Of the many futuristic prospects offered by neuroscience, one of the more controversial is ‘brain reading’: the use of functional neuroimaging to gain information about subjects’ mental states or thoughts. This technology has various possible applications, including ‘neuromarketing’ and lie detection. Would such applications violate subjects’ privacy rights? Conversely, if God knows and judges all our secret thoughts, do Christians have any stake in defending a right to mental privacy? This article argues that God’s knowledge of us is different not (...) only in degree but in kind from the knowledge sought through brain reading. This view of divine knowledge supports a theological account of privacy, richer and broader in scope than standard accounts of privacy rights, which can aid the ethical analysis of the use of brain reading technology for purposes such as marketing and lie detection. (shrink)

This article provides a conceptual and normative framework through which we may understand the potentially ethically significant roles that information generated by neurotechnologies about our brains and minds may play in our construction of our identities. Neuroethics debates currently focus disproportionately on the ways that third parties may (ab)use these kinds of information. These debates occlude interests we may have in whether and how we ourselves encounter information about our own brains and minds. This gap is not yet adequately addressed (...) by most allusions in the literature to potential identity impacts. These lack the requisite conceptual or normative foundations to explain why we should be concerned about such effects or how they might be addressed. This article seeks to fill this gap by presenting a normative account of identity as constituted by embodied self-narratives. It proposes that information generated by neurotechnologies can play significant content-supplying and interpretive roles in our construction of our self-narratives. It argues, to the extent that these roles support and detract from the coherence and inhabitability of these narratives, access to information about our brains and minds engages non-trivial identity-related interests. These claims are illustrated using examples drawn from empirical literature reporting reactions to information generated by implantable predictive BCIs and psychiatric neuroimaging. The article concludes by highlighting ways in which information generated by neurotechnologies might be governed so as to protect information subjects’ interests in developing and inhabiting their own identities. (shrink)

Not too long ago, neurotechnology was the purview of the clinic and research. In 2011, researchers at Brown University succeeded for the first time in using an implanted sensor in the brain of a pa...

Advances in science and technology frequently raise new ethical, legal, and social issues, and developments in neuroscience and neuroimaging technology are no exception. Within the field of neuroethics, leading scientists, ethicists, and humanists are exploring the implications of efforts to image, study, treat, and enhance the human brain.This article focuses on one aspect of neuroethics: the confidentiality and privacy implications of advances in functional magnetic resonance imaging. Following a brief orientation to fMRI and an overview of some of its current (...) and proposed uses, this article highlights key confidentiality and privacy issues raised by fMRI in the contexts of health care, research, employment, insurance, criminal justice, litigation, and cognitive privacy. (shrink)

Our technologies have enabled us to change both the world and our perceptions of the world, as well as to change ourselves and to find new ways to fulfil the human desire for improvement and for having new capacities. The debate around using technology for human enhancement has already raised many ethical concerns, however little research has been done in how human enhancement can affect human communication. The purpose of this paper is to explore whether some human enhancements could change (...) our shared lifeworld so radically that human communication as we know it would not be possible any longer. After exploring the kinds of communication problems we are concerned with as well as mentioning some possible enhancement interventions that could bring about such problems, we will address some of the ethical implications that follow from these potential communication problems. We argue that because of the role that communication plays in human society, this issue deserves attention. (shrink)

This paper examines interwoven ethical and epistemological issues raised by attempts to promote responsive childcare practices based on neuroscience evidence on the developmental effects of early stress. The first section presents this “neuroscience argument for responsive early childcare”. The second section introduces some evidential challenges posed by the use of evidence from developmental neuroscience as grounds for parental practice recommendations and then advances a set of observations about the limitations of the evidence typically cited. Section three highlights the ethical implications (...) of the neuroscience argument for responsive early childcare. It argues that the neuroscience argument, first, fuels unwarranted parental anxiety by unduly raising the stakes of families’ early childcare choices and, second, threatens public confidence in developmental science’s potential to inform childcare practices and policy that enhance children’s health and well being. (shrink)

Advances in science and technology frequently raise new ethical, legal, and social issues, and developments in neuroscience and neuroimaging technology are no exception. Within the field of neuroethics, leading scientists, ethicists, and humanists are exploring the implications of efforts to image, study, treat, and enhance the human brain.This article focuses on one aspect of neuroethics: the confidentiality and privacy implications of advances in functional magnetic resonance imaging. Following a brief orientation to fMRI and an overview of some of its current (...) and proposed uses, this article highlights key confidentiality and privacy issues raised by fMRI in the contexts of health care, research, employment, insurance, criminal justice, litigation, and cognitive privacy. (shrink)

