Development Of Neurotechnologies Research Articles

An Anticipatory Approach to Ethico-Legal Implications of Future Neurotechnology

This paper provides a justificatory rationale for recommending the inclusion of imagined future use cases in neurotechnology development processes, specifically for legal and policy ends. Including detailed imaginative engagement with future applications of neurotechnology can serve to connect ethical, legal, and policy issues potentially arising from the translation of brain stimulation research to the public consumer domain. Futurist scholars have for some time recommended approaches that merge creative arts with scientific development in order to theorise possible futures toward which current trends in technology development might be steered. Taking a creative, imaginative approach like this in the neurotechnology context can help move development processes beyond considerations of device functioning, safety, and compliance with existing regulation, and into an active engagement with potential future dynamics brought about by the emergence of the neurotechnology itself. Imagined scenarios can engage with potential consumer uses of devices that might come to challenge legal or policy contexts. An anticipatory, creative approach can imagine what such uses might consist in, and what they might imply. Justifying this approach also prompts a co-responsibility perspective for policymaking in technology contexts. Overall, this furnishes a mode of neurotechnology’s emergence that can avoid crises of confidence in terms of ethico-legal issues, and promote policy responses balanced between knowledge, values, protected innovation potential, and regulatory safeguards.

Integrated Microprism and Microelectrode Array for Simultaneous Electrophysiology and Two-Photon Imaging across All Cortical Layers.

Cerebral neural electronics play a crucial role in neuroscience research with increasing translational applications such as brain-computer interfaces for sensory input and motor output restoration. While widely utilized for decades, the understanding of the cellular mechanisms underlying this technology remains limited. Although two-photon microscopy (TPM) has shown great promise in imaging superficial neural electrodes, its application to deep-penetrating electrodes is technically difficult. Here, a novel device integrating transparent microelectrode arrays with glass microprisms, enabling electrophysiology recording and stimulation alongside TPM imaging across all cortical layers in a vertical plane, is introduced. Tested in Thy1-GCaMP6 mice for over 4 months, the integrated device demonstrates the capability for multisite electrophysiological recording/stimulationand simultaneous TPM calcium imaging. As a proof of concept, the impact of microstimulation amplitude, frequency, and depth on neural activation patterns is investigated using the setup. With future improvements in material stability and single unit yield, this multimodal tool greatly expands integrated electrophysiology and optical imaging from the superficial brain to the entire cortical column, opening new avenues for neuroscience research and neurotechnology development.

“You shall have the thought”: habeas cogitationem as a New Legal Remedy to Enforce Freedom of Thinking and Neurorights

Despite its obvious advantages, the disruptive development of neurotechnology can pose risks to fundamental freedoms. In the context of such concerns, proposals have emerged in recent years either to design human rights de novo or to update the existing ones. These new rights in the age of neurotechnology are now widely referred to as “neurorights.” In parallel, there is a considerable amount of ongoing academic work related to updating the right to freedom of thought in order to include the protection of “freedom of thinking” (i.e., freedom of thought itself) and not only its social manifestations. Neurorights such as cognitive liberty, free will, mental freedom, and mental self-determination come into play here. Importantly, freedom of thought has often been considered a prerequisite for all the other fundamental freedoms and rights. In any case, just as other rights require additional legal instruments to guarantee their compliance, substantial neurorights will probably require specific complementary developments in procedural law. In relation to this, there is a long tradition of habeas corpus as an emergency remedy to enforce the rights of a citizen against illegal or arbitrary detention. More recently, the habeas data writ has been proposed and admitted in certain countries to guarantee a person’s ownership of their personal data. In this article, we propose to expand this procedural apparatus by incorporating a third habeas, which we call habeas cogitationem: a writ aimed primarily at enforcing the right to freedom of thinking (and, subsidiarily, the rest of neurorights) against direct, harmful interferences in a person’s thought process by both public and private perpetrators.

