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Martini M, Kemper C. [Cybersecurity of brain-computer interfaces]. INTERNATIONAL CYBERSECURITY LAW REVIEW 2022; 3:191-243. [PMID: 37521509 PMCID: PMC8929247 DOI: 10.1365/s43439-022-00046-x] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Grants] [Track Full Text] [Download PDF] [Subscribe] [Scholar Register] [Received: 10/11/2021] [Accepted: 01/29/2022] [Indexed: 11/27/2022]
Abstract
Brain-computer interfaces inspire visions of superhuman powers, enabling users to control protheses and other devices solely with their thoughts. But the rapid development and commercialization of this technology also brings security risks. Attacks on brain-computer interfaces may cause harrowing consequences for users, from eavesdropping on neurological data to manipulating brain activity. At present, data protection law, the regulation of medical devices, and the new rules on the sale of goods with digital elements all govern aspects of cybersecurity. There are, nevertheless, significant gaps. The article analyzes how the legal system currently addresses the risks of cyberattacks on brain-computer interfaces-and how policymakers could address such risks in the future.
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Affiliation(s)
- Mario Martini
- Deutsche Universität für Verwaltungswissenschaften (DUV), Speyer, Deutschland
- Deutsches Forschungsinstitut für öffentliche Verwaltung (FÖV), Speyer, Deutschland
| | - Carolin Kemper
- Deutsches Forschungsinstitut für öffentliche Verwaltung (FÖV), Speyer, Deutschland
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Can fMRI discriminate between deception and false memory? A meta-analytic comparison between deception and false memory studies. Neurosci Biobehav Rev 2019; 104:43-55. [DOI: 10.1016/j.neubiorev.2019.06.027] [Citation(s) in RCA: 17] [Impact Index Per Article: 3.4] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 03/01/2019] [Revised: 05/14/2019] [Accepted: 06/20/2019] [Indexed: 12/28/2022]
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Kraft CJ, Giordano J. Integrating Brain Science and Law: Neuroscientific Evidence and Legal Perspectives on Protecting Individual Liberties. Front Neurosci 2017; 11:621. [PMID: 29167633 PMCID: PMC5682320 DOI: 10.3389/fnins.2017.00621] [Citation(s) in RCA: 5] [Impact Index Per Article: 0.7] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 09/29/2017] [Accepted: 10/24/2017] [Indexed: 12/02/2022] Open
Abstract
Advances in neuroscientific techniques have found increasingly broader applications, including in legal neuroscience (or “neurolaw”), where experts in the brain sciences are called to testify in the courtroom. But does the incursion of neuroscience into the legal sphere constitute a threat to individual liberties? And what legal protections are there against such threats? In this paper, we outline individual rights as they interact with neuroscientific methods. We then proceed to examine the current uses of neuroscientific evidence, and ultimately determine whether the rights of the individual are endangered by such approaches. Based on our analysis, we conclude that while federal evidence rules constitute a substantial hurdle for the use of neuroscientific evidence, more ethical safeguards are needed to protect against future violations of fundamental rights. Finally, we assert that it will be increasingly imperative for the legal and neuroscientific communities to work together to better define the limits, capabilities, and intended direction of neuroscientific methods applicable for use in law.
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Affiliation(s)
- Calvin J Kraft
- Program of Liberal Studies, Neuroscience and Behavior, University of Notre Dame, Notre Dame, IN, United States.,Departments of Neurology and Biochemistry, Pellegrino Center for Clinical Bioethics, Georgetown University Medical Center, Washington, DC, United States
| | - James Giordano
- Departments of Neurology and Biochemistry, Pellegrino Center for Clinical Bioethics, Georgetown University Medical Center, Washington, DC, United States
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Moliné A, Gálvez-García G, Fernández-Gómez J, De la Fuente J, Iborra O, Tornay F, Mata Martín JL, Puertollano M, Gómez Milán E. The Pinocchio effect and the Cold Stress Test: Lies and thermography. Psychophysiology 2017; 54:1621-1631. [PMID: 28714186 DOI: 10.1111/psyp.12956] [Citation(s) in RCA: 5] [Impact Index Per Article: 0.7] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 10/05/2016] [Revised: 04/30/2017] [Accepted: 06/08/2017] [Indexed: 11/27/2022]
Abstract
We applied the use of thermography to cognitive neuropsychology, particularly as an objective marker of subjective experiences, in the context of lying. We conducted three experiments: (a) An important lie was invented by the participants in 3 min, and it was recounted by phone to a significant person while they were recorded by the thermographic camera, obtaining a face and hands map of the lie. (b) A similar methodology was carried out, but adding the Cold Stress Test (CST) of the dominant hand during the phone call, obtaining a second physiologic marker (the percentage of thermal recovery) to detect the lie. Further, it established a control condition where it generated anxiety in the participants using IAPS images with negative valence and high arousal, which were described by phone to a loved one. We obtained results that showed significant correlations between changes in body temperature and mental set. Of particular interest was the temperature of the nose and hand, which tended to decrease during lying (Experiment 1). The participants also showed a lower recovery of the temperature after the CST when they were lying (Experiment 2). (c) Experiment 3 is a replication of Experiment 2 but with a different type of lie (a more ecological task) in a different scenario (following the ACID interview, with the use of the phone eliminated and participants motivated to lie well). The main pattern of results was replicated. We obtained an accuracy of 85% in detection of deception with 25% of false alarms.
