Philosophical, Ethical and Legal Aspects of Brain-Computer Interfaces

Human minds and machines, or organic and artificial intelligence (AI), are increasingly merging through neurotechnologies such as Brain-Computer-Interfaces (BCIs) that may record or alter brain activity. While most current devices are developed and used for rehabilitative purposes, more and more consumer devices are about to come on the market, and some stakeholders such as Elon Musk and his company Neuralink pursue more transhumanist objectives. This merging of minds and machines raises multiple intriguing philosophical, ethical, and legal questions: Do these devices become part of the person, even more, might the AI operating these devices become part of her? (I argue that it does under certain conditions, creating the most intimate conceivable connection between AI and persons). Are there ethical boundaries, and what is the legal situation, especially with respect to human rights? (I call for a renaissance of the right to freedom of thought to provide at least some principled protection for privacy of thought). Moreover, the topic has received the attention of international organizations, which will negotiate the first international treaty on the ethics of neurotechnology under the auspices of UNESCO in the beginning of 2025 (expected to be concluded in late 2025). This will set the standards for the future trajectory of the technology, but whether agreement can be found is to be seen. The EU, US, and China have different regulatory approaches with different visions for the future. This talk addresses these political, philosophical, legal and ethical questions and presents results of an international research cooperation on the topic, HYBRID MIND, that is funded in Germany by the Federal Ministry of Education and Research and comes to its official conclusion during the days of the 38C3.