Under the umbrella of the burgeoning neurotransdisciplines, scholars are using the principles and research methodologies of their primary and secondary fields to examine developments in neuroimaging, neuromodulation and psychopharmacology. The path for advanced scholarship at the intersection of law and neuroscience may clear if work across the disciplines is collected and reviewed and outstanding and debated issues are identified and clarified. In this article, I organize, examine and refine a narrow class of the burgeoning neurotransdiscipline scholarship; that is, scholarship at (...) the interface of law and functional magnetic resonance imaging (fMRI). (shrink)

The human body was made legible long ago. But what of the human mind? Is it possible to ‘read’ the mind, for one human being to know what another is thinking or feeling, their beliefs and intentions. And if I can read your mind, how about others – could our authorities, in the criminal justice system or the security services? Some developments in contemporary neuroscience suggest the answer to this question is ‘yes’. While philosophers continue to debate the mind-brain problem, (...) a range of novel technologies of brain imaging have been used to argue that specific mental states, and even specific thoughts, can be identified by characteristic patterns of brain activation; this has led some to propose their use in practices ranging from lie detection and security screening to the assessment of brain activity in persons in persistent vegetative states. This article reviews the history of these developments, sketches their scientific and technical bases, considers some of the epistemological and ontological mutations involved, explores the ecological niches where they have found a hospitable environment, and considers some implications of this materialization of the readable, knowable, transparent mind. (shrink)

This paper argues that legal privacy should be afforded to the content of the mind, comparing cognitive privacy to other protected forms of privacy and briefly addressing the potential pitfalls of compulsory neuroimaging.

It has often been argued that one of the reasons why we should value privacy is that it enables self-presentation and impression management. According to this approach, it is valuable to be able to govern the impression one gives, as the capacity to govern impressions is an instrument by which people take care of their various social relationships. In this paper I will take a closer look at that approach on privacy, with specific reference to the alleged threats to privacy (...) created by brain imaging technologies. I will argue that brain imaging can threaten our capacity for self-presentation, but that the link between privacy and self-presentation is only contingent, although their relation is strong. The conclusion is that brain privacy cannot be grounded only on the importance of self-presentation, although self-presentation provides an important reason for respecting the privacy of our inner lives. (shrink)

This article argues that a new diagram is emerging in the criminal justice system as it encounters developments in the neurosciences. This does not take the form that concerns many ‘neuroethicists’ — it does not entail a challenge to doctrines of free will and the notion of the autonomous legal subject — but is developing around the themes of susceptibility, risk, pre-emption and precaution. I term this diagram ‘screen and intervene’ and in this article I attempt to trace out this (...) new configuration and consider some of the consequences. (shrink)

In this article, we critically examine some of the ethical challenges and interpretive difficulties with possible future non-clinical applications of pediatric fMRI with a particular focus on applications in the classroom and the courtroom - two domains in which children come directly in contact with the state. We begin with a general overview of anticipated clinical and non-clinical applications of pediatric fMRI. This is followed by a detailed analysis of a range of ethical challenges and interpretive difficulties that trouble the (...) use of fMRI and are likely to be especially acute with non-clinical uses of the technology. We conclude that knowledge of these challenges and difficulties should influence policy decisions regarding the non-clinical uses of fMRI. Our aim is to encourage the development of future policies prescribing the responsible use of this neuroimaging technology as it develops both within and outside the clinical setting. (shrink)

In this paper, I argue that companies who use functional Magnetic Resonance Imaging (fMRI) scans for lie detection encounter the same basic ethical stumbling blocks as commercial companies that market traditional polygraphs. Markets in traditional voluntary polygraphs are common and fail to elicit much uproar among ethicists. Thus, for consistency, if markets in polygraphs are ethically unproblematic, markets using fMRIs for lie detection are equally as acceptable. Furthermore, while I acknowledge two substantial differences between the ethical concerns involving polygraphs and (...) fMRI lie detection, I argue that these concerns can be overcome and do not lead to the conclusion that markets in fMRI lie detection are ethically dubious. It is my conclusion that voluntary markets in fMRI lie detection can be justified by consumer autonomy and should be allowed to persist. (shrink)

Contemporary research on Neuroimaging seems to provide various techniques toread a personÏs mind and her individual thoughts. In this essay I examine someethical and metaphysical aspects of mind reading with a focus on how techniques ofmind-reading might concern the idea of human dignity.

