12/29/21, 9:02 PM Spain will regulate neurotechnologies by law: why it is urgent | Business Insider Spain Subscribe Spain will follow the path of Chile and will regulate by law neurotechnologies that seek to cognitively extend the human being, such as those of Elon Musk: why it is urgent Alberto R. Aguiar Dec 22 2021 22: 15h. Elon Musk, owner of Neuralink, at an E3 2019 convention. REUTERS / Mike Blake https://www.businessinsider.es/espana-regulara-neurotecnologias-ley-urgente-983787?utm_source=Whatsapp&utm_medium=referral&utm_campaig… 1/11 12/29/21, 9:02 PM Spain will regulate neurotechnologies by law: why it is urgent | Business Insider Spain Chile is already finalizing the legislation that will regulate neurotechnologies: to acquire these devices, in many cases, a prescription will be required. Spain will follow in his footsteps and its Charter of Digital Rights provides laws that regulate devices not intended to heal brain diseases, but to expand human cognition. One of the world's leading experts in neurotechnology, Rafael Yuste, explains in this interview on Business Insider Spain why it is something urgent. Discover more stories at Business Insider Spain. The BRAIN Initiative is a project that the Obama Administration launched in 2013 with the ambition of mapping the entire brain. The ambition of its purpose is similar to the Human Genome Project that culminated in 2003. If its purpose were comparable, its financing of course is: about $ 4.5 billion in 15 years. Rafael Yuste, a Spaniard who researches at Columbia University (USA), is one of its promoters. Yuste himself detailed in a recent conversation with Business Insider Spain that since he began to investigate in this area, more than three decades ago, the ecosystem has changed a lot. At the wheel of the Citroën Ami, the sensation that is already on the streets: this is WOW! Offered by Citroën https://www.businessinsider.es/espana-regulara-neurotecnologias-ley-urgente-983787?utm_source=Whatsapp&utm_medium=referral&utm_campaig… 2/11 12/29/21, 9:02 PM Spain will regulate neurotechnologies by law: why it is urgent | Business Insider Spain He is still in charge of his laboratory, made up of about 18 people from different parts of the world (Israel, Japan, Spain, Mexico, Ukraine ...), only now there are thousands of more laboratories around the globe advancing in this discipline. Progress is such that Yuste himself emphasizes that it is now the private sector who is betting more on neurotechnology. It is enough to see how the plans of Neuralink, Elon Musk's company, go through starting to implant chips in human brains from 2022. Although Yuste himself stressed that the techniques of Musk's firm are not the most sophisticated that has been achieved in neurotechnology , the fact that these types of devices begin to be produced and marketed en masse is a risk. What exactly does science say about Elon Musk's strange plan to chip people's brains and create hybrids of humans with artificial intelligence? That is why Yuste himself is part of the Neurorights Foundation. This foundation of "neuro-rights" has promoted legislative processes in different parts of the world so that different states of the planet begin to legislate on the matter. Neuro rights, the integrity and the security of mental privacy are at stake. Article 19 of the current Chilean Constitution (although a constituent process is already underway to replace it) thus provides "the right to life and physical and mental integrity of the person." But now in the Chilean chambers a specific law is being processed "that already firmly defines what neurotechnology is, what are brain-computer interfaces and what are neural data, and which will regulate how https://www.businessinsider.es/espana-regulara-neurotecnologias-ley-urgente-983787?utm_source=Whatsapp&utm_medium=referral&utm_campaig… 3/11 12/29/21, 9:02 PM Spain will regulate neurotechnologies by law: why it is urgent | Business Insider Spain te aces a d w at a e eu a data, a d w c w egu ate ow neurotechnology can be deployed and used in Chile" Yuste explains. Neurotechnological devices with a prescription It is a standard that the medical model will apply to this technology. "By law, all neurotechnology will start from medicine, it will be applied to all devices, both invasive and non-invasive. In Chile this will be regulated by the Institute of Public Health, the equivalent of the Carlos III Institute in Spain." "This implies that all devices, for example the chips that Elon Musk wants to deploy with Neuralink, or non-invasive devices such as helmets or headbands, will have to register with that Institute. There the experts will decide for what purposes these devices can be used", keep going. It will be like selling a drug. Many medicines cannot be bought in the supermarket. "There will be benign neurotechnological