Deep brain stimulation is a well-accepted treatment for movement disorders and is currently explored as a treatment option for various neurological and psychiatric disorders. Several case studies suggest that DBS may, in some patients, influence mental states critical to personality to such an extent that it affects an individual’s personal identity, i.e. the experience of psychological continuity, of persisting through time as the same person. Without questioning the usefulness of DBS as a treatment option for various serious and treatment refractory (...) conditions, the potential of disruptions of psychological continuity raises a number of ethical and legal questions. An important question is that of legal responsibility if DBS induced changes in a patient’s personality result in damage caused by undesirable or even deviant behavior. Disruptions in psychological continuity can in some cases also have an effect on an individual’s mental competence. This capacity is necessary in order to obtain informed consent to start, continue or stop treatment, and it is therefore not only important from an ethical point of view but also has legal consequences. Taking the existing literature and the Dutch legal system as a starting point, the present paper discusses the implications of DBS induced disruptions in psychological continuity for a patient’s responsibility for action and competence of decision and raises a number of questions that need further research. (shrink)

This chapter argues that a proper understanding of the difference between trying to do something and trying to bring it about that one does it sheds light on the nature of mental action. For example, even if one cannot, strictly speaking, try to think of seven animal names that begin with ‘g’, one can try to bring it about that one thinks of seven such names, and one can succeed. In some versions of this scenario, one's successful attempt involves no (...) overt actions but several mental ones: for example, keeping one's attention focused on the task, silently keeping a running account of the ‘g’ names that occurred to one, and bringing it about that one thinks of seven suitable names. (shrink)

After a long period of neglect, the phenomenology of action has recently regained its place in the agenda of philosophers and scientists alike. The recent explosion of interest in the topic highlights its complexity. The purpose of this paper is to propose a conceptual framework allowing for a more precise characterization of the many facets of the phenomenology of agency, of how they are related and of their possible sources. The key assumption guiding this attempt is that the processes through (...) which the phenomenology of action is generated and the processes involved in the specification and control of action are strongly interconnected. I argue in favor of a three-tiered dynamic model of intention, link it to an expanded version of the internal model theory of action control and specification, and use this theoretical framework to guide an analysis of the contents, possible sources and temporal course of complementary aspects of the phenomenology of action. (shrink)

What happens to our conception of mind and rational agency when we take seriously future-directed intentions and plans and their roles as inputs into further practical reasoning? The author's initial efforts in responding to this question resulted in a series of papers that he wrote during the early 1980s. In this book, Bratman develops further some of the main themes of these essays and also explores a variety of related ideas and issues. He develops a planning theory of intention. Intentions (...) are treated as elements of partial plans of action. These plans play basic roles in practical reasoning, roles that support the organization of our activities over time and socially. Bratman explores the impact of this approach on a wide range of issues, including the relation between intention and intentional action, and the distinction between intended and expected effects of what one intends. (shrink)

Two approaches to instrumental rationality Suppose I intend end E, believe that a necessary means to E is M, and believe that M requires that I intend M. My attitudes concerning E and M engage a basic requirement of practical rationality, a requirement that, barring a change in my cited beliefs, I either intend M or give up intending E.2 Call this the Instrumental Rationality requirement – for short, the IR requirement.

Traditionally, the manufacturer/operator of a machine is held (morally and legally) responsible for the consequences of its operation. Autonomous, learning machines, based on neural networks, genetic algorithms and agent architectures, create a new situation, where the manufacturer/operator of the machine is in principle not capable of predicting the future machine behaviour any more, and thus cannot be held morally responsible or liable for it. The society must decide between not using this kind of machine any more (which is not a (...) realistic option), or facing a responsibility gap, which cannot be bridged by traditional concepts of responsibility ascription. (shrink)

