Clinical Neurotechnology meets Artificial Intelligence: Philosophical, Ethical, Legal and Social Implications (Advances in Neuroethics)

Neurotechnologies such as brain-computer interfaces (BCIs), which allow technical devices to be used with the power of thought or concentration alone, are no longer a futuristic dream or, depending on the viewpoint, a nightmare. Moreover, the combination of neurotechnologies and AI raises a host of pressing problems. Now that these technologies are about to leave the laboratory and enter the real world, these problems and implications can and should be scrutinized.This volume brings together scholars from a wide range of academic disciplines such as philosophy, law, the social sciences and neurosciences, and is unique in terms of both its focus and its methods. The latter vary considerably, and range from philosophical analysis and phenomenologically inspired descriptions to legal analysis and socio-empirical research. This diversified approach allows the book to explore the entire spectrum of philosophical, normative, legal and empirical dimensions of intelligent neurotechnologies. Philosophical and legal analyses of normative problems are complemented by a thorough empirical assessment of how BCIs and other forms of neurotechnology are being implemented, and what their measurable implications are. To take a closer look at specific neurotechnologies, a number of applications are addressed. Case studies, previously unidentified issues, and normative insights on these cases complement the rich portrait this volume provides. Clinicians, philosophers, lawyers, social scientists and engineers will greatly benefit from the collection of articles compiled in this book, which will likely become a standard reference work on the philosophy of intelligent neurotechnologies. Preface 6 Contents 8 Contributors 10 1: Introduction: Ethical Issues of Neurotechnologies and Artificial Intelligence 12 1.1 Neurotechnology + Artificial Intelligence = Intelligent Neurotechnologies (INT) 12 1.2 Novel Philosophical, Ethical, Legal, and Sociological Approaches to INT: An Overview 14 References 18 2: Actions, Agents, and Interfaces 21 2.1 Introduction 22 2.2 BCIs and the Decoding of Movement Intention 24 2.3 Basic and Non-basic Actions 25 2.4 Action, Belief, and Reliability 27 2.5 Action, BCIs, and Identification 31 2.6 Conclusion 32 References 32 3: Skilled Action and the Ethics of Brain-Computer Interfaces 34 3.1 Introduction 35 3.2 Do BCI Actions Differ from Ordinary Actions? 36 3.2.1 How Does Acting with a BCI Work? 36 3.2.2 What Is Peculiar About BCIs? 38 3.3 Is Acting with a BCI a Skill Users Can Acquire? 39 3.3.1 What Is Skilled Acting? 39 3.3.2 Learning Effects and BCI Skills 40 3.3.3 Skilled Acting in Action Theory 42 3.4 The Normative Implications of Skilled BCI Use 43 3.5 Conclusion 44 References 44 4: Augmenting Autonomy Through Neurotechnological Intervention à la Kant: Paradox or Possibility? 47 4.1 Introduction: The Basis for Augmenting Autonomy Through Brain-Computer Interfacing 48 4.2 Instrumental Autonomy and Moral Autonomy 50 4.3 Advancing from the Enhancement of Instrumental to Moral Autonomy in a Naturalistic Framework 53 4.4 Escaping the Paradox: Extending the Notion of Self-Legislation 54 4.5 Conclusion 60 References 61 5: Can BCIs Enlighten the Concept of Agency? A Plea for an Experimental Philosophy of Neurotechnology 63 5.1 Introduction 64 5.2 Neuroadaptation and Symbiotic Technology 64 5.3 Sense of Agency 66 5.4 Experimental Philosophy 68 5.5 Me and My Subconscious Brain States in Action 69 5.6 Conclusion: A Call for ST-Based Experimental Philosophy 73 References 73 6: Brain-Computer Interfaces: Current and Future Investigations in the Philosophy and Politics of Neurotechnology 77 6.1 Introduction 78 6.2 BCIs: Technology and Applications 78 6.3 Ethical, Social, and Legal Implications of BCIs: State of the Art 80 6.3.1 Generic Issues 80 6.3.2 Results from Conceptual Research from the Project INTERFACES 81 6.4 A Look Ahead: Focusing on Procedures in the Ethics of BCIs 84 6.5 Conclusion 86 References 86 7: Pragmatism for a Digital Society: The (In)significance of Artificial Intelligence and Neural Technology 89 7.1 Introduction: Waves of Technology (Ethics) 90 7.2 The Digital Society Is Here, Again: Parallel Trends in Academia and in Society 92 7.2.1 Neural Technologies 93 7.2.2 Artificial Intelligence and Machine Learning 94 7.3 Two Wrong Answers: Significance-as-Consensus and Reduction to Hype 97 7.4 Significant Technologies? Insights from STS and Pragmatism 97 7.4.1 Economies of Promising: Transactions and Vanguard Visions 98 7.4.2 Emerging Publics and Their Problems 100 7.5 Significance and Our Responsibility as Researchers 101 7.6 Conclusion 103 References 104 8: Brain-Computer Interface Use as Materialized Crisis Management 109 8.1 Background 110 8.2 Sociology of Brain-Computer Interfaces 110 8.3 Methods 112 8.4 BCI Use as Materialized Crisis Management 113 8.4.1 What Is a Crisis? 