As we become more and more enhanced with cyborg technology, significant issues of law and policy are raised. For example, as cyborg devices implanted within the body create a class of people with enhanced motor and computational abilities, how should the law and policy respond when the abilities of such people surpass those of the general population? And what basic human and legal rights should be afforded to people equipped with cyborg technology as they become more machine and less biology? As other issues of importance, if a neuroprosthetic device is accessed by a third party and done to edit one's memory or to plant a new memory in one's mind, or even to place an ad for a commercial product in one's consciousness, should there be a law of cognitive liberty or of "neuro-advertising" that applies? This paper discusses laws and statutes enacted across several jurisdictions which apply to cyborg technologies with a particular emphasis on legal doctrine which relates to neuroprosthetic devices.Keywords: cyborg; enhancement technology; neuroprosthesis; patent law; copyright law; cognitive liberty; international law
Cyborgs, Prostheses, and LawWe are currently undergoing a "technological revolution" in the design and use of "cyborg devices" integrated into the human body. Worldwide there are millions of people equipped with "cyborg technology" ranging from prosthetic limb replacements and prosthetic hands controlled by thought [1,2], to neuroprosthetic devices implanted within the brain [3], and additionally to people equipped with heart pacers or defibrillators, retinal prosthesis and cochlear implants [4]. As people become more and more equipped with "cyborg/prosthetic" devices, important issues of law and policy are raised which result in significant challenges to established legal doctrine. As an example, what law applies to people who hack an implanted medical device, or interfere with the transmission of the wireless signals of devices worn by cyborgs [1,5]? And in an "age of cyborgs", if third parties access another person's neuroprosthetic device, should there be a legal cause of action for individuals suffering harm under a theory of cognitive liberty, freedom of thought, or, in some cases, privacy law?In addition, what is the relationship between legal doctrine and cyborg technologies with regard to our very sense of being; that is, as we continue to enhance ourselves with technology, should laws and statutes be enacted to safeguard our humanity, and our sense of being and identity as homo sapiens? While the focus of this paper is on the laws and statutes of the U.S., there are numerous examples of law from other jurisdictions included in the paper. We include this body of law not only for comparative purposes, but also because we view the issues of integrating cyborg technologies into the human body and mind as so important and challenging for humanity that an international response is required. On this point, it is becoming more common for a particular jurisdiction to show deference to the law...