{"id":4961,"date":"2024-03-21T17:00:37","date_gmt":"2024-03-21T15:00:37","guid":{"rendered":"https:\/\/ch.jfdi.cc\/?p=4961"},"modified":"2024-03-21T17:00:37","modified_gmt":"2024-03-21T15:00:37","slug":"wild-west-of-neuroscience-drives-new-laws-on-brain-privacy","status":"publish","type":"post","link":"https:\/\/ch.jfdi.cc\/?p=4961","title":{"rendered":"\u2018Wild West\u2019 of neuroscience drives new laws on brain privacy"},"content":{"rendered":"

U.S. neurologist Sean Pauzauskie used to rely exclusively on expensive and cumbersome hospital kit to capture his patients\u2019 brainwaves and analyze problems in their electronic pathways.But in recent years, the Colorado doctor turned to consumer headbands, commonly sold online to monitor sleep patterns or boost brain function, to capture the brain activity of some patients suffering seizures.Cheaper and easy to use, the headbands \u2013 which can cost just a few hundred dollars \u2013 capture similar electronic data as state-of-the-art hospital machines, only with far less fuss.\u201cIn the beginning I was thrilled, I thought: \u2018patients can even do all this themselves, at home,’\u201d he told the Thomson Reuters Foundation.\u201cBut then I thought: \u2018wait a second, that means all their brain data is going to some private company.’\u201dAdvances in brain science have made it easier to capture detailed data flows for the human brain and interpret their meaning. Some recent experiments have also shown the possibility of manipulating thoughts through neurological intervention.By processing electronic brain images with artificial intelligence (AI) systems, researchers at the University of Texas were even able to accurately predict what words were running through a participant\u2019s head.These kinds of advances have led to big breakthroughs, letting some paralyzed patients communicate via brainwaves or helping rewire dormant neural pathways after spinal injuries.\u201cI am confident that in the next couple of years there will be many devices that can read your thoughts,\u201d said Pauzauskie, who is excited to gain this new insight into how minds work.But he also fears a potential for abuse.So Pauzauskie recently joined a coalition of lawmakers and scientists pushing Colorado to become the first U.S. state to enshrine privacy guarantees for brain data.Legislation passed the Colorado assembly last month, on a vote of 61-1, and now goes before the state senate.It is part of a trickle of bills under consideration countrywide, united by the common aim of ensuring that what goes on in a brain belongs to its owner \u2013 and can stay private.Lawmakers in Minnesota introduced their own bill in March.California \u2013 which often sets the pace for privacy rules \u2013 is also preparing a law that could be introduced within weeks.Experts say the push for \u2018neural rights\u2019 is a rare attempt to lock consumer protection into an emerging technology before its mass adoption.Some gadgets that capture brain data \u2013 with the potential to resell or share that information \u2013 are already on sale, and a number of start-ups plan to roll out devices soon.\u201cWe want more guidance from lawmakers,\u201d said Adam Molner, co-founder of Neurable, a company developing headphones that can monitor brainwaves.With its first product due to hit the market this year, Neurable says it does not plan to sell raw brain data, and will expressly ask users for consent before its collection.Major companies have not yet rolled out consumer devices that interact with the brain, though many firms \u2013 including SnapChat and Meta \u2013 are working on the technology.Last year, Apple filed a patent for airpods that could monitor electrical activity in the brain.\u201cWe have a real patchwork of laws when it comes to this data,\u201d said Sara Pullen Guercio, a lawyer with the privacy group at Alston & Bird who is tracking U.S. neural rights legislation.While neural data gathered in a medical setting is covered by health data protection laws, she said that same data gathered for commercial purposes was much more loosely regulated.\u201cWhat we don\u2019t want is a Wild West for neural data,\u201d she said.MISSING LINK<\/strong>The United States has no federal privacy laws, and while 15 states have passed their own versions of legislation, none directly addresses neural data, said Jared Genser, a lawyer and co-founder of the Neurorights Foundation.The Neurorights Foundation backed the Colorado law, which would insert neural data into the state\u2019s existing privacy bill under the category of \u201csensitive data\u201d.Companies would then need consent before collecting neural data, and would have to give customers options to limit what can be done with it as well as the right to delete it.\u201cNeural data is really missing from these existing laws in a large part because people were not thinking of it when they were drafting these laws,\u201d Genser said.The Foundation wants to enshrine rights for the brain around the world; last year, Chile issued the first ever ruling demanding that illegally collected brain data be deleted.MIND-READING BILLS<\/strong>Pauzauskie, the Colorado neurologist, approached his state assembly member Cathy Kipp at a recent fundraiser to raise his concerns about unregulated neural data.