Accelerating neurotechnology development using an Agile methodology.

Novel bioelectronic medical devices that target neural control of visceral organs (e.g., liver, gut, spleen) or inflammatory reflex pathways are innovative class III medical devices like implantable cardiac pacemakers that are lifesaving and life-sustaining medical devices. Bringing innovative neurotechnologies early into the market and the hands of treatment providers would benefit a large population of patients inflicted with autonomic and chronic immune disorders. Medical device manufacturers and software developers widely use the Waterfall methodology to implement design controls through verification and validation. In the Waterfall methodology, after identifying user needs, a functional unit is fabricated following the verification loop (design, build, and verify) and then validated against user needs. Considerable time can lapse in building, verifying, and validating the product because this methodology has limitations for adjusting to unanticipated changes. The time lost in device development can cause significant delays in final production, increase costs, and may even result in the abandonment of the device development. Software developers have successfully implemented an Agile methodology that overcomes these limitations in developing medical software. However, Agile methodology is not routinely used to develop medical devices with implantable hardware because of the increased regulatory burden of the need to conduct animal and human studies. Here, we provide the pros and cons of the Waterfall methodology and make a case for adopting the Agile methodology in developing medical devices with physical components. We utilize a peripheral nerve interface as an example device to illustrate the use of the Agile approach to develop neurotechnologies.

Multimodal neuro-nanotechnology: Challenging the existing paradigm in glioblastoma therapy

Integrating multimodal neuro- and nanotechnology-enabled precision immunotherapies with extant systemic immunotherapies may finally provide a significant breakthrough for combatting glioblastoma (GBM). The potency of this approach lies in its ability to train the immune system to efficiently identify and eradicate cancer cells, thereby creating anti-tumor immune memory while minimizing multi-mechanistic immune suppression. A critical aspect of these therapies is the controlled, spatiotemporal delivery of structurally defined nanotherapeutics into the GBM tumor microenvironment (TME). Architectures such as spherical nucleic acids or poly(beta-amino ester)/dendrimer-based nanoparticles have shown promising results in preclinical models due to their multivalency and abilities to activate antigen-presenting cells and prime antigen-specific T cells. These nanostructures also permit systematic variation to optimize their distribution, TME accumulation, cellular uptake, and overall immunostimulatory effects. Delving deeper into the relationships between nanotherapeutic structures and their performance will accelerate nano-drug development and pave the way for the rapid clinical translation of advanced nanomedicines. In addition, the efficacy of nanotechnology-based immunotherapies may be enhanced when integrated with emerging precision surgical techniques, such as laser interstitial thermal therapy, and when combined with systemic immunotherapies, particularly inhibitors of immune-mediated checkpoints and immunosuppressive adenosine signaling. In this perspective, we highlight the potential of emerging treatment modalities, combining advances in biomedical engineering and neurotechnology development with existing immunotherapies to overcome treatment resistance and transform the management of GBM. We conclude with a call to action for researchers to leverage these technologies and accelerate their translation into the clinic.

Neurotechnology in criminal justice: key points for neuroscientists and engineers.

