Lessons from psychotherapy for the responsible development of Neuralink-type brain-computer interfaces

Abstract

In August 2020 Elon Musk’s start-up, Neuralink, introduced its next generation neural implant which establishes wireless, bilateral communication between its user (his or her brain to be more precise) and a mobile phone or computer. Neuralink signalled the fact that we are on the verge of the wide commercialisation of brain-computer interfaces (BCIs). Such mind-reading or mind-altering technologies interfere with the human brain and/or the human mind, but this action is not a novelty. The treatment of neurological and mental diseases through the brain has a long history and aims to address certain malfunctions of the organ or to reorient the ways one think and perceives the world. These treatments are based either on physical interference with the brain or with the mind. The latter, which is the main area of interest of this paper, is called psychotherapy. To contribute to the acceptance and development of Brain-Computer Interfaces in Europe, this article provides an overview of the legal and ethical considerations that arise in connection with psychotherapy. The article finds that under specific circumstances, interference with absolute rights such as the freedom of thought or freedom of information is possible. A key to legitimacy is informed consent of the user/patient. Furthermore, psychotherapists are bound by a wide range of ethical principles, which should be applied on a case-by-case basis. As the human brain is unique, developing a standardized technology to interfere therewith is extremely difficult, especially when considering the stringency and personalized application of legal and ethical requirements.