About The Workshop
SW 98- Neurotechnologies and Predictive Policing: How BCI Systems Challenge the Foundations of Legal Philosophy?
Convenor: Nursena Cetingul
Contact: ncetingul@protonmail.com
The introduction of artificial intelligence into the field of neuroscience in recent years has been revolutionary. Today, it is possible to control electronic devices simply by thinking or to support certain cognitive processes. Neurotechnologies, known as brain-computer interfaces, have a wide range of medical applications, from helping patients with paralysis to improving the quality of life for individuals with autism. Their commercial use in the entertainment industry is also expected in the near future. Could these mind-reading technologies pose a challenging test for the legal system?
Furthermore, the massive circulation of neural data monopolized by global corporations and states goes beyond a mere violation of mental privacy. It paves the way for individuals holding thoughts that do not align with dominant interests to be subjected to discriminatory treatment and asymmetrical criminalization. This situation carries the potential to establish “thought crimes” akin to those in Orwell’s 1984 dystopia. The fundamental aspect that renders a human being morally commendable is the ability to choose the good of their own volition among various alternatives. In an order where the most intimate mental processes are surveilled and adjudicated by global algorithms, humanity’s ontological privilege and freedom of choice face the danger of eradication.
This work first examines the operating principles of neurotechnologies, their current state, and the level they are expected to reach in the near future. It then highlights the views of experts developing this technology and pioneering initiatives such as the constitutional protection of neuro-rights in Chile. To avoid falling behind in the face of this rapidly advancing technology, it is argued that legal awareness can only be achieved through serious, interdisciplinary discussions initiated today. In this process, it is hoped that legal professionals will guide science by always prioritizing human dignity and the fundamental values of law while encouraging scientific research.
Building upon these premises, this work aims to address these emerging threats on a legal and philosophical plane, critically examining the impact of BCI technologies on criminal liability, cognitive liberty, and moral agency.