When it becomes available, neuroscience-based apprehension of subjective thoughts is bound to have a profound impact on several areas of society. One of these areas is medicine. In principle, medical specialties that are primarily concerned with mind and brain are most likely to apply neurotechnological thought apprehension (NTA) techniques. Psychiatry is such a specialty, and the relevance of NTA developments for psychiatry has been recognized. In this article, I discuss ethical issues regarding the use of NTA techniques in psychiatric contexts. (...) First, I consider the notion of neurotechnological “thought apprehension,” as well as some limitations of present-day NTA applications. Next, I identify ethical priorities for its possible future use in psychiatry. The topics I explore concern key (bio)ethical issues: confidentiality, trust and distrust, consent and coercion, and, finally, responsibility. I conclude that mental health-related use of NTA entails some specific ethical concerns that deserve careful attention before introducing these technologies in psychiatric practice. (shrink)

The Ethical, Legal, and Social Implications (ELSI) program of the Human Genome Project stands as a model for how to organize bioethical inquiry for a rapidly changing field. Neuroscience has experienced significant growth in recent years and there is increasing interest in organizing critical reflection on this field, as evidenced by the creation of “neuroethics.” A nascent framework for reflection on the implications of neuroscience is emerging but significant work remains, given the pace and scope of neuroscientific developments. The adoption (...) of an ELSI program, modeled on that of the ELSI program of the Human Genome Project, promises a way for neuroscience to meet important organizational, educational, and policy objectives. Review of recent criticisms of the HGP ELSI program suggests that an ELSI program for neuroscience would face certain obstacles. Those interested in a neuroscience ELSI program will need to develop appropriate resources to overcome these obstacles. (shrink)

This paper draws attention to the tendency of a range of technologies to reduce pedagogical interactions to a series of datafied transactions of information. This is problematic because such transactions are always by definition reducible to finite possibilities. As the ability to gather and analyse data becomes increasingly fine-grained, the threat that these datafied approaches over-determine the pedagogical space increases. Drawing on the work of Hegel, as interpreted by twentieth century French radical philosopher Alexandre Kojève, this paper develops a model (...) of relational pedagogy which highlights three points of incompatibility with a datafied learning environment reduced to finite measures. Firstly: Kojève’s accont of authority in Hegel posits two aspects to the mimetic relation between teacher and student: recognition and realisation, which belong to the ipseity or about-self-ness of the subject, and are incompatible with a general definition of data. Secondly, the Hegelian approach to human historical time, in particular the assertion that time and desire are begun in the future, not the past, renders it incompatible with mathematical time as used in data processing. Finally, from these it is possible to derive a distinctive notion of the work of pedagogy, grounded in Kojève’s realist reading of Hegel, irreducible to information processing. In consequence of this threefold irreducibility, the paper draws attention to a need for relations of human pedagogical work to be inherent in the design of educational technologies and highlights the dangers of presuming a machine intelligence model in the design of learning environments. (shrink)

Scientific developments take place in a socio-political context but scientists often ignore the ways their innovations will be both interpreted by the media and used by policy makers. In the rush to neuroscientific discovery important questions are overlooked, such as the ways: (1) the brain, environment and behavior are related; (2) biological changes are mediated by social organization; (3) institutional bias in the application of technical procedures ignores race, class and gender dimensions of society; (4) knowledge is used to the (...) advantage of the powerful; and (5) its applications may reinforce existing structures of power that pose ethical questions about distributive justice. The case of crime, deception and functional Magnetic Resonance Imaging (fMRI) shows the complexity, and the political and ethical challenges that confront those who seek to use neuroscience to explain the etiology of crime, and who base policy on its findings. An ethically grounded neuroscience needs to take account of existing structures of power and difference, and to develop a public neuropolitical consciousness that ensures that those subject to risk by the application of science and technology are participants in the decision-making processes involving the implementation of policies that affect them. (shrink)

I will argue that the fairly common assumption that brain imaging may compromise people’s privacy in an undesirable way only if moral crimes are committed is false. Sometimes persons’ privacy is compromised because of failures of privacy. A normal emotional reaction to failures of privacy is embarrassment and shame, not moral resentment like in the cases of violations of right to privacy. I will claim that if (1) neuroimaging will provide all kinds of information about persons’ inner life and not (...) only information that is intentionally searched for, and (2) there will be more and more application fields of fMRI and more and more people whose brains will be scanned (without any coercion), then, in the future, shame may be an unfortunately common feeling in our culture. This is because failures of privacy may dramatically increase. A person may feel shame strongly and long, especially if his failure is witnessed by people who he considers relatively important, but less than perfectly trustworthy. (shrink)