BackgroundThe neurotechnology behind brain-computer interfaces (BCIs) raises various ethical questions. The ethical literature has pinpointed several issues concerning safety, autonomy, responsibility and accountability, psychosocial identity, consent, privacy and data security. This study aims to assess BCI users’ experiences, self-observations and attitudes in their own right and looks for social and ethical implications.MethodsWe conducted nine semi-structured interviews with BCI users, who used the technology for medical reasons. The transcribed interviews were analyzed according to the Grounded Theory coding method.ResultsBCI users perceive themselves (...) as active operators of a technology that offers them social participation and impacts their self-definition. Each of these aspects bears its own opportunities and risks. BCIs can contribute to retaining or regaining human capabilities. At the same time, BCI use contains elements that challenge common experiences, for example when the technology is in conflict with the affective side of BCI users. The potential benefits of BCIs are regarded as outweighing the risks in that BCI use is considered to promote valuable qualities and capabilities. BCI users appreciate the opportunity to regain lost capabilities as well as to gain new ones.ConclusionsBCI users appreciate the technology for various reasons. The technology is highly appreciated in cases where it is beneficial in terms of agency, participation and self-definitions. Rather than questioning human nature, the technology can retain and restore characteristics and abilities which enrich our lives. (shrink)

Connecting human minds to various technological devices and applications through brain-computer interfaces (BCIs) affords intriguingly novel ways for humans to engage and interact with the world. Not only do BCIs play an important role in restorative medicine, they are also increasingly used outside of medical or therapeutic contexts (e.g., gaming or mental state monitoring). A striking peculiarity of BCI technology is that the kind of actions it enables seems to differ from paradigmatic human actions, because, effects in the world are (...) brought about by devices such as robotic arms, prosthesis, or other machines, and their execution runs through a computer directed by brain signals. In contrast to usual forms of action, the sequence does not need to involve bodily or muscle movements at all. A motionless body, the epitome of inaction, might be acting. How do theories of action relate to such BCI-mediated forms of changing the world? We wish to explore this question through the lenses of three perspectives on agency: subjective experience of agency, philosophical action theory, and legal concepts of action. Our analysis pursues three aims: First, we shall discuss whether and which BCI-mediated events qualify as actions, according to the main concepts of action in philosophy and law. Secondly, en passant, we wish to highlight the ten most interesting novelties or peculiarities of BCI-mediated movements. Thirdly, we seek to explore whether these novel forms of movement may have consequences for concepts of agency. More concretely, we think that convincing assessments of BCI-movements require more fine-grained accounts of agency and a distinction between various forms of control during movements. In addition, we show that the disembodied nature of BCI-mediated events causes troubles for the standard legal account of actions as bodily movements. In an exchange with views from philosophy, we wish to propose that the law ought to reform its concept of action to include some, but not all, BCI-mediated events and sketch some of the wider implications this may have, especially for the venerable legal idea of the right to freedom of thought. In this regard, BCIs are an example of the way in which technological access to yet largely sealed-off domains of the person may necessitate adjusting normative boundaries between the personal and the social sphere. (shrink)

This paper adds another argument to the rising tide of panic about robots and AI. The argument is intended to have broad civilization-level significance, but to involve less fanciful speculation about the likely future intelligence of machines than is common among many AI-doomsayers. The argument claims that the rise of the robots will create a crisis of moral patiency. That is to say, it will reduce the ability and willingness of humans to act in the world as responsible moral agents, (...) and thereby reduce them to moral patients. Since that ability and willingness is central to the value system in modern liberal democratic states, the crisis of moral patiency has a broad civilization-level significance: it threatens something that is foundational to and presupposed in much contemporary moral and political discourse. I defend this argument in three parts. I start with a brief analysis of an analogous argument made in pop culture. Though those arguments turn out to be hyperbolic and satirical, they do prove instructive as they illustrates a way in which the rise of robots could impact upon civilization, even when the robots themselves are neither malicious nor powerful enough to bring about our doom. I then introduce the argument from the crisis of moral patiency, defend its main premises and address objections. (shrink)

The paper concerns the problem of the legal responsibility of autonomous machines. In our opinion it boils down to the question of whether such machines can be seen as real agents through the prism of folk-psychology. We argue that autonomous machines cannot be granted the status of legal agents. Although this is quite possible from purely technical point of view, since the law is a conventional tool of regulating social interactions and as such can accommodate various legislative constructs, including legal (...) responsibility of autonomous artificial agents, we believe that it would remain a mere ‘law in books’, never materializing as ‘law in action’. It is not impossible to imagine that the evolution of our conceptual apparatus will reach a stage, when autonomous robots become full-blooded moral and legal agents. However, today at least, we seem to be far from this point. (shrink)