Abstract Neurotechnology encompasses any device (including hardware, testing/stimulation paradigms and data analysis/ interpretation algorithms) that interfaces with the central nervous system to modulate or monitor neural activity. Driven by continuous scientific advances, neurotechnology is increasingly applied in research, clinical and consumer settings. The recent considerable investments in neurotechnology from private sector parties such as Blackrock, Neuralink and Kernel, and the growing interest of policy makers, are likely to further accelerate this trend. 
One area of application for neurotechnology is the criminal justice system. Neurotechnology may provide legally relevant information about people’s past, present and future behavior. In addition, treatment programs in criminal justice may apply neurotechnological risk assessment and interventions. Currently, the use of neurotechnologies in criminal justice is mostly limited to the diagnosis of neurological conditions such as epilepsy, brain trauma, and dementia, incidentally aiding the assessment of fitness to stand trial and legal insanity1. Neurotechnologies have also sporadically been used for other applications in criminal justice2. 
Here, we identify concerns and priorities for responsible implementation of neurotechnology in the criminal justice system beyond its current use (BOX1). For that, we first consider areas where neurotechnology has potential value. Then, we identify key requirements that have to be met for the techniques to be usable in criminal justice settings. These requirements often deviate from standards typically applied in neuroscientific research. Using some of the most prominent developments of neurotechnology as examples, we briefly describe to what extent emerging neurotechnologies currently match these requirements. Finally, we assess human rights issues related to the implementation of neurotechnology in criminal justice. We conclude that responsible real-world implementation requires neurotechnologies to be effective, reliable and compliant with human rights, and argue that research and development of neurotechnologies for use in criminal justice should focus on the user-context and prioritize validation for intended use.




An alternative focus on data in the neurorights discussion – Lessons from Brazil

Developments in neurotechnology are prompting concerns about the concepts of mental privacy, mental integrity, and cognitive liberty, among others. Many researchers and some policymakers have begun to propose that novel human rights are required to meet the challenges emerging neurotechnology poses. These proposals have seen high-profile discussion, gaining already state-level recognition in Chile. Others advocate a different approach by concentrating on data protection. This policy brief recommends this kind of focus in order to (i) help researchers to regulate the pace of development and (ii) respect the potential for risks to individuals by permitting them greater control over how their neurodata is used. A data-centred approach is an agile means of providing legal and ethical protection and permitting the direction of neurotechnology development toward producing positive impacts. This brief also refers to legislative change in Brazil, contrasted with Chile, where data law is to be revised to pre-empt neurotechnological issues. The Brazilian model emerges as an alternative that ought to be replicated by other lawmakers globally.

Dynamical flexible inference of nonlinear latent factors and structures in neural population activity.

Modelling the spatiotemporal dynamics in the activity of neural populations while also enabling their flexible inference is hindered by the complexity and noisiness of neural observations. Here we show that the lower-dimensional nonlinear latent factors and latent structures can be computationally modelled in a manner that allows for flexible inference causally, non-causally and in the presence of missing neural observations. To enable flexible inference, we developed a neural network that separates the model into jointly trained manifold and dynamic latent factors such that nonlinearity is captured through the manifold factors and the dynamics can be modelled in tractable linear form on this nonlinear manifold. We show that the model, which we named 'DFINE' (for 'dynamical flexible inference for nonlinear embeddings') achieves flexible inference in simulations of nonlinear dynamics and across neural datasets representing a diversity of brain regions and behaviours. Compared with earlier neural-network models, DFINE enables flexible inference, better predicts neural activity and behaviour, and better captures the latent neural manifold structure. DFINE may advance the development of neurotechnology and investigations in neuroscience.

The Regulation of Neurorights in National Legislation: What Should be Kept in Mind?

The rapid development of neurotechnologies and achievements in their practical application, as well as the increasing use of methods based on the application of artificial intelligence, represent a great reason for satisfaction, but also for concern about possible cases of their abuse. For this reason, the importance of the existence of rules, so called neurorights, that should guarantee adequate protection and preservation of the human brain and mind, is emphasized in the literature. Those rules are not only constructed at the theoretical level, but gradually become part of the normative framework of various countries and are increasingly discussed at the international level. Although there are numerous studies on neurorights, especially from the perspective of the debate on whether there is a need to regulate them as new human rights, the question of how this could be done by national legislation has not yet entered the narrower focus of research attention. To this end, by using the relevant literature, as well as the existing normative framework of various countries that regulate neurorights, the author of this article tries to contribute to discussions related to neurorights and to stimulate scientific interest in further reflection and research on the topic.

