The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty – often framed as “neurorights” in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and governance guidelines (...) on this issue. However, in many discussions of neurorights the philosophical assumptions, ethical frames of reference and legal interpretation are either not made explicit or conflict with each other. The aim of this multidisciplinary work is to provide conceptual, ethical, and legal foundations that allow for facilitating a common minimalist conceptual understanding of mental privacy, mental integrity, and cognitive liberty to facilitate scholarly, legal, and policy discussions. (shrink)

Trust constitutes a fundamental strategy to deal with risks and uncertainty in complex societies. In line with the vast literature stressing the importance of trust in doctor–patient relationships, trust is therefore regularly suggested as a way of dealing with the risks of medical artificial intelligence (AI). Yet, this approach has come under charge from different angles. At least two lines of thought can be distinguished: (1) that trusting AI is conceptually confused, that is, that we cannot trust AI; and (2) (...) that it is also dangerous, that is, that we should not trust AI—particularly if the stakes are as high as they routinely are in medicine. In this paper, we aim to defend a notion of trust in the context of medical AI against both charges. To do so, we highlight the technically mediated intentions manifest in AI systems, rendering trust a conceptually plausible stance for dealing with them. Based on literature from human–robot interactions, psychology and sociology, we then propose a novel model to analyse notions of trust, distinguishing between three aspects: reliability, competence, and intentions. We discuss each aspect and make suggestions regarding how medical AI may become worthy of our trust. (shrink)

Deep brain stimulation is a well-accepted treatment for movement disorders and is currently explored as a treatment option for various neurological and psychiatric disorders. Several case studies suggest that DBS may, in some patients, influence mental states critical to personality to such an extent that it affects an individual’s personal identity, i.e. the experience of psychological continuity, of persisting through time as the same person. Without questioning the usefulness of DBS as a treatment option for various serious and treatment refractory (...) conditions, the potential of disruptions of psychological continuity raises a number of ethical and legal questions. An important question is that of legal responsibility if DBS induced changes in a patient’s personality result in damage caused by undesirable or even deviant behavior. Disruptions in psychological continuity can in some cases also have an effect on an individual’s mental competence. This capacity is necessary in order to obtain informed consent to start, continue or stop treatment, and it is therefore not only important from an ethical point of view but also has legal consequences. Taking the existing literature and the Dutch legal system as a starting point, the present paper discusses the implications of DBS induced disruptions in psychological continuity for a patient’s responsibility for action and competence of decision and raises a number of questions that need further research. (shrink)

We propose that virtue ethics can be used to address ethical issues central to discussions about sex robots. In particular, we argue virtue ethics is well equipped to focus on the implications of sex robots for human moral character. Our evaluation develops in four steps. First, we present virtue ethics as a suitable framework for the evaluation of human–robot relationships. Second, we show the advantages of our virtue ethical account of sex robots by comparing it to current instrumentalist approaches, showing (...) how the former better captures the reciprocal interaction between robots and their users. Third, we examine how a virtue ethical analysis of intimate human–robot relationships could inspire the design of robots that support the cultivation of virtues. We suggest that a sex robot which is equipped with a consent-module could support the cultivation of compassion when used in supervised, therapeutic scenarios. Fourth, we discuss the ethical implications of our analysis for user autonomy and responsibility. (shrink)

Brain–computer interfacing technologies are used as assistive technologies for patients as well as healthy subjects to control devices solely by brain activity. Yet the risks associated with the misuse of these technologies remain largely unexplored. Recent findings have shown that BCIs are potentially vulnerable to cybercriminality. This opens the prospect of “neurocrime”: extending the range of computer-crime to neural devices. This paper explores a type of neurocrime that we call brain-hacking as it aims at the illicit access to and manipulation (...) of neural information and computation. As neural computation underlies cognition, behavior and our self-determination as persons, a careful analysis of the emerging risks of malicious brain-hacking is paramount, and ethical safeguards against these risks should be considered early in design and regulation. This contribution is aimed at raising awareness of the emerging risk of malicious brain-hacking and takes a first step in developing an ethical and legal reflection on those risks. (shrink)

Bioethics, Volume 36, Issue 2, Page 154-161, February 2022.