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Affiliation(s)
- A Moliné
- Mind, Brain, and Behavior Research Center (CIMCYC), University of Granada, Campus de la Cartuja, Granada, Spain
| | - G Gálvez-García
- Department of Psychology, Universidad de La Frontera, Temuco, Chile
| | - J Fernández-Gómez
- Mind, Brain, and Behavior Research Center (CIMCYC), University of Granada, Campus de la Cartuja, Granada, Spain
| | - J De la Fuente
- Mind, Brain, and Behavior Research Center (CIMCYC), University of Granada, Campus de la Cartuja, Granada, Spain
| | - O Iborra
- Mind, Brain, and Behavior Research Center (CIMCYC), University of Granada, Campus de la Cartuja, Granada, Spain
| | - F Tornay
- Mind, Brain, and Behavior Research Center (CIMCYC), University of Granada, Campus de la Cartuja, Granada, Spain
| | - J L Mata Martín
- Mind, Brain, and Behavior Research Center (CIMCYC), University of Granada, Campus de la Cartuja, Granada, Spain
| | - M Puertollano
- Mind, Brain, and Behavior Research Center (CIMCYC), University of Granada, Campus de la Cartuja, Granada, Spain
| | - E Gómez Milán
- Mind, Brain, and Behavior Research Center (CIMCYC), University of Granada, Campus de la Cartuja, Granada, Spain
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Abstract
Honesty plays a key role in social and economic interactions and is crucial for societal functioning. However, breaches of honesty are pervasive and cause significant societal and economic problems that can affect entire nations. Despite its importance, remarkably little is known about the neurobiological mechanisms supporting honest behavior. We demonstrate that honesty can be increased in humans with transcranial direct current stimulation (tDCS) over the right dorsolateral prefrontal cortex. Participants (n = 145) completed a die-rolling task where they could misreport their outcomes to increase their earnings, thereby pitting honest behavior against personal financial gain. Cheating was substantial in a control condition but decreased dramatically when neural excitability was enhanced with tDCS. This increase in honesty could not be explained by changes in material self-interest or moral beliefs and was dissociated from participants' impulsivity, willingness to take risks, and mood. A follow-up experiment (n = 156) showed that tDCS only reduced cheating when dishonest behavior benefited the participants themselves rather than another person, suggesting that the stimulated neural process specifically resolves conflicts between honesty and material self-interest. Our results demonstrate that honesty can be strengthened by noninvasive interventions and concur with theories proposing that the human brain has evolved mechanisms dedicated to control complex social behaviors.
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Abstract
The dual-use problem is an ethical quandary sometimes faced by scientists and others in a position to influence the creation or dissemination of scientific knowledge. It arises when (i) an agent is considering whether to pursue some project likely to result in the creation or dissemination of scientific knowledge, (ii) that knowledge could be used in both morally desirable and morally undesirable ways, and (iii) the risk of undesirable use is sufficiently high that it is not clear that the agent may permissibly pursue the project or policy. Agents said to be faced with dual-use problems have frequently responded by appealing to a view that I call scientific isolationism. This is, roughly, the view that scientific decisions may be made without morally appraising the likely uses of the scientific knowledge whose production or dissemination is at stake. I consider whether scientific isolationism can be justified in a form that would indeed provide a way out of dual-use problems. I first argue for a presumption against a strong form of isolationism, and then examine four arguments that might be thought to override this presumption. The most promising of these arguments appeals to the idea of a division of moral labour, but I argue that even this argument can sustain at most a highly attenuated form of scientific isolationism and that this variant of isolationism has little practical import for discussions of the dual-use problem.