\u201cThe fact that a company could capture your brainwaves today, and then resell them and then those brain waves could be used for something totally different in five years \u2013 that\u2019s a problem,\u201d she told the Thomson Reuters Foundation.As the bill moves through the legislature, there\u2019s been back and forth with tech industry groups about how to define neural data and the devices that collect it, Kipp said.She wants to make sure the language remains broad enough to capture future developments in what is a quickly evolving field: neural data that is recorded by a headset today could be gathered by a wristband tomorrow, she reasoned.David Stauss, a Colorado lawyer who focuses on privacy law, said the Colorado bill is part of a national pattern: states are increasingly tweaking privacy laws to cover sensitive data.For example, Oregon and Delaware recently amended their bills to add transgender and non-binary status to their definitions of sensitive data.ENFORCEMENT<\/strong>In Minnesota, which does not have a state-level privacy law, lawmakers are taking a different tack.They are proposing a law to enshrine \u201ccognitive liberty\u201d and impose penalties for accessing brain data or using neural technology to interfere with thoughts without consent.\u201cFar too often we wait for bad things to happen, and we respond to a crisis after people have been harmed,\u201d said Walter Hudson, a member of the Minnesota state house pushing the bill.State Senator Josh Becker in California is preparing a draft of a neurorights bill in California to be unveiled this month.\u201cI am focused on making sure that people own their own neural data,\u201d said Becker, who previously spearheaded state legislation to rein in databrokers.It\u2019s still not clear exactly how this patchwork of laws will impact industry, said Rachel Marmor, a privacy law expert at the firm Holland & Knight.\u201cUntil there\u2019s a bunch of enforcement actions it\u2019s going to be hard to move the needle on how businesses approach this,\u201d she explained.But with any privacy law, there\u2019s a risk that compliance comes down to checking countless boxes on a myriad of forms and clicking through long, complex privacy policies, she warned.\u201cForcing people to read thousands of privacy disclosures a year is not going to be workable here,\u201d she said.(Reuters)brain data. consumer headbands, brain data, neural rights<\/p>\n","protected":false},"excerpt":{"rendered":"

U.S. neurologist Sean Pauzauskie has started using consumer headbands, designed to monitor sleep patterns or boost brain function, for capturing the brain activity of patients suffering from seizures. These headbands are cheaper and easier to use compared to traditional hospital equipment, and they capture similar electronic data. Advances in brain science have facilitated the capture and interpretation of detailed brain data flows, with some experiments showing the possibility of manipulating thoughts through neurological intervention. Researchers at the University of Texas have used AI to predict words running through a participant’s head based on electronic brain images. This technology has helped paralyzed patients communicate via brainwaves and assisted in rewiring dormant neural pathways after spinal injuries. Pauzauskie expressed both excitement for the insights this technology can provide and concern over the potential for abuse of brain data. Consequently, he joined a coalition advocating for privacy guarantees for brain data in Colorado, leading to legislation that passed the Colorado assembly and is now before the state senate. Similar bills are under consideration in Minnesota and California. The Colorado law would categorize neural data as “sensitive data,” requiring companies to obtain consent before collection and to allow customers to limit data use and request deletion. The United States lacks federal privacy laws specifically addressing neural data, and the Neurorights Foundation is working to enshrine rights for the brain globally.<\/p>\n","protected":false},"author":5,"featured_media":4962,"comment_status":"open","ping_status":"closed","sticky":false,"template":"Default","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[842,247,302,639,2865,1439,1240,1793,33,1776,2577,2864,1940,2369,594,2817,210,156,1991,1314,2685,252,2788,2866,2790,2847,1812,1682,544,1774,18],"class_list":["post-4961","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-other","tag-ai","tag-apple","tag-art","tag-artificial-intelligence","tag-brain-data","tag-chile","tag-clear","tag-coalition","tag-companies","tag-compliance","tag-concerns","tag-consumer-headbands","tag-consumer-protection","tag-data","tag-doctor","tag-fundraiser","tag-health","tag-hospital","tag-industry","tag-injuries","tag-legislation","tag-meta","tag-mind","tag-neural-rights","tag-paralyzed","tag-privacy","tag-rights","tag-technology","tag-united-states","tag-vote","tag-world"],"acf":{"keyphrase":"","keywords":"","sourceimg":"","country-category":""},"yoast_head":"\n\u2018Wild