Reengineering of Micro-Merchandising as a Business Process Using Neurotechnologies

The article presents a study of merchandising as a business process. The main problems in micro-merchandising are revealed. The expediency of using artificial intelligence technologies in micro-merchandising to increase its economic efficiency is substantiated. An approach to the reengineering of micro-merchandising based on a comparison of a planogram and a realogram using artificial intelligence (AI) technologies is proposed. The evolutionary stages of development of neurotechnologies are determined: from the formalization of the concept of a neural network and the representation of complex biological processes by mathematical models to the achievement of the level of human functionality in recognizing the surrounding world and predicting the future. The article analyzes foreign and domestic experience in the use of AI technologies in various areas of human life, as well as in marketing and merchandising in retail, and proposes an approach to improve the audit of the location of goods on the shelf, taking into account the replacement of intellectual human labor with artificial intelligence and the exclusion of human factors, checking the realogram and planogram using neurotechnologies. The use of artificial intelligence in reengineering is considered, an algorithm for auditing micro-merchandising as a business process is described, a problematic interview with grocery retail merchandisers is conducted, and the hypothesis about the possibility of automating a business process is confirmed. Software (Neisla application) was developed to automate the business process, its application was tested in a large regional retail chain of the Irkutsk region in Irkutsk. As a product category, "chocolate bars" are used. As a result of testing within one month, an increase in the economic efficiency of micro-merchandising as a business process was confirmed.

An alternative focus on data in the neurorights discussion – Lessons from Brazil

Developments in neurotechnology are prompting concerns about the concepts of mental privacy, mental integrity, and cognitive liberty, among others. Many researchers and some policymakers have begun to propose that novel human rights are required to meet the challenges emerging neurotechnology poses. These proposals have seen high-profile discussion, gaining already state-level recognition in Chile. Others advocate a different approach by concentrating on data protection. This brief recommends this kind of focus in order to (i) help researchers to regulate the pace of development and (ii) respect the potential for risks to individuals by permitting them greater control over how their neurodata is used. A data-centred approach is an agile means of providing legal and ethical protection and permitting the direction of neurotechnology development toward producing positive impacts. This brief also refers to legislative change in Brazil, contrasted with Chile, where data law is to be revised to pre-empt neurotechnological issues. The Brazilian model emerges as an alternative that ought to be replicated by other lawmakers globally.

The interior castle of conscience vs. new human rights in the age of neuroscience and neurotechnology

ABSTRACT In the article ‘Towards new human rights in the age of neuroscience and neurotechnology’, published in 2017, Ienca and Andorno review the current stage of neuroscience and neurotechnology development, proposing four new human rights that shall protect the individual from the dangers arising from said development. The authors accept the idea of infiltration into our interior castle – the mind – requiring only the proper level of protection against the described probable misuse of techniques, especially their use against the individual’s will. Although their proposal seems a needed addition to the human rights system, it raises doubts as to the very definition of human it was designed to protect. Is the whole concept of the technical infiltration of the brain to alter the mind processes reconcilable with human freedom, especially with freedom of thought, conscience, and religion? In the article, the authors deliberate the inadequacy of two visions of human: the one that was the foundation of the human rights system and another emerging from Ienca and Andorno’s article.

Factors Mediating Public Perceptions of Therapeutic Closed-Loop Brain Implants for Epilepsy and Mood Disorders (P6-9.002)