Intentions are commonly conceived of as discrete mental states that are the direct cause of actions. In the last several decades, neuroscientists have taken up the project of finding the neural implementation of intentions, and a number of areas have been posited as implementing these states. We argue, however, that the processes underlying action initiation and control are considerably more dynamic and context sensitive than the concept of intention can allow for. Therefore, adopting the notion of ‘intention’ in neuroscientific explanations (...) can easily lead to misinterpretation of the data, and can negatively influence investigation into the neural correlates of intentional action.We suggest reinterpreting the mechanisms underlying intentional action, and we will discuss the elements that such a reinterpretation needs to account for. (shrink)

Contemporary brain reading technologies promise to provide the possibility to decode and interpret mental states and processes. Brain reading could have numerous societally relevant implications. In particular, the private character of mind might be affected, generating ethical and legal concerns. This paper aims at equipping ethicists and policy makers with conceptual tools to support an evaluation of the potential applicability and the implications of current and near future brain reading technology. We start with clarifying the concepts of mind reading and (...) brain reading, and the different kinds of mental states that could in principle be read. Subsequently, we devise an evaluative framework that is composed of five criteria-accuracy, reliability, informativity, concealability and enforceability-aimed at enabling a clearer estimation of the degree to which brain reading might be realistically deployed in contexts where mental privacy could be at stake. While accuracy and reliability capture how well a certain method can access mental content, informativity indicates the relevance the obtainable data have for practical purposes. Concealability and enforceability are particularly important for the evaluation of concerns about potential violations of mental privacy and civil rights. The former concerns the degree with which a brain reading method can be concealed from an individual’s perception or awareness. The latter regards the extent to which a method can be used against somebody’s will. With the help of these criteria, stakeholders can orient themselves in the rapidly developing field of brain reading. (shrink)

Brain–computer interfacing (BCI) aims at directly capturing brain activity in order to enable a user to drive an application such as a wheelchair without using peripheral neural or motor systems. Low signal to noise ratio’s, low processing speed, and huge intra- and inter-subject variability currently call for the addition of intelligence to the applications, in order to compensate for errors in the production and/or the decoding of brain signals. However, the combination of minds and machines through BCI’s and intelligent devices (...) (IDs) can affect a user’s sense of agency. Particularly confusing cases can arise when the behavioral control switches implicitly from user to ID. I will suggest that in such situations users may be insecure about the extent to which the resulting behavior, whether successful or unsuccessful, is genuinely their own. Hence, while performing an action, a user of a BCI–ID may be uncertain about being the agent of the act. Several cases will be examined and some implications for (legal) responsibility (e.g. establishing the presence of a ‘guilty mind’) are discussed. (shrink)

Human decisions are increasingly supported by decision support systems (DSS). Humans are required to remain “on the loop,” by monitoring and approving/rejecting machine recommendations. However, use of DSS can lead to overreliance on machines, reducing human oversight. This paper proposes “reflection machines” (RM) to increase meaningful human control. An RM provides a medical expert not with suggestions for a decision, but with questions that stimulate reflection about decisions. It can refer to data points or suggest counterarguments that are less compatible (...) with the planned decision. RMs think against the proposed decision in order to increase human resistance against automation complacency. Building on preliminary research, this paper will (1) make a case for deriving a set of design requirements for RMs from EU regulations, (2) suggest a way how RMs could support decision-making, (3) describe the possibility of how a prototype of an RM could apply to the medical domain of chronic low back pain, and (4) highlight the importance of exploring an RM’s functionality and the experiences of users working with it. (shrink)