113 8.4.2 BCI Training as Repetitive Action Crisis 114 8.4.2.1 Traumatic Crises 114 8.4.2.2 Crises of Decision-Making 114 8.4.2.3 Crises of Leisure 116 8.4.2.4 Traumatic Crises 2.0 116 8.4.2.5 Mini Crises 118 8.4.3 Routinizing BCI Use 120 8.4.4 Recommendations for Future BCI Development 122 8.5 Conclusion 123 References 123 9: The Power of Thoughts: A Qualitative Interview Study with Healthy Users of Brain-Computer Interfaces 125 9.1 Introduction 126 9.2 Methods 127 9.2.1 Study Design 127 9.2.2 Recruitment and Sample 127 9.2.3 Data Collection and Analysis 127 9.3 Results 128 9.3.1 BCIs from a Healthy User Perspective 129 9.3.2 Ethical Evaluation of BCIs 130 9.3.3 Expectations and Fears Towards BCIs for Healthy Users 130 9.4 Discussion 131 References 132 10: Diffusion on Both Ends: Legal Protection and Criminalisation in Neurotechnological Uncertainty 135 10.1 Introduction 136 10.2 Problem Analysis 136 10.3 Legal Protection by Criminalisation 138 10.3.1 Protecting Patients 138 10.3.2 Diffusions 142 10.3.3 Some Reflections on Future Debates 144 References 145 11: Data and Consent Issues with Neural Recording Devices 148 11.1 Questions and Scope 149 11.2 How Neurotechnologies Work 150 11.3 Neural-Signal Recording 151 11.4 The GDPR 152 11.5 Is Brain Data Personal Data? 152 11.6 Is Personal Data Processed in Neurotechnological Devices? 153 11.7 Recording Brain Signals and the GDPR 155 11.8 Consent 157 11.9 Conclusion 159 References 159 12: Ethical Implications of Brain-Computer Interface and Artificial Intelligence in Medicine and Health Care 162 12.1 Introduction 163 12.2 The Importance of Neuropsychiatric Disorders for the Development of Health Care Technology 163 12.3 Ethical Implications of Medical Research Using Brain-Computer Interface 165 12.4 Clinical Use of Artificial Intelligence: Ethical and Anthropological Implications 170 References 173 13: Practical, Conceptual and Ethical Dimensions of a Neuro-controlled Speech Neuroprosthesis 176 13.1 Introduction 177 13.2 Neuro-controlled Technology 178 13.3 Neural-Signal Driven Speech Devices 180 13.4 Risk Factors with Intracortical Probes 181 13.5 Processing Brain Signals for Speech 182 13.6 Control over Synthetic Speech 184 References 186 14: The Emperor’s New Clothes? Transparency and Trust in Machine Learning for Clinical Neuroscience 189 14.1 Introduction 190 14.2 Opportunities for Applied Machine Learning in Clinical Neuroscience 191 14.3 The Ideal of Transparency 193 14.4 Trust and Trustworthiness 194 14.5 The Paradox Relation of Trust and Transparency 196 14.6 Trust and Transparency of Applied ML for Neuroimaging 198 References 200 15: The Security and Military Implications of Neurotechnology and Artificial Intelligence 203 15.1 Introduction 204 15.2 The Security Implications of Artificial Intelligence 205 15.3 Data Bias and Accountability 207 15.4 Manipulations 208 15.5 Social Control and Discrimination 208 15.6 Military Applications of AI 209 15.7 Security Implications of Democratization of Access 210 15.8 The Security Implications of Neurotechnology 211 15.9 Data Bias, Agency and Accountability 213 15.10 Manipulations 213 15.11 Social Control and Discrimination 214 15.12 Military Applications of Neurotechnology 215 15.13 Security Implications of Democratization of Access 216 15.14 Conclusion 216 References 217 16: Connecting Brain and Machine: The Mind Is the Next Frontier 221 16.1 The Rise of Artificial Intelligence: Technologies for the Interaction Between Human and Machine 222 16.2 Embodied and Situated Minds: How We Use, Act and Think with Technology 223 16.3 Connecting Brain and Machine: Brain-Computer Interfaces 223 16.4 Measurement Technologies and Applications of Brain-Computer Interfaces 224 16.5 Neuroadaptive Technology and Its Potential for Future Human-Computer Interaction Applications 225 References 228 Neurotechnologies such as brain-computer interfaces (BCIs), which allow technical devices to be used with the power of thought or concentration alone, are no longer a futuristic dream or, depending on the viewpoint, a nightmare. Moreover, the combination of neurotechnologies and AI raises a host of pressing problems. Now that these technologies are about to leave the laboratory and enter the real world, these problems and implications can and should be scrutinized. This volume brings together scholars from a wide range of academic disciplines such as philosophy, law, the social sciences and neurosciences, and is unique in terms of both its focus and its methods. The latter vary considerably, and range from philosophical analysis and phenomenologically inspired descriptions to legal analysis and socio-empirical research. This diversified approach allows the book to explore the entire spectrum of philosophical, normative, legal and empirical dimensions of intelligent neurotechnologies. Philosophical and legal analyses of normative problems are complemented by a thorough empirical assessment of how BCIs and other forms of neurotechnology are being implemented, and what their measurable implications are. To take a closer look at specific neurotechnologies, a number of applications are addressed. Case studies, previously unidentified issues, and normative insights on these cases complement the rich portrait this volume provides. Clinicians, philosophers, lawyers, social scientists and engineers will greatly benefit from the collection of articles compiled in this book, which will likely become a standard reference work on the philosophy of intelligent neurotechnologies.