law

Regulating The Untapped Trove Of Brain Data

Written by Stephen Rainey and Christoph Bublitz

Increasing use of brain data, either from research contexts, medical device use, or in the growing consumer brain-tech sector raises privacy concerns. Some already call for international regulation, especially as consumer neurotech is about to enter the market more widely. In this post, we wish to look at the regulation of brain data under the GDPR and suggest a modified understanding to provide better protection of such data.

In medicine, the use of brain-reading devices is increasing, e.g. Brain-Computer-Interfaces that afford communication, control of neural or motor prostheses. But there is also a range of non-medical applications devices in development, for applications from gaming to the workplace.

Currently marketed ones, e.g. by Emotiv, Neurosky, are not yet widespread, which might be owing to a lack of apps or issues with ease of use, or perhaps just a lack of perceived need. However, various tech companies have announced their entrance to the field, and have invested significant sums. Kernel, a three year old multi-million dollar company based in Los Angeles, wants to ‘hack the human brain’. More recently, they are joined by Facebook, who want to develop a means of controlling devices directly with data derived from the brain (to be developed by their not-at-all-sinister sounding ‘Building 8’ group). Meanwhile, Elon Musk’s ‘Neuralink’ is a venture which aims to ‘merge the brain with AI’ by means of a ‘wizard hat for the brain’. Whatever that means, it’s likely to be based in recording and stimulating the brain.

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Oxford Uehiro Prize in Practical Ethics: Do Jurors Have a Moral Obligation to Avoid Deadlock?

This essay was the runner up in the undergraduate category of the 5th Annual Oxford Uehiro Prize in Practical Ethics

Written by University of Oxford student Angelo Ryu

1. Introduction

Many legal systems have juries decide cases of an especially grave nature. Because a jury consists of a group of individual jurors, they need a decision-making procedure before it may act. One such procedure is a voting rule: most require either unanimity or supermajority to deliver a verdict. An inability to do so results in a mistrial.

Mistrials are often treated as a sort of failure which ought to be avoided. To that end judges sometimes intervene if deadlock seems likely. In England there is the Watson direction, which refers to a collective obligation to return a verdict. The United States has the Allen charge, which informs jurors of a duty to agree upon a verdict, if possible.

These instructions are often criticised as an impermissible judicial intervention infringing on jury autonomy. At best they are treated as a sort of necessary evil, which must only be used in extraordinary cases. But I argue there is nothing objectionable about such instructions because they simply track the obligations already held by jurors. They serve an important function in informing jurors of their moral position. There may indeed be an imperative for legal systems without such recourse to implement one, as jurors may not always know the duties incumbent upon them in the exercise of their authority. But all this presumes that jurors face an obligation which mirrors these jury instructions. The aim of this essay is to defend that claim. Continue reading

UK Supreme Court Decision Means Patients No Longer Forced to Live

By Mackenzie Graham

On July 30, The UK’s Supreme Court ruled that there is no requirement to obtain court approval before withdrawing clinically assisted nutrition and hydration (CANH), when there is agreement between physicians and the family that this is in the best interests of the patient.

In the judgement, Lady Black writes:

“If the provisions of the MCA [Mental Capacity Act] 2005 are followed and the relevant guidance observed, and if there is agreement upon what is in the best interests of the patient, the patient may be treated in accordance with that agreement without application to the court.”

Until now, requests to withdraw CANH needed to be heard by the Court of Protection to determine if withdrawing treatment was in the patient’s best interest. In addition to being emotionally difficult for families, this is a time-consuming and expensive process, and often results in the patient dying before a judgement is rendered.

I think this decision has much to be said in its favour. First, it means that when there is agreement that continued treatment is no longer in the best interests of a patient with a prolonged disorder of consciousness, these patients are no longer being ‘forced to live’ until the Court affirms that being allowed to die is in their best interests. In many cases, court decisions take months, meaning that a patient is forced to be kept alive, against their best interests and the wishes of their family. Making the decision to withdraw care from a loved one is highly distressing, and this is likely further compounded by the burden and distraction of court proceedings.

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If You Had to Choose, Would You Say Chimpanzees Are Persons or Things?