West\u2019 of neuroscience drives new laws on brain privacy<\/title>\n<meta name=\"description\" content=\"U.S. neurologist Sean Pauzauskie has started using consumer headbands, designed to monitor sleep patterns or boost brain function, for capturing the brain activity of patients suffering from seizures. These headbands are cheaper and easier to use compared to traditional hospital equipment, and they capture similar electronic data. Advances in brain science have facilitated the capture and interpretation of detailed brain data flows, with some experiments showing the possibility of manipulating thoughts through neurological intervention. Researchers at the University of Texas have used AI to predict words running through a participant's head based on electronic brain images. This technology has helped paralyzed patients communicate via brainwaves and assisted in rewiring dormant neural pathways after spinal injuries. Pauzauskie expressed both excitement for the insights this technology can provide and concern over the potential for abuse of brain data. Consequently, he joined a coalition advocating for privacy guarantees for brain data in Colorado, leading to legislation that passed the Colorado assembly and is now before the state senate. Similar bills are under consideration in Minnesota and California. The Colorado law would categorize neural data as "sensitive data," requiring companies to obtain consent before collection and to allow customers to limit data use and request deletion. The United States lacks federal privacy laws specifically addressing neural data, and the Neurorights Foundation is working to enshrine rights for the brain globally.\" \/>\n<meta name=\"robots\" content=\"noindex, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"\u2018Wild West\u2019 of neuroscience drives new laws on brain privacy\" \/>\n<meta property=\"og:description\" content=\"U.S. neurologist Sean Pauzauskie has started using consumer headbands, designed to monitor sleep patterns or boost brain function, for capturing the brain activity of patients suffering from seizures. These headbands are cheaper and easier to use compared to traditional hospital equipment, and they capture similar electronic data. Advances in brain science have facilitated the capture and interpretation of detailed brain data flows, with some experiments showing the possibility of manipulating thoughts through neurological intervention. Researchers at the University of Texas have used AI to predict words running through a participant's head based on electronic brain images. This technology has helped paralyzed patients communicate via brainwaves and assisted in rewiring dormant neural pathways after spinal injuries. Pauzauskie expressed both excitement for the insights this technology can provide and concern over the potential for abuse of brain data. Consequently, he joined a coalition advocating for privacy guarantees for brain data in Colorado, leading to legislation that passed the Colorado assembly and is now before the state senate. Similar bills are under consideration in Minnesota and California. The Colorado law would categorize neural data as "sensitive data," requiring companies to obtain consent before collection and to allow customers to limit data use and request deletion. The United States lacks federal privacy laws specifically addressing neural data, and the Neurorights Foundation is working to enshrine rights for the brain globally.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/ch.jfdi.cc\/?p=4961\" \/>\n<meta property=\"og:site_name\" content=\"ch.jfdi.cc\" \/>\n<meta property=\"article:published_time\" content=\"2024-03-21T15:00:37+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/ch.jfdi.cc\/wp-content\/uploads\/2024\/03\/wild-west-of-neuroscience-drives-new-laws-on-brain-privacy.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"1000\" \/>\n\t<meta property=\"og:image:height\" content=\"667\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"PhileNews (Cyprus)\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"PhileNews (Cyprus)\" \/>\n\t<meta name=\"twitter:label2\" content=\"Estimated reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"6 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/ch.jfdi.cc\\\/?p=4961#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/ch.jfdi.cc\\\/?p=4961\"},\"author\":{\"name\":\"PhileNews (Cyprus)\",\"@id\":\"https:\\\/\\\/ch.jfdi.cc\\\/#\\\/schema\\\/person\\\/b84b88c4fd397cc2d0104b41d48fad84\"},\"headline\":\"\u2018Wild West\u2019 of neuroscience drives new laws on brain privacy\",\"datePublished\":\"2024-03-21T15:00:37+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/ch.jfdi.cc\\\/?p=4961\"},\"wordCount\":1168,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/ch.jfdi.cc\\\/?p=4961#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/ch.jfdi.cc\\\/wp-content\\\/uploads\\\/2024\\\/03\\\/wild-west-of-neuroscience-drives-new-laws-on-brain-privacy.jpg\",\"keywords\":[\"ai\",\"Apple\",\"Art\",\"Artificial Intelligence\",\"brain data\",\"Chile\",\"clear\",\"coalition\",\"Companies\",\"compliance\",\"concerns\",\"consumer