Cognitive Liberty In The Age Of Neurotechnology: A Legal And Ethical Exploration
- IJLLR Journal
- Jun 5
- 2 min read
Pranav Bhondve, ILS Law College, Pune
INTRODUCTION
Is it possible to operate external devices purely through the power of thought? Yes, Neuralink is a brain-computer interface (BCI) company founded by Elon Musk that develops implants specifically designed to read brain activity and enhance cognitive abilities. This revolutionary technology requires a coin-sized device to be implanted in the human brain, with its electrodes recording neuronal activity. These signals are wirelessly transmitted to a device, allowing users to control external devices with their thoughts. For example, allowing users to control devices such as a cursor, keyboard, or even a PC.
During the preliminary stages, Neuralink is focusing on aiding individuals with paralysis by recording and decoding neural signals from individual neurons and then transmitting them back to the brain using electrical stimulation. The Neuralink chip aims to restore personal control over limbs, prosthetics, or communication devices.
This blog explores the legal vacuum around neuro-rights, privacy, ownership of mental data, and the ethical concerns it raises regarding human rights.
WHAT IS NEUROTECHNOLOGY?
Neurotechnology is a revolutionary step towards the future, making possible what was previously science fiction. Across the globe, efforts are being made by companies and governments to develop technology that will allow individuals to communicate by thinking and have access to the entire internet’s database inside their brains. Additionally, efforts are underway to develop therapies for mental illness and neurological disorders such as Alzheimer’s, schizophrenia, stroke, post-traumatic stress disorder, depression, and addiction. Furthermore, there are two types of BCI: Invasive and Non-Invasive BCI. Invasive BCIs are the one which require surgery to take place and implant electrodes directly into a person’s brain. These electrodes then perform the function of sending the brain data to a computer for decoding and analysis. Invasive BCIs have shown improvements with helping people with dysfunctional limbs perceive hot and cold temperatures in their environment. For example, BrainGate implanted an invasive BCI in a 45-year-old man with Amyotrophic Lateral Sclerosis (ALS) who previously could not speak or move. He can now write and send emails, Google random questions, and shop on Amazon using an off-the-shelf Android tablet.