Does DBS change a patient’s personality? This is one of the central questions in the debate on the ethics of treatment with Deep Brain Stimulation (DBS). At the moment, however, this important debate is hampered by the fact that there is relatively little data available concerning what patients actually experience following DBS treatment. There are a few qualitative studies with patients with Parkinson’s disease and Primary Dystonia and some case reports, but there has been no qualitative study yet with patients (...) suffering from psychiatric disorders. In this paper, we present the experiences of 18 patients with Obsessive-Compulsive Disorder (OCD) who are undergoing treatment with DBS. We will also discuss the inherent difficulties of how to define and assess changes in personality, in particular for patients with psychiatric disorders. We end with a discussion of the data and how these shed new light on the conceptual debate about how to define personality. (shrink)

Tackling some central problems in the philosophy of action, Mele constructs an explanatory model for intentional behavior, locating the place and significance of such mental phenomena as beliefs, desires, reasons, and intentions in the etiology of intentional action. In the first part, Mele illuminates the connection between desire and action and defends detailed characterizations of irresistible desires and reasons for action. Mele argues for the viability of a causal approach to the explanation of intentional action in terms of psychological states (...) and events, paying special attention to recent worries about the causal relevance of the mental. In Part Two, Mele goes on to develop a subtle and well-defended view that the motivational role of intentions is of a different sort from that of beliefs and desires. Mele's account, based largely on a careful study of the functions of intentions, presents intentions as states irreducible to collections of beliefs and desires which hinge on their executive and representational features. Springs of Action will be of interest not only to philosophers of action, but also to those interested in the philosophy of mind, metaphysics, and ethics. (shrink)

What is the relation between a reason and an action when the reason explains the action by giving the agent's reason for doing what he did? We may call such explanations rationalizations, and say that the reason rationalizes the action. In this paper I want to defend the ancient - and common-sense - position that rationalization is a species of ordinary causal explanation. The defense no doubt requires some redeployment, but not more or less complete abandonment of the position, as (...) urged by many recent writers. (shrink)

This book provides a comprehensive, systematic theory of moral responsibility. The authors explore the conditions under which individuals are morally responsible for actions, omissions, consequences, and emotions. The leading idea in the book is that moral responsibility is based on 'guidance control'. This control has two components: the mechanism that issues in the relevant behavior must be the agent's own mechanism, and it must be appropriately responsive to reasons. The book develops an account of both components. The authors go on (...) to offer a sustained defense of the thesis that moral responsibility is compatible with causal determinism. (shrink)

David Shoemaker presents a new pluralistic theory of responsibility, based on the idea of quality of will. His approach is motivated by our ambivalence to real-life cases of marginal agency, such as those caused by clinical depression, dementia, scrupulosity, psychopathy, autism, intellectual disability, and poor formative circumstances. Our ambivalent responses suggest that such agents are responsible in some ways but not others. Shoemaker develops a theory to account for our ambivalence, via close examination of several categories of pancultural emotional responsibility (...) responses and their appropriateness conditions. The result is three distinct types of responsibility, each with its own set of required capacities: attributability, answerability, and accountability. Attributability is about the having and expressing of various traits of character, and it is the target of a range of aretaic sentiments and emotional practices organized around disdain and admiration. Answerability is about one’s capacity to govern one’s actions and attitudes by one’s evaluative judgments about the worth of various practical reasons, and it is the target of a range of sentiments and emotional practices organized around regret and pride. Accountability is about one’s ability to regard others, both evaluatively and emotionally, and it is the target of a range of sentiments and emotional practices organized around anger and gratitude. In Part One of the book, this tripartite theory is developed and defended. In Part Two of the book, the tripartite theory’s predictions about specific marginal cases are tested, once certain empirical details about the nature of those agents have been filled in and discussed. (shrink)

Intention is one of the masterworks of twentieth-century philosophy in English. First published in 1957, it has acquired the status of a modern philosophical classic. The book attempts to show in detail that the natural and widely accepted picture of what we mean by an intention gives rise to insoluble problems and must be abandoned. This is a welcome reprint of a book that continues to grow in importance.