headbands\",\"consumer protection\",\"data\",\"doctor\",\"fundraiser\",\"Health\",\"Hospital\",\"Industry\",\"injuries\",\"legislation\",\"Meta\",\"mind\",\"neural rights\",\"paralyzed\",\"privacy\",\"rights\",\"technology\",\"United States\",\"vote\",\"World\"],\"articleSection\":[\"Other\"],\"inLanguage\":\"en-GB\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/ch.jfdi.cc\\\/?p=4961#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/ch.jfdi.cc\\\/?p=4961\",\"url\":\"https:\\\/\\\/ch.jfdi.cc\\\/?p=4961\",\"name\":\"\u2018Wild West\u2019 of neuroscience drives new laws on brain privacy\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/ch.jfdi.cc\\\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\\\/\\\/ch.jfdi.cc\\\/?p=4961#primaryimage\"},\"image\":{\"@id\":\"https:\\\/\\\/ch.jfdi.cc\\\/?p=4961#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/ch.jfdi.cc\\\/wp-content\\\/uploads\\\/2024\\\/03\\\/wild-west-of-neuroscience-drives-new-laws-on-brain-privacy.jpg\",\"datePublished\":\"2024-03-21T15:00:37+00:00\",\"author\":{\"@id\":\"https:\\\/\\\/ch.jfdi.cc\\\/#\\\/schema\\\/person\\\/b84b88c4fd397cc2d0104b41d48fad84\"},\"description\":\"U.S. neurologist Sean Pauzauskie has started using consumer headbands, designed to monitor sleep patterns or boost brain function, for capturing the brain activity of patients suffering from seizures. 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These headbands are cheaper and easier to use compared to traditional hospital equipment, and they capture similar electronic data. Advances in brain science have facilitated the capture and interpretation of detailed brain data flows, with some experiments showing the possibility of manipulating thoughts through neurological intervention. Researchers at the University of Texas have used AI to predict words running through a participant's head based on electronic brain images. This technology has helped paralyzed patients communicate via brainwaves and assisted in rewiring dormant neural pathways after spinal injuries. Pauzauskie expressed both excitement for the insights this technology can provide and concern over the potential for abuse of brain data. Consequently, he joined a coalition advocating for privacy guarantees for brain data in Colorado, leading to legislation that passed the Colorado assembly and is now before the state senate. Similar bills are under consideration in Minnesota and California. The Colorado law would categorize neural data as \"sensitive data,\" requiring companies to obtain consent before collection and to allow customers to limit data use and request deletion. The United States lacks federal privacy laws specifically addressing neural data, and the Neurorights Foundation is working to enshrine rights for the brain globally.","breadcrumb":{"@id":"https:\/\/ch.jfdi.cc\/?p=4961#breadcrumb"},"inLanguage":"en-GB","potentialAction":[{"@type":"ReadAction","target":["https:\/\/ch.jfdi.cc\/?p=4961"]}]},{"@type":"ImageObject","inLanguage":"en-GB","@id":"https:\/\/ch.jfdi.cc\/?p=4961#primaryimage","url":"https:\/\/ch.jfdi.cc\/wp-content\/uploads\/2024\/03\/wild-west-of-neuroscience-drives-new-laws-on-brain-privacy.jpg","contentUrl":"https:\/\/ch.jfdi.cc\/wp-content\/uploads\/2024\/03\/wild-west-of-neuroscience-drives-new-laws-on-brain-privacy.jpg","width":1000,"height":667,"caption":"\u2018Wild West\u2019 of neuroscience drives new laws on brain privacy"},{"@type":"BreadcrumbList","@id":"https:\/\/ch.jfdi.cc\/?p=4961#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/ch.jfdi.cc\/"},{"@type":"ListItem","position":2,"name":"\u2018Wild West\u2019 of neuroscience drives new laws on brain privacy"}]},{"@type":"WebSite","@id":"https:\/\/ch.jfdi.cc\/#website","url":"https:\/\/ch.jfdi.cc\/","name":"ch.jfdi.cc","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/ch.jfdi.cc\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-GB"},{"@type":"Person","@id":"https:\/\/ch.jfdi.cc\/#\/schema\/person\/b84b88c4fd397cc2d0104b41d48fad84","name":"PhileNews (Cyprus)","sameAs":["https:\/\/in-cyprus.philenews.com\/"],"url":"https:\/\/ch.jfdi.cc\/?author=5"}]}},"_links":{"self":[{"href":"https:\/\/ch.jfdi.cc\/index.php?rest_route=\/wp\/v2\/posts\/4961","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ch.jfdi.cc\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ch.jfdi.cc\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ch.jfdi.cc\/index.php?rest_route=\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/ch.jfdi.cc\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4961"}],"version-history":[{"count":0,"href":"https:\/\/ch.jfdi.cc\/index.php?rest_route=\/wp\/v2\/posts\/4961\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ch.jfdi.cc\/index.php?rest_route=\/wp\/v2\/media\/4962"}],"wp:attachment":[{"href":"https:\/\/ch.jfdi.cc\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4961"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ch.jfdi.cc\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4961"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ch.jfdi.cc\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4961"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}