products that can be purchased online, but others can only be purchased by prescription and with good justification because, why would you want one of these devices?" The ethical dilemmas are still present. While the scientific community has been working for decades in the development of these gadgets for medical purposes (to heal neurodegenerative diseases , for example), many private companies propose a future in which the cognition of human beings can be expanded by connecting the mind to intelligence models artificial. Spain will follow in Chile's footsteps In Spain there have also been advances in the matter. Yuste himself is part of the advisory committee of the Secretary of State for Digitalization and Artificial Intelligence directed by Carme Artigas, an office that depends on the Ministry of Economic Affairs and Digital Transformation. SEDIA launched i Di i l Ri h Ch hi https://www.businessinsider.es/espana-regulara-neurotecnologias-ley-urgente-983787?utm_source=Whatsapp&utm_medium=referral&utm_campaig… 4/11 12/29/21, 9:02 PM Spain will regulate neurotechnologies by law: why it is urgent | Business Insider Spain its Digital Rights Charter this year . However, this Letter aroused controversy. Critical voices regretted that they did not propose any legal concretion. Its own managers detailed in this medium that it was a roadmap. There were even members who contributed to its writing who ended up rejecting the final text. Beyond the controversy, Article 26 of this Charter also bears the signature of Yuste himself and, of course, deals with neurotechnology. Why does Spain want a Charter of Digital Rights: the debate between whether it is "propaganda" or whether it will be an effective roadmap for future regulations "The limit conditions and guarantees of implantation and employment in people of neurotechnologies may be regulated by law", he advances, with the purpose of "guaranteeing the control of each person over their own identity" and "guaranteeing individual self-determination, sovereignty and freedom in decision-making. " Likewise, the Charter of Digital Rights also provides that these guarantees will be addressed "to ensure the confidentiality and security of the data obtained or related to brain processes and full control and disposition over them" and to regulate "the use of interfaces. person-machine likely to affect physical or mental integrity ". The Charter is important because it anticipates many of the risks that the deployment of these neurotechnological systems could present, such as that "decisions and processes" based on it "are not conditioned by the supply of incomplete or biased data, programs or information" . It also provides "to guarantee the dignity of the person, equality and non- https://www.businessinsider.es/espana-regulara-neurotecnologias-ley-urgente-983787?utm_source=Whatsapp&utm_medium=referral&utm_campaig… 5/11 12/29/21, 9:02 PM Spain will regulate neurotechnologies by law: why it is urgent | Business Insider Spain t a so p ov des to gua a tee t e d g ty o t e pe so , equa ty a d o discrimination, in accordance with international treaties and conventions, where appropriate." "The law may regulate those assumptions and conditions of use of neurotechnologies that, beyond their therapeutic application, seek to increase cognitive or the stimulation or enhancement of people's capacities." Still no news The problem? "There have been no news," says Yuste. "It is a letter of intent and has no legal force," he recalls, although he congratulates the idea that the Government of Spain "got wet" and addressed neurotechnology from a "human rights" perspective. "The Spanish Government has gotten wet, but it is a letter that is very beautiful and that has to be developed. It has to be transformed into full- fledged laws." "What is expected is that in the next few years Congress will get involved, just as the Chileans have done," he emphasizes. It is not known if by means of an amendment to the Constitution, but Yuste hopes at least "a law" that protects the Spanish "from these possible abuses and threats, especially with regard to mental privacy." Other interesting articles: A group of cyborg neurons 'in vitro' learns to play 'Pong' faster than artificial intelligence 4 characteristic traits that define a psychopath, according to a psychologist and neuroscientist who studies them How to keep that text from making you bitter all day, according to a neuroscientist https://www.businessinsider.es/espana-regulara-neurotecnologias-ley-urgente-983787?utm_source=Whatsapp&utm_medium=referral&utm_campaig… 6/11 12/29/21, 9:02 PM Spain will regulate neurotechnologies by law: why it is urgent | Business Insider Spain Find out more about Alberto R. Aguiar. Learn how we work at Business Insider Spain. 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