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Fitzgerald D, Littlefield MM, Knudsen KJ, Tonks J, Dietz MJ. Ambivalence, equivocation and the politics of experimental knowledge: a transdisciplinary neuroscience encounter. SOCIAL STUDIES OF SCIENCE 2014; 44:701-721. [PMID: 25362830 DOI: 10.1177/0306312714531473] [Citation(s) in RCA: 8] [Impact Index Per Article: 0.8] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/04/2023]
Abstract
This article is about a transdisciplinary project between the social, human and life sciences, and the felt experiences of the researchers involved. 'Transdisciplinary' and 'interdisciplinary' research-modes have been the subject of much attention lately--especially as they cross boundaries between the social/humanistic and natural sciences. However, there has been less attention, from within science and technology studies, to what it is actually like to participate in such a research-space. This article contributes to that literature through an empirical reflection on the progress of one collaborative and transdisciplinary project: a novel experiment in neuroscientific lie detection, entangling science and technology studies, literary studies, sociology, anthropology, clinical psychology and cognitive neuroscience. Its central argument is twofold: (1) that, in addition to ideal-type tropes of transdisciplinary conciliation or integration, such projects may also be organized around some more subterranean logics of ambivalence, reserve and critique; (2) that an account of the mundane ressentiment of collaboration allows for a more careful attention to the awkward forms of 'experimental politics' that may flow through, and indeed propel, collaborative work more broadly. Building on these claims, the article concludes with a suggestion that such subterranean logics may be indissociable from some forms of collaboration, and it proposes an ethic of 'equivocal speech' as a way to live with and through these kinds of transdisciplinary experiences.
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Abstract
Abstract:As Colin Allen has argued, discussions between science and ethics about the mentality and moral status of nonhuman animals often stall on account of the fact that the properties that ethics presents as evidence of animal mentality and moral status, namely consciousness and sentience, are not observable “scientifically respectable” properties. In order to further discussion between science and ethics, it seems, therefore, that we need to identify properties that would satisfy both domains.In this article I examine the mentality and moral status of nonhuman animals from the perspective of neuroethics. By adopting this perspective, we can see how advances in neuroimaging regarding (1) research into the neurobiology of pain, (2) “brain reading,” and (3) the minimally conscious state may enable us to identify properties that help bridge the gap between science and ethics, and hence help further the debate about the mentality and moral status of nonhuman animals.
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Hoogland E, Patten I, Berghmans S. The human brain-from cells to society. Front Hum Neurosci 2013; 7:359. [PMID: 23966920 PMCID: PMC3735990 DOI: 10.3389/fnhum.2013.00359] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 11/27/2012] [Accepted: 06/22/2013] [Indexed: 11/13/2022] Open
Abstract
In December 2011, the European Science Foundation (ESF) brought together experts from a wide range of disciplines to discuss the issues that will influence the development of a healthier, more brain-aware European society. This perspective summarizes the main outcomes of that discussion and highlights important considerations to support improved mental health in Europe, including: The development of integrated neuropsychotherapeutic approaches to the treatment of psychiatric disorders.The development of more valid disease models for research into psychiatric disorders.An improved understanding of the relationship between biology and environment, particularly in relation to developmental plasticity and emerging pathology.More comparative studies to explore how scientific concepts relating to the human brain are received and understood in different sociocultural contexts.Research into the legal and ethical implications of recent developments in the brain sciences, including behavioral screening and manipulation, and emerging neurotechnologies. The broad geographical spread of the consulted experts across the whole of Europe, along with the wide range of disciplines they represent, gives these conclusions a strong scientific and pan-European endorsement. The next step will be to look closely into these five selected topics, in terms of research strategy, science policy, societal implications, and legal and ethical frameworks.
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Affiliation(s)
- Eva Hoogland
- Humanities and Social Sciences Unit, European Science FoundationStrasbourg, France
| | - Iain Patten
- Scientific Writing ConsultantValencia, Spain
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The brain, the science and the media. The legal, corporate, social and security implications of neuroimaging and the impact of media coverage. EMBO Rep 2011; 12:630-6. [PMID: 21681202 DOI: 10.1038/embor.2011.115] [Citation(s) in RCA: 16] [Impact Index Per Article: 1.2] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 12/06/2010] [Accepted: 05/26/2011] [Indexed: 11/08/2022] Open
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