functions. This technology allows for higher-resolution brain signal readings, bypassing the noise typically associated with surface-level brain sensors. It can facilitate communication between the brain and external devices, enabling paralyzed individuals to regain mobility or communicate via brain-to-text interfaces. While the current focus is primarily on therapy, there is potential for future cognitive augmentation applications. It is essential to consider the ethical implications and ensure that these technologies are used in ways that uphold cognitive liberty and individual autonomy.
"It will change everything: it will change our workplaces, it will change our interactions with the government, it will change our interactions with each other. It will make all of us unwitting neuromarketing subjects at all times, because at every moment in time, when you’re interacting on any platform that also has issued you a multifunctional device where they’re looking at your brainwave activity, they are marketing to you, they’re cognitively shaping you.
"So I wrote the book as both a wake-up call, but also as an agenda-setting: to say, what do we need to do, given that this is coming? And there’s a lot of hope, and we should be able to reap the benefits of the technology, but how do we do that without actually ending up in this world of like, 'Oh my god, mind reading is here. Now what?'" — Nita Farahany
In today’s episode, host Luisa Rodriguez speaks to Nita Farahany — professor of law and philosophy at Duke Law School — about applications of cutting-edge neurotechnology.
How hacking neural interfaces could cure depression.
How companies might use neural data in the workplace — like tracking how productive you are, or using your emotional states against you in negotiations.
How close we are to being able to unlock our phones by singing a song in our heads.
How neurodata has been used for interrogations, and even criminal prosecutions.
The possibility of linking brains to the point where you could experience exactly the same thing as another person.
Military applications of this tech, including the possibility of one soldier controlling swarms of drones with their mind.
And plenty more.
Producer and editor: Keiran Harris Audio Engineering Lead: Ben Cordell Technical editing: Simon Monsour and Milo McGuire Additional content editing: Katy Moore and Luisa Rodriguez Transcriptions: Katy Moore
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