Brain imaging provides ever more sensitive measures of structure and function relevant to human psychology and has revealed correlates for virtually every psychiatric disorder. Yet it plays no accepted role in psychiatric diagnosis beyond ruling out medical factors such as tumors or traumatic brain injuries. Why is brain imaging not used in the diagnosis of primary psychiatric disorders, such as depression, bipolar disease, schizophrenia, and attention-deficit hyperactivity disorder (ADHD)? This article addresses this question. It reviews the state of the art (...) in psychiatric imaging, including diagnostic and other applications, and explains the nonutility of diagnostic imaging in terms of aspects of both the current state of imaging and the current nature of psychiatric nosology. The likely future path by which imaging-based diagnoses will be incorporated into psychiatry is also discussed. By reviewing one well-known attempt to use SPECT scanning in psychiatric diagnosis, the article examines a real-world practice that illustrates several related points: the appeal of the idea of image-assisted diagnosis for physicians, patients and families, despite a lack of proven effectiveness, and the mismatch between the categories and dimensions of current nosology and those suggested by imaging. (shrink)

The new field of neuroethics has recently emerged following unprecedented developments in the neurosciences. Neuroimaging and cognitive enhancement in particular are demanding ethical debate. For example, neuroscientists are able to measure, with increasing accuracy, intimate personal biases and thoughts as they occur in the brain. Smart drugs are now available that can effectively and safely enhance mental functioning in both healthy and clinical populations. This article describes the scientific principles behind these technologies, and urges the development of ethical principles based (...) on a clear understanding of them. Europe should take the United States’ lead in devoting resources specifically intended to examine neuroethical concerns within European healthcare and legal frameworks. (shrink)

Science is driven by technical innovations, and perhaps nowhere as visibly as in neuroscience. In the past decade, advances in methods have led to an explosion of studies in cognitive (Gazzaniga et...

There is considerable interest in the use of neuroimaging techniques for forensic purposes. Memory detection techniques, including the well-publicized Brain Fingerprinting technique (Brain Fingerprinting Laboratories, Inc., Seattle WA), exploit the fact that the brain responds differently to sensory stimuli to which it has been exposed before. When a stimulus is specifically associated with a crime, the resulting brain activity should differentiate between someone who was present at the crime and someone who was not. This article reviews the scientific literature on (...) three such techniques: priming, old/new, and P300 effects. The forensic potential of these techniques is evaluated based on four criteria: specificity, automaticity, encoding flexibility, and longevity. This article concludes that none of the techniques are devoid of forensic potential, although much research is yet to be done. Ethical issues, including rights to privacy and against self-incrimination, are discussed. A discussion of legal issues concludes that current memory detection techniques do not yet meet United States standards of legal admissibility. (shrink)

Detection of deception and confirmation of truth telling with conventional polygraphy raised a host of technical and ethical issues. Recently, newer methods of recording electromagnetic signals from the brain show promise in permitting the detection of deception or truth telling. Some are even being promoted as more accurate than conventional polygraphy. While the new technologies raise issues of personal privacy, acceptable forensic application, and other social issues, the focus of this paper is the technical limitations of the developing technology. Those (...) limitations include the measurement validity of the new technologies, which remains largely unknown. Another set of questions pertains to the psychological paradigms used to model or constrain the target behavior. Finally, there is little standardization in the field, and the vulnerability of the techniques to countermeasures is unknown. Premature application of these technologies outside of research settings should be resisted, and the social conversation about the appropriate parameters of its civil, forensic, and security use should begin. (shrink)

Neurotechnologies that are currently applied to treat a range of neurological and psychiatric diseases were found to have a number of positive side effects on cognitive functioning in healthy individuals. Consequently, these neurotechnologies could in theory be used for cognitive enhancement purposes, for instance, the improvement of eyewitness memory. Improving the process of collecting eyewitness testimony would be of great value and is an example of cognitive enhancement for the common good. In this article, we discuss the epistemological and ethical (...) issues such use raises. These issues are not only critical to using neurotechnologies to improve eyewitness memory, but have a wider scope. By discussing enhancement for a purpose that is not primarily self-regarding or self-serving but potentially benefits the society as a whole, we reflect on the consequences of accepting enhancement for the common good for the acceptability of cognitive enhancement in general. (shrink)

Medical imaging has provided insight into the living body that were not possible beforehand. With these methods a revolution in medical diagnosis and biomedical research has begun. Problematic aspects on the other hand are arising from the highly constructive properties of image production, which use complicated physical and physiological effects. Images are established via highly complicated combinations of technology and contingently chosen mathematical and algorithmic solutions. In addition, image construction follows properties of the human visual and cognitive system to allow (...) for the discrimination of the desired categories. It is no wonder that the visualizations referring to the body also show effects which have no physiological correlation within the body. Still such images are often used as if they were one-to-one correlates of the body. This has impacts, e.g. for their use as standardizing instances, resulting in new definitions of the normed healthy body, sickness or pathologies, maleness and femaleness and in determinisms as opposed to the brain's plasticity and variability, both in time and space, inter- as well as intra-individually. (shrink)