I argue that we should give up the fight to rescue causal theories of action from fundamental challenges such as the problem of deviant causal chains; and that we should rather pursue an account of action based on the basic intuition that control identifies agency. In Section 1 I introduce causalism about action explanation. In Section 2 I present an alternative, Frankfurt’s idea of guidance. In Section 3 I argue that the problem of deviant causal chains challenges causalism in two (...) important respects: first, it emphasizes that causalism fails to do justice to our basic intuition that control is necessary for agency. Second, it provides countless counterexamples to causalism, which many recent firemen have failed to extinguish – as I argue in some detail. Finally, in Section 4 I argue, contra Al Mele, that control does not require the attribution of psychological states as causes. (shrink)

Brain Computer Interface (BCI) technology offers potential for human augmentation in areas ranging from communication to home automation, leisure and gaming. This paper addresses ethical challenges associated with the wider scale deployment of BCI as an assistive technology by documenting issues associated with the development of non-invasive BCI technology. Laboratory testing is normally carried out with volunteers but further testing with subjects, who may be in vulnerable groups is often needed to improve system operation. BCI development is technically complex, sometimes (...) requiring lengthy recording sessions to achieve the necessary personalisation of the paradigms, and this can present ethical challenges that vary depending on the subject group. The paper contributes to the on-going ethical discussion surrounding the deployment BCI outside the specialist laboratory and suggests some tentative guidelines for BCI research teams, appropriate to those deploying the technology, derived from experience on a multisite project. Any tension between deployment and technical progress must be managed by a formal process within a multidisciplinary consortium. (shrink)

In this paper I argue that, to make intentional actions fully intelligible, we need to posit representations of action the content of which is nonconceptual. I further argue that an analysis of the properties of these nonconceptual representations, and of their relation- ships to action representations at higher levels, sheds light on the limits of intentional control. On the one hand, the capacity to form nonconceptual representations of goal-directed movements underscores the capacity to acquire executable concepts of these movements, thus (...) allowing them to come under intentional control. On the other hand, the degree of autonomy these nonconceptual representations enjoy, and the specific temporal constraints stemming from their role in motor control, set limits on intentional control over action execution. (shrink)

Tackling some central problems in the philosophy of action, Mele constructs an explanatory model for intentional behavior, locating the place and significance of such mental phenomena as beliefs, desires, reason, and intentions in the etiology of intentional action. Part One comprises a comprehensive examination of the standard treatments of the relations between desires, beliefs, and actions. In Part Two, Mele goes on to develop a subtle and well-defended view that the motivational role of intentions is of a different sort from (...) that of beliefs and desires. Mele, also offers a provocative explanation of how we come to have intentions and elaborates on his earlier work concerning akratic failures of will. (shrink)

Brutus wanted to kill Caesar. He believed that Caesar was an ordinary mortal, and that, given this, stabbing him (by which we mean plunging a knife into his heart) was a way of killing him. He thought that he could stab Caesar, for he remembered that he had a knife and saw that Caesar was standing next to him on his left, in the Forum. So Brutus was motivated to stab the man to his left. He did so, thereby killing (...) Caesar. (shrink)

ABSTRACT There is concern that the use of neuroenhancements to alter character traits undermines consumer's authenticity. But the meaning, scope and value of authenticity remain vague. However, the majority of contemporary autonomy accounts ground individual autonomy on a notion of authenticity. So if neuroenhancements diminish an agent's authenticity, they may undermine his autonomy. This paper clarifies the relation between autonomy, authenticity and possible threats by neuroenhancements. We present six neuroenhancement scenarios and analyse how autonomy accounts evaluate them. Some cases are (...) considered differently by criminal courts; we demonstrate where academic autonomy theories and legal reasoning diverge and ascertain whether courts should reconsider their concept of autonomy. We argue that authenticity is not an appropriate condition for autonomy and that new enhancement technologies pose no unique threats to personal autonomy. (shrink)

The concept of intention can do useful work in psychological theory. Many authors have insisted on a qualitative difference between prospective and intentions regarding their type of content, with prospective intentions generally being more abstract than immediate intentions. However, we suggest that the main basis of this distinction is temporal: prospective intentions necessarily occur before immediate intention and before action itself, and often long before them. In contrast, immediate intentions occur in the specific context of the action itself. Yet both (...) types of intention share a common purpose,namely that of generating the specific information required to transform an abstract representation of a goal-state into a concrete episode of instrumental action directed towards that goal. To this extent, the content of a prospective and of an immediate intention can actually be quite similar. The main distinction between prospective and immediate intentions becomes one of when, i.e., how early on, the episodic details of an action are planned. We propose that the conscious experience associated with intentional action comes from this process of fleshing out intentions with episodic details. (shrink)

