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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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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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