Though the technology like this is still relatively nascent, neural rights activists and cornered lawmakers want to be ready for when it is more widespread. Critics warn companies may already possess the ability to “decode” consumers’ data presented in brain scans and translate that into written text.
That decoded data can reveal highly sensitive details about an individual’s mental and physical wellness or their cognitive states. Researchers have already shown they can use AI models to read the brain data of patients watching videos and roughly reproduce the scenes those patients saw. This decoding process could become far easier, and more accurate, with the deployment of ever more powerful generative AI models.
There’s also little preventing current neurotechnology companies from misusing or selling that data to the highest bidder. All but one (96%) of the neurotechnology companies analyzed in a recent report by the Neurorights Foundation appear to have had access to consumers’ neural data, which can include signals from an individual’s brain or spine. The Foundation claims those companies provide meaningful limitations to neural data access. More than half (66.7%) of the companies explicitly mention sharing consumer’s data with third parties.
A first-of-its kind US law passed in Colorado this week could shift that dynamic by offering stricter, consumer-f
