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Neurotechnology & the law

07 June 2024 / Harry Lambert
Issue: 8074 / Categories: Features , Profession , Technology , Artificial intelligence , Privacy
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In the first of a series of articles on the interplay between neurotechnology & different areas of law, Harry Lambert brings us up to speed on neurotech capabilities
  • Focuses on ‘neurorights’ from a legal perspective, including how they might apply to different areas of practice, and how other jurisdictions are seeking to protect them.

I want you to consider the list below. Each item is a potential application of monitoring, harvesting and analysing brain wave data from electroencephalograms (EEGs). But which of these neurotech capabilities do you think are: (a) possible in the near future; (b) possible in the long term; or (c) impossible?

In ascending order of radicality and/or dystopian-ness (if that is a word) here is the list:

(1) predicting who will suffer from degenerative diseases;

(2) monitoring levels of fatigue;

(3) checking that someone is listening to you/concentrating;

(4) direct brain-to-brain communication;

(5) ascertaining a subject’s political leanings, religious beliefs or amorous feelings;

(6) implanting dreams about products;

(7) scanning a suspect’s memory to check

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NEWS
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Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
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