<h3>Objective:</h3> To examine perceptions of implanted neural devices among groups underserved by prevailing neuropsychiatric treatment approaches. <h3>Background:</h3> “Closed-loop” devices that both sense and modulate brain activity represent a new paradigm for neuropsychiatric treatment. However, neurotechnologists and even neuroethicists are not demographically representative of U.S. society, so the concerns of groups most in need of new paradigms may not be reflected in current neurotechnology development. <h3>Design/Methods:</h3> We fielded a nationally representative survey (n=1047) oversampling non-Hispanic Black (n=214), Hispanic (n=210), and rural Americans (n=219), eliciting treatment preferences in scenarios comparing (1) a therapeutic closed-loop brain implant versus surgical resection for refractory epilepsy, and (2) an investigational closed-loop brain implant versus medications for mood disorders. We asked respondents to rate the importance of differing considerations favoring either the implanted device or traditional treatment. We examined whether such considerations mediate demographic differences in treatment preferences using survey-weighted logistic regression models. <h3>Results:</h3> In both scenarios, non-Hispanic Black Americans were less likely to prefer the implanted neural device than non-Hispanic White Americans (epilepsy OR 0.28, p&lt;0.001; mood OR 0.23, p=0.008); there was no main effect contrasting Hispanic with non-Hispanic White Americans, or contrasting rural with urban/suburban Americans. In the epilepsy scenario the difference between non-Hispanic Black and non-Hispanic White Americans’ treatment preferences was partially mediated by preference for established treatments, concerns about privacy, and concerns about hacking. In the mood scenario the difference between non-Hispanic Black and non-Hispanic White Americans’ treatment preferences was partially mediated by indifference to temporally specific action of a closed-loop device, concerns about changes to core traits, and preference for established treatments. <h3>Conclusions:</h3> Black Americans are less likely than White Americans to prefer closed-loop brain implants to traditional treatment, with specific concerns that may be informed by the history of unethical medical experimentation targeting Black people. <b>Disclosure:</b> Mr. Dada has received personal compensation for serving as an employee of Dreem Health. The institution of Mr. Chen has received research support from the National Institutes of Health (NIH). The institution of Dr. Haeusermann has received research support from the National Institutes of Health (NIH). Ms. Fong has nothing to disclose. Dr. Hamilton has received personal compensation in the range of $500-$4,999 for serving as a Consultant for Alexion Pharmaceuticals. Dr. Hamilton has received personal compensation in the range of $500-$4,999 for serving on a Scientific Advisory or Data Safety Monitoring board for Highland Instruments. Dr. Hamilton has received personal compensation in the range of $10,000-$49,999 for serving as an Editor, Associate Editor, or Editorial Advisory Board Member for Neurology (Journal). The institution of Dr. Hamilton has received research support from NIH. The institution of Dr. Hamilton has received research support from Department of Defense. The institution of Dr. James has received research support from National Institute of Health. The institution of Dr. James has received research support from Society of Family Planning . The institution of Dr. James has received research support from Greenwall Foundation. Prof. Dohan has nothing to disclose. The institution of Dr. Chiong has received research support from the National Institutes of Health. The institution of Dr. Chiong has received research support from the Dana Foundation. Dr. Chiong has received personal compensation in the range of $500-$4,999 for serving as a member, NeuroEthics Working Group with National Institutes of Health.

NEUROPRAWA – PRAWNE ASPEKTY PRZECIWDZIAŁANIA ZAGROŻENIOM PŁYNĄCYM Z ROZWOJU NEUROTECHNOLOGII

The main subject of this paper is an overview of legal regulations on neurotechnology. The purpose of the analysis is also to define threats posed by the development of neurotechnology, to present proposals of laws and regulations that would counteract these threats, referred to as ‘neurolaws’, which have already been formulated in science, to review and analyse national regulatory solutions adopted in recent years (Chile) and international standards (OECD). The study is also an attempt at encouraging debate about the advancement in neurotechnology and the validity of the laws in view of this innovation.