There is concern that the use of neuroenhancements to alter character traits undermines consumer's authenticity. But the meaning, scope and value of authenticity remain vague. However, the majority of contemporary autonomy accounts ground individual autonomy on a notion of authenticity. So if neuroenhancements diminish an agent's authenticity, they may undermine his autonomy. This paper clarifies the relation between autonomy, authenticity and possible threats by neuroenhancements. We present six neuroenhancement scenarios and analyse how autonomy accounts evaluate them. Some cases are considered (...) differently by criminal courts; we demonstrate where academic autonomy theories and legal reasoning diverge and ascertain whether courts should reconsider their concept of autonomy. We argue that authenticity is not an appropriate condition for autonomy and that new enhancement technologies pose no unique threats to personal autonomy. (shrink)

Ethical issues concerning brain–computer interfaces have already received a considerable amount of attention. However, one particular form of BCI has not received the attention that it deserves: Affective BCIs that allow for the detection and stimulation of affective states. This paper brings the ethical issues of affective BCIs in sharper focus. The paper briefly reviews recent applications of affective BCIs and considers ethical issues that arise from these applications. Ethical issues that affective BCIs share with other neurotechnologies are presented and (...) ethical concerns that are specific to affective BCIs are identified and discussed. (shrink)

In some recent work on omissions, it has been argued that the causal theory of action cannot account for how agency is exercised in intentionally omitting to act in the same way it explains how agency is exercised in intentional action. Thus, causalism appears to provide us with an incomplete picture of intentional agency. I argue that causalists should distinguish causalism as a general theory of intentional agency from causalism as a theory of intentional action. Specifically, I argue that, while (...) intentional actions may best be understood as the causal products or outcomes of causings, we should identify exercises of intentional agency with causal processes. With a causalist account of intentional agency sketched, I respond to the challenge to causalism from omissions. I argue that when an agent intentionally omits there is a causal process that has a zero-sum outcome. But the causal process is sufficient to make it true that the agent exercises intentional agency in intentionally omitting. (shrink)

This comment responds to Kevin Warwick’s article on predictability and responsibility with respect to brain-machine interfaces in action. It compares conventional responsibility for device use with the potential consequences of phenomenological human-machine integration which obscures the causal chain of an act. It explores two senses of “responsibility”: 1) when it is attributed to a person, suggesting the morally important way in which the person is a causal agent, and 2) when a person is accountable and, on the basis of fairness (...) about rewards and sanctions, has a duty to act responsibly and accept liability. The comment suggests that, in the absence of absolute knowledge and predictability, we continue to engage in practical forms of reasoning about the responsibility for BMI-use in ways which are inclusive of uncertainties about the liability of persons versus devices and those who create them. (shrink)

Those who argue that free will is an illusion are wrong. They base their argument on scientific evidence that tests the wrong level of description for intentional action. Free will is not about subpersonal neuronal processes, muscular activation, or basic bodily movements, but about contextualized actions in a system that is larger than many contemporary philosophers of mind, psychologists, and neuroscientists consider. In this paper, I describe the kind of intentionality that goes with the exercise of free will.

This article argues that it is possible to hold autonomous agents themselves, and not only their makers, users or owners, responsible for the acts of these agents. In this connection autonomous systems are computer programs that interact with the outside world without human interference. They include such systems as ‘intelligent’ weapons and self-driving cars. The argument is based on an analogy between human beings and autonomous agents and its main element asserts that if humans can be held responsible, so can, (...) in principle, autonomous agents, as humans are more like autonomous agents than is often assumed. (shrink)

In our philosophical tradition and our wider culture, we tend to think of persons as agents. This agential conception is flattering, but in this paper I will argue that it conceals a more complex truth about what persons are. In 1. I set the issues in context. In 2. I critically explore four features commonly presented as fundamental to personhood in versions of the agential conception: action, capability, choice and independence. In 3. I argue that each of these agential features (...) presupposes a non-agential feature: agency presupposes patiency, capability presupposes incapability, choice presupposes necessity and independence presupposes dependency. In 4. I argue that such non-agential features, as well as being implicit within the agential conception, are as apt to be constitutive of personhood as agential features, and in 5. I conclude. (shrink)

