Protecting Privacy in Your Brain

The human brain might be the grandest computer of all, but in this episode, we talk to two experts who confirm that the ability for tech to decipher thoughts, and perhaps even manipulate them, isn't just around the corner – it's already here. Rapidly advancing "neurotechnology" could offer new ways for people with brain trauma or degenerative diseases to communicate, as the New York Times reported this month, but it also could open the door to abusing the privacy of the most personal data of all: our thoughts. Worse yet, it could allow manipulating how people perceive and process reality, as well as their responses to it – a Pandora’s box of epic proportions. 

(You can also find this episode on the Internet Archive and on YouTube.) 

Neuroscientist Rafael Yuste and human rights lawyer Jared Genser are awestruck by both the possibilities and the dangers of neurotechnology. Together they established The Neurorights Foundation, and now they join EFF’s Cindy Cohn and Jason Kelley to discuss how technology is advancing our understanding of what it means to be human, and the solid legal guardrails they're building to protect the privacy of the mind. 

In this episode you’ll learn about: 

• How to protect people’s mental privacy, agency, and identity while ensuring equal access to the positive aspects of brain augmentation 
• Why neurotechnology regulation needs to be grounded in international human rights 
• Navigating the complex differences between medical and consumer privacy laws 
• The risk that information collected by devices now on the market could be decoded into actual words within just a few years 
• Balancing beneficial innovation with the protection of people’s mental privacy 

Rafael Yuste is a professor of biological sciences and neuroscience, co-director of the Kavli Institute for Brain Science, and director of the NeuroTechnology Center at Columbia University. He led the group of researchers that first proposed the BRAIN (Brain Research through Advancing Innovative Neurotechnologies) Initiative launched in 2013 by the Obama Administration. 

Jared Genser is an international human rights lawyer who serves as managing director at Perseus Strategies, renowned for his successes in freeing political prisoners around the world. He’s also the Senior Tech Fellow at Harvard University’s Carr-Ryan Center for Human Right, and he is outside general counsel to The Neurorights Foundation, an international advocacy group he co-founded with Yuste that works to enshrine human rights as a crucial part of the development of neurotechnology.