Neuro-Rights and New Charts of Digital Rights: A Dialogue Beyond the Limits of the Law

Abstract: In this article, the authors address some of the most pressing issues that stem from the relationship between the technological advancements of the twenty-first century and legal regulation. The development of neurotechnology and artificial intelligence (AI), while offering considerable opportunities for the betterment of social life, also poses unprecedented risks. These challenges manifest in a wide variety of topics. Areas such as human rights treaties, antitrust law, property law, and labor law are affected by these developments. The risks associated with the unregulated use of neurotechnology and AI do not cease at the sectorial stage. Some of the values upon which current democratic systems and governance models are built could be equally threatened. In anticipation of the harming potential of unmitigated technological advances, some governments and international institutions have enacted legal provisions to regulate the current digital landscape. These normative instruments, including the Chilean Constitutional Amendment and European Charts of Digital Rights, are also analyzed in the following pages. The purpose of this article is not purely descriptive, but rather to spark a debate among legal scholars and experts in their respective fields. The approach followed here, dialogical in its nature, may provide a model for further collaboration. It is the authors' understanding that the regulation of neurotechnology and AI requires an interdisciplinary approach that is transnational in its scope.

Artificial Intelligence: The Opacity of Concepts in the Uncertainty of Realities

The development of the systems of artificial intelligence (AI) and digital transformation in general lead to the formation of multitude of autonomous agents of artificial and mixed genealogy, as well as to complex structures in the information and regulatory environment with many opportunities and pathologies and a growing level of uncertainty in making managerial decisions. The situation is complicated by the continuing plurality of understanding of the essence of AI systems. The modern expanded understanding of AI goes back to ideas formulated more than 100 years ago. In official national policy documents on the development of AI, working definitions of AI are preferred. The current stage of AI systems life cycle can be assessed as the completion of the initial period in the development of systems associated with weak AI. The ability of artificial systems to realize themselves as a separate person becomes one of the serious scientific and practical challenges. Attention to the issues of the ethics of AIS indicates the expansion of the diversity of its forms and the beginning of the work in the field of goal-setting. New moral and ethical problems also arise in connection with the possibility of the creation of genuine conscious subjects in the foreseeable future. There is an increasing phenomenon of degradation of natural intelligence. It is required to take into account the issue of the heterogeneity of data generated by humans, electronic sensors and network devices in the dynamic complex environments of the digital economy, the issue of the complexity of the process of co-evolution of AI systems, collective and individual natural consciousness. A special area of opportunities and risks is the development of neurotechnologies. The object of control is digital twins, through which there can be manipulation of real attitudes, preferences, and behavior of individuals. As a result, there are the development of technological capabilities that provoke destructive phenomena as well as the formation of a new class of mass addictions.

Neurotechnologies in law and law enforcement: past, present and future

The scope of the research is the necessity for legal regulation of the use of neurotechnologies in various sectors of human activity and the possibility of their application in jurisprudence. Neurotechnology is based on advances in neuroscience that allow us to understand the structure of the brain. The advances in neuroscience are driving the rapid development of neurotechnologies and their spread in modern society. The special importance of neurotechnologies is explained by the fact that, on the one hand, they contribute to the enhancement of artificial intelligence, significantly increasing the amount of data necessary for artificial intelligence for learning, on the other hand, with the help of neurotechnologies, people can increase their capabilities, both physical and mental.The purpose of the article is to analyze the development of the application of neurotechnologies in practical use and assess the degree of necessity for the right to respond to the use of various neurodevices by people, as well as to study the risks of using solutions based on neurotechnologies in law enforcement.The methods of conducting this research include the formal logical method, historical and comparative legal methods, the method of systems analysis, the method of abstraction and the method of legal forecasting.The main scientific results. Taking into consideration the available foreign experience, the history of the use of neurotechnologies in law enforcement to the present day is systematized, the origins of the formation of neuro-law are considered. The level of neurotechnologies achieved today is assessed, the main issues that the development of neurotechnolo- gies pose to law, and the questions that arise in connection with the growing use of neurotechnologies in law enforcement in the world are listed. Analyzed the legal acts and international documents (soft law) aimed at the regulation of neurotechnology nowadays. The short-term prospects for the use of neurotechnologies in law enforcement are formulated and the related needs for changing legal regulation, in particular, the need to recognize a new group of neuro-rights for a person are highlighted.Conclusions. The further development of neurotechnologies, declared as one of the state priorities in Russia, inevitably intensifies the penetration of neurotechnologies into various sectors of public and state life, including the activities of law enforcement agencies. Therefore, it is necessary to prepare the legal basis for this already today, implementing the relevant provisions into the Constitution of the Russian Federation, criminal, civil, administrative, labor and procedural legislation.