In everyday speech, the term ‘person’ often means roughly the same thing as ‘human,’ which in turn refers to someone who belongs to the species Homo sapiens. However, in practical ethics and in philosophy more broadly, the term ‘person’ has a much more rich, and more complicated, history.  Continue reading

Guest Post: The Real Problem With Human Head Transplantation

Written by Michael S. Dauber, MA

In 2015, Sergio Canavero announced that he would perform a therapeutic head transplant procedure on a human subject by December 2017. Since then, he has recruited the assistance of surgeon Xiaoping Ren and switched from Valery Spiridonov to an anonymous Chinese patient whose medical condition remains undisclosed. The procedure, which consists of removing the patient’s head and attaching it to a decapitated donor body, is expected to be carried out in China, will cost tens of millions of dollars, and will require dozens of surgeons. The procedure returned to international attention this week when Canavero announced he had successfully performed the procedure on a human cadaver, and said that the announcement of an official procedure date was “immanent.” Continue reading

Vaccine Refusal Is Like Tax Evasion

Written by Alberto Giubilini: 

Oxford Martin School and Wellcome Centre for Ethics and the Humanities, University of Oxford

 

Vaccination has received a lot of media attention over the past few months following recent measles outbreaks and the introduction of rigid vaccination policies in some countries. Amid this discussion, a rather strange story hit the headlines a few weeks ago. According to reports, a woman in Michigan was sentenced to 7 days in jail because she refused to vaccinate her child, adducing personal religious reasons. Newspapers reported the story with somewhat misleading – though factually correct – titles, such as “Michigan mother jailed for refusing to vaccinate her son” or “Michigan mother sent to prison for failing to vaccinate her son.” Continue reading

Cross Post: Italy has introduced mandatory vaccinations – other countries should follow its lead

Written by Alberto Giubilini

This article was originally published on The Conversation 

In the first four months of this year, around 1,500 cases of measles were reported in Italy. As a response to the outbreak, the Italian government introduced a law making 12 vaccinations mandatory for preschool and school-age children.

Parents will have to provide proof of vaccination when they enroll their children in nursery or preschool. In this respect, the Italian policy follows the example of vaccination policies in the US. But there’s one crucial difference: the Italian law doesn’t allow parents to opt out on the grounds of “conscientious objection”. Continue reading

The Ethics of Regulation

The New York Times just ran a fairly lengthy article that reported the use of psilocybin, a hallucinogenic drug, in a controlled experiment aimed at reducing anxiety and depression in cancer patients. (http://www.nytimes.com/2016/12/01/health/hallucinogenic-mushrooms-psilocybin-cancer-anxiety-depression.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news)

A few days earlier the New York Times ran a story on trials using MDMA (i.e., ecstasy) to treat post traumatic stress disorder. (http://www.nytimes.com/2016/11/29/us/ptsd-mdma-ecstasy.html)

Why are these stories news? Continue reading

Cross Post: Solomon’s frozen judgement

Written by Anders Sandberg

This post was originally published on Andert II

A girl dying of cancer wanted to use cryonic preservation to have a chance at being revived in the future. While supported by her mother the father disagreed; in a recent high court ruling, the judge found that she could be cryopreserved.

As the judge noted, the verdict was not a statement on the validity of cryonics itself, but about how to make decisions about prospective orders. In many ways the case would presumably have gone the same way if there had been a disagreement about whether the daughter could have catholic last rites. However, cryonics makes things fresh and exciting (I have been in the media all day thanks to this).

What is the ethics of parents disagreeing about the cryosuspension of their child? Continue reading

Carissa Véliz on how our privacy is threatened when we use smartphones, computers, and the internet.

Smartphones are like spies in our pocket; we should cover the camera and microphone of our laptops; it is difficult to opt out of services like Facebook that track us on the internet; IMSI-catchers can ‘vacuum’ data from our smartphones; data brokers may  sell our internet profile to criminals and/or future employees; and yes, we should protect people’s privacy even if they don’t care about it. Carissa Véliz (University of Oxford) warns us: we should act now before it is too late. Privacy damages accumulate, and, in many cases, are irreversible. We urgently need more regulations to protect our privacy.

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