Protecting Neural Data Privacy—First, Do No Harm

Overview

Authors: Sean Pauzauskie (MD), Jared Genser (JD), Rafael Yuste (MD) (PhD)

Publication Date: 2 December 2024

Link: https://jamanetwork.com/journals/jamaneurology/article-abstract/2827460

Keywords: BRAIN initiative, neurotechnologies, neural data collection, Meta, Apple, Neuralink, unregulated technologies, ethical concerns

Type: Peer-Reviewed Journals/White Papers

Summary

Jumpstarted by the U.S. BRAIN Initiative, launched by President Barack Obama in 2013, advancements in neurotechnologies—methods to monitor or alter the activity of the nervous system—have rapidly outpaced regulatory governance at all levels. Over just the past two years, breakthroughs include technologies capable of enhancing working and long-term memory, decoding high-resolution mental imagery from functional magnetic resonance imaging (fMRI) data, and reconstructing internal language from noninvasive brain recordings. Simultaneously, consumer neurotechnology devices have proliferated, with approximately 30 currently on the market. These devices collect neural data and promise to enhance cognition, improve sleep, deepen meditative states, and balance mood, among other applications. Additionally, major companies like Meta, Apple, Snap, and Neuralink have patented or are actively developing wearable neurotechnologies poised to enter the market at unprecedented global scales. While these developments hold transformative potential, our primary concerns center on the latter two categories: consumer devices and large-scale wearable neurotechnologies. Both remain largely unregulated, raising significant ethical, legal, and social questions about their use and impact.