Neurotechnologies in Geopolitics, Management, Economics during the Global crisis and hybrid Wars (Part 2)

The subject of the article is methodological aspects of the application of neurotechnologies in management, economics and geopolitics during the global crisis and hybrid wars; the object of the work is neurotechnologies in the conditions of the 9th technological order; the purpose of the article is to reduce the geopolitical risk in international relations during the 9th technological order, the development of the 9th technological order. The relevance of the article is related to the geopolitical crisis and the intensification of the use of neurotechnologies in the process of geopolitical competition during the transition of the world to a new world order; it is important to take into account that the development of neurotechnologies is one of the main directions of technological development in the formation of the 9th technological order. The scientific novelty of the work is determined by the synthesis of the methodology of managing geopolitical risks in the conditions of the global crisis, based on the development and practical application of neurotechnologies in the period of the 9th technological order. To achieve this goal, the following tasks are solved: the concept and features of geopolitical risk are introduced; the influence of geopolitical risk on the sustainability of the development of the 9th technological order is investigated; methodological provisions of neurogeopolitics are formed, changes in world orders in their connection with technological patterns (orders) is studied; the evolution of military methods in geopolitics is described in the process of changing technological patterns; the concept of managing the geopolitical risk of the state is formed. Scientific methods are: historical analysis; neurotechnology; geopolitics; political science; methodology and philosophy of science, a systematic approach; heuristic methods; the method of constructing scenarios

Интерфейс мозг-компьютер как символ коэволюции человека и техники

The article deals with one of the key problems of the digital transformation of society – the problem of human adaptation to the increasingly complex information and technological environment of the digital society, the increased information load. One of the promising di­rections for solving this problem is the development of neurotechnologies, and, in particular, brain-computer neural interfaces. The possibilities and prospects of using the brain-com­puter neural interface and neurotechnologies are considered. It is shown that the develop­ment of neurotechnologies and, in particular, the brain-computer neural interface should be accompanied by the study and early warning of the risks associated with their development, as well as the identification and discussion of social, existential and ethical problems in the development of neurotechnologies, and the development of ways to solve them. It is im­portant to form a public discourse on various aspects of the use of neurotechnologies by humans.

Neurotechnologies in the advertising industry: Legal and ethical aspects

As a result of technological and information development, there is a rapid spread of neurotechnology in the advertising industry, which sparks debate among law and marketing scholars regarding ethics, reasonability and legality of their use. The paper aims to identify possible ways to increase the effectiveness of regulatory and ethical aspects of using neurotechnology in Ukraine’s advertising industry. Based on a systematic analysis of theoretical experience and regulatory legal acts, the main threats to the development of neuromarketing are identified. The lack of a neurotechnology law, the distinguishing between “neuro data” and “personal data”, cyber-hacking risks, the lack of an interaction model between the state and advertisers are deemed to be regulatory shortcomings. Possible ways to optimize the legal regulation of the neurotechnology use are the development of a neurotechnology law, the legislative enshrinement of the neuro data concept, the introduction of restrictions on neuro data use depending on the industry and purpose, increased cybersecurity level. Threats to the ethical use of neurotechnology include low public awareness of neurotechnology and personal rights of citizens, lack of training activities for marketers and advertisers in the field of neuroscience. It is possible to overcome ethical threats through educational and informational work for marketers, advertisers and citizens. A comprehensive solution to the ethical and legal shortcomings of neurotechnology use will increase the neurotechnology development level, the proficiency level of marketers and advertisers, as well as improve the legal system in Ukraine.