The Power of Thought: How to Protect Your Neural Data?
Brain-computer interfaces that can recognize and process brain impulses have transitioned from science fiction to reality. These technologies allow individuals to control devices with their thoughts and provide brain stimulation through sensory feedback. Legislators in some countries are now examining how to safeguard users' thoughts.
In 2024, amendments to the Colorado Consumer Protection Act broadened the definition of “confidential data” to include biological data, such as genetic, biochemical, physiological, and neural indicators.
Brain-computer interfaces like Neuralink, Onward Medical, Synchron, and Paradromics represent the forefront of this technology. These devices are collectively aimed at enhancing the lives of people with disabilities through surgical brain implants.
With these technologies, patients can issue mental commands to control computers and gadgets, compose text messages, and achieve fine motor skills with artificial limbs, among other capabilities. Development of such implants began in the last century, but a significant breakthrough came when the technology was integrated with AI, allowing for the processing and interpretation of vast arrays of brain impulses into actionable commands.
It's important to note that all these innovations are classified as medical devices, whose application is stringently regulated. Everything from the design and approval processes to the initial clinical trials (and particularly commercial use) is governed by strict medical protocols. Additionally, patient data, which naturally includes information about their brain impulses, is protected under doctor-patient confidentiality.
As it stands, the use of these implants does not necessitate further restrictions. In this context, the new law enacted in Colorado represents a pioneering effort to regulate a rapidly expanding segment of devices that do not require medical procedures and are available on the open market.
Prominent tech companies are marketing wearable gadgets that monitor various biological signals, including neural data (such as brain waves). These products range from familiar fitness bands and deep sleep optimization masks to headbands aimed at improving focus and specialized headsets with feedback mechanisms. Some of these devices go beyond merely reading data; they actively influence brain activity using small electrodes.
This situation somewhat mirrors the operation of a polygraph (a lie detector test), which is used to verify the accuracy of information provided by suspects. Sensors attached to the body and head measure various parameters such as breathing, heartbeat, skin conductivity, perspiration, temperature, and voice tone. Any deviations from baseline values are analyzed by polygraph examiners to detect potential false responses.
However, a significant issue with polygraphs is the high rate of false positives, meaning the inability of examiners to definitively interpret detected reactions. Consequently, in many jurisdictions, polygraphs are either entirely banned from criminal investigations or their results are not admissible as evidence in court.
In contrast to polygraphs, wearable gadgets are not standalone; they function in conjunction with corresponding mobile apps that relay information to company servers. It goes without saying that this data flow is processed and analyzed by AI platforms.
We have entered the world of sci-fi here. As with any advances in science, there must be guardrailsstated Colorado State Representative Cathy Kipp.
In July 2024, Apple tried to patent the integration of brain-computer interfaces in their AirPods and Vision Pro headsets. The earbuds would include electrodes that monitor brain activity, skin electrical activity, and blood circulation. Given that the patent application also mentions electrooculography, which analyzes eye muscle behavior and the external layer of the retina, it's reasonable to assume that this technology will be employed in Vision Pro as well.
Apple asserts that this data will help the company better understand user preferences by correlating it with users' internet activity, advertisements viewed, and social media profiles—all analyzed by AI.
Dr. Sean Pauzauskie, medical director at The NeuroRights Foundation, pointed out that devices utilizing electroencephalography are part of a multi-billion dollar market with incredible growth potential.
“If you were wearing brain-sensing earbuds, not only would Nike know that you browsed for runners’ shoes from your browsing history, but could now know how interested you were as you browsedhe offered a hypothetical example.
This implies that information obtained from wearable devices could become another multi-billion dollar market. Human thoughts might potentially be commodified!
A study by The NeuroRights Foundation in April 2024 showed that a vast majority of companies producing wearable devices fail to provide adequate protection for collected data, making it susceptible to leaks. Experts highlight that the commercialization of data on consumer moods, potential hacking for profit, and insufficient legislative protections pose major risks.
The privacy law in Colorado regarding neurotechnology might stand as a rare exception, where rights and regulations precede any widespread misuse or abuse of consumer dataDr. Sean Pauzauskie noted.
If similar regulations become widespread, technology companies would need to incur additional costs to implement suitable security measures and restructure their organizational setups. They would also be required to fully disclose which specific data would be collected via the devices. However, entering such a promising new market could justify these costs.