Mobile health devices pose novel questions at the intersection of philosophy and technology. Many such applications not only collect sensitive data, but also aim at persuading users to change their lifestyle for the better. A major concern is that persuasion is paternalistic as it intentionally aims at changing the agent’s actions, chipping away at their autonomy. This worry roots in the philosophical conviction that perhaps the most salient feature of living autonomous lives is displayed via agency as opposed to patiency—our (...) lives go well in virtue of what we do, rather than what happens to us. Being persuaded by a device telling us how to conduct our lives seemingly renders the agent passive, an inert recipient of technological commands. This agential bias, however, has led to a marginalization of patiential characteristics that are just as much part of our lives as are agential characteristics. To appreciate the inherent interlocking of acting and being acted upon, it is vital to acknowledge that agency and patiency are correlates, not mutually exclusive opposites. Furthermore, it is unclear whether an action can only count as agential so long as its causes are internal. Drawing on the extended mind and extended will framework, I argue that mHealth applications merely serve as volitional aids to the agent’s internal cognition. Autonomously set goals can be achieved more effectively via technology. To be persuaded by an mHealth device does not mainly—let alone exclusively—emphasize patiency; on the contrary, it can be an effective tool for technologically enhancing agency. (shrink)

Brain Computer Interfaces (BCIs) enable one to control peripheral ICT and robotic devices by processing brain activity on-line. The potential usefulness of BCI systems, initially demonstrated in rehabilitation medicine, is now being explored in education, entertainment, intensive workflow monitoring, security, and training. Ethical issues arising in connection with these investigations are triaged taking into account technological imminence and pervasiveness of BCI technologies. By focussing on imminent technological developments, ethical reflection is informatively grounded into realistic protocols of brain-to-computer communication. In particular, (...) it is argued that human-machine adaptation and shared control distinctively shape autonomy and responsibility issues in current BCI interaction environments. Novel personhood issues are identified and analyzed too. These notably concern (i) the “sub-personal” use of human beings in BCI-enabled cooperative problem solving, and (ii) the pro-active protection of personal identity which BCI rehabilitation therapies may afford, in the light of so-called motor theories of thinking, for the benefit of patients affected by severe motor disabilities. (shrink)

The article shows where the argument of responsibility-gap regarding brain-computer interfaces acquires its plausibility from, and suggests why the argument is not plausible. As a way of an explanation, a distinction between the descriptive third-person perspective and the interpretative first-person perspective is introduced. Several examples and metaphors are used to show that ascription of agency and responsibility does not, even in simple cases, require that people be in causal control of every individual detail involved in an event. Taking up the (...) current debate on liability in BCI use, the article provides and discusses some rules that should be followed when potentially harmful BCI-based devices are brought from the laboratory into everyday life. (shrink)

This rich and wide-ranging book defends a “tripartite theory” of responsibility. The general thesis is that responsibility-responses fall into three overlapping categories, each of which presumes distinct agential capacities. On the basis of a close examination of various sorts of marginal agency, these capacities are said to be independent and ground what deserves to be called distinct types or “faces” of responsibility. The first face, attributability, depends on a capacity for character, answerability on a capacity for judgment, and accountability on (...) a capacity for “regard”. This commentary questions the theory’s account of the relations among the types of responsibility, and its attempt to ground responsibility-responses in qualities of “will”. (shrink)

In diesem Buch führt Andreas Schönau neurowissenschaftliche Erkenntnisse und Modelle mit philosophischen Theorien und Konzeptionen der Handlungstheorie aus einer neuartigen Bottom-up-Perspektive zusammen. Damit ermöglicht er einen interdisziplinären Blick auf die Gültigkeit der Bedingungen von Willensfreiheit, die hinsichtlich ihres konstitutiven Verhältnisses zu automatisierten und unbewussten Prozessen untersucht werden. Willensfreiheit erweist sich aus dieser Perspektive als ein fähigkeitbasiertes Phänomen und fordert die idealistischen Positionierungen der Philosophie heraus.

Technologies controlled directly by the brain are being developed, evolving based on insights gained from neuroscience, and rehabilitative medicine. Besides neuro-controlled prosthetics aimed at restoring function lost somehow, technologies controlled via brain-computer interfaces (BCIs) may also extend a user’s horizon of action, freed from the need for bodily movement. Whilst BCI-mediated action ought to be, on the whole, treated as conventional action, law and policy ought to be amended to accommodate BCI action by broadening the definition of action as “willed (...) bodily movement”. Moreover, there are some dimensions of BCI mediated action that are significantly different to conventional cases. These relate to control. Specifically, to limits in both controllability of BCIs via neural states, and in foreseeability of outcomes from such actions. In some specific type of case, BCI-mediated action may be due to different ethical evaluation from conventional action. (shrink)