In recent years the cognitive science community has witnessed the rise of a new, dynamical approach to cognition. This approach entails a framework in which cognition and behavior are taken to result from complex dynamical interactions between brain, body, and environment. The advent of the dynamical approach is grounded in a dissatisfaction with the classical computational view of cognition. A particularly strong claim has been that cognitive systems do not rely on internal representations and computations. Focusing on this claim, we (...) take as a starting point a question recently raised by Cliff and Noble: " if evolution did produce a design that used internal representations, how would we recognize it?" (Knowledge-based vision and simple visual machines, Philosophical Transactions of the Royal Society: Biological Sciences, 352 , 1165-1175, 1997). We will argue that cognitive science lacks a proper operationalization of the notion of representation, and therefore is unable to fruitfully discuss whether a particular system has representations or not. A basic method to detect representations in a physical system, grounded in isomorphism, turns out to be quite unconstrained. We will look at a practical example of this problem by examining the debate on whether or not van Gelder's (What might cognition be, if not computation? Journal of Philosophy, 92 , 345-381, 1995) controversial example of the Watt Governor is representational. We will conclude that cognitive science, as of yet, has no empirically applicable means to answer Cliff and Noble's question unequivocally. This makes the recent representationalism vs. anti-representationalism debate a debate for the sake of appearance. (shrink)

Recent Libet-style experiments are of limited relevance to the debate about free action and free will, and should be understood as investigations of arbitrary actions or guesses. In Libet-style experiments, the concept of 'free action' is commonly taken to refer to a 'self-initiated voluntary act', where the self prompts an action without being prompted. However, this idea is based on the problematic assumption that the conscious self needs to be free from every constraint in order to be actually free. We (...) maintain that a fundamental condition for free action is the presence of reasons to act responsibly. By analyzing a recent neuroscientific experiment, we indicate how its results could be interpreted as indicating how free action operationalization is inappropriately focusing on arbitrary actions. Hence, the way free action has been experimentally studied may have had a misleading influence on the debate about free will. (shrink)

Single cell recordings in monkeys provide strong evidence for an important role of the motor system in action understanding. This evidence is backed up by data from studies of the (human) mirror neuron system using neuroimaging or TMS techniques, and behavioral experiments. Although the data acquired from single cell recordings are generally considered to be robust, several debates have shown that the interpretation of these data is far from straightforward. We will show that research based on single-cell recordings allows for (...) unlimited content attribution to mirror neurons. We will argue that a theoretical analysis of the mirroring process, combined with behavioral and brain studies, can provide the necessary limitations. A complexity analysis of the type of processing attributed to the mirror neuron system can help formulate restrictions on what mirroring is and what cognitive functions could, in principle, be explained by a mirror mechanism. We argue that processing at higher levels of abstraction needs assistance of non-mirroring processes to such an extent that subsuming the processes needed to infer goals from actions under the label ?mirroring? is not warranted. (shrink)

Students using Ritalin in preparation for their exams is a hotly debated issue, while meditating or drinking coffee before those same exams is deemed uncontroversial. However, taking Ritalin, meditating and drinking coffee or even education in general, can all be considered forms of cognitive enhancement. Although social acceptance might change in the future, it is interesting to examine the current reasons that are used to distinguish cases deemed problematic or unproblematic. Why are some forms of cognitive enhancement considered problematic, while (...) others are not? In this paper, we consider cognitive enhancement as the amplification or extension of core capacities of the mind, using augmentation or improvements of our information-processing systems. We will analyse cognitive enhancement in an educational setting in order to clarify the fuzzy distinction between problematic and unproblematic forms of cognitive enhancement. We will show that the apparent distinction made by many people between problematic and unproblematic enhancement is not based on any fundamental difference between these two categories. (shrink)

Abstract. Following the tracks of Ryle and based upon the theory of complex systems, we shall develop a characterization of action-based consciousness as an embodied, embedded, selforganized process in which action and dispositions occupy a special place. From this perspective, consciousness is not a unique prerogative of humans, but it is spread all around, throughout the evolution of life. We argue that artificial systems such as robots currently lack the genuine embodied embeddedness that allows the type of self-organization that is (...) relevant to consciousness. -/- Sommario. Seguendo la linea tracciata da Ryle e basata sulla teorie dei sistemi complessi, svilupperemo una caratterizzazione della coscienza basata sull’azione come un processo incarnato, situato e auto organizzante nel quale le azioni e le disposizioni occupano un ruolo decisivo. Da questo punto di vista, la coscienza non è una prerogativa esclusiva degli esseri umani, ma è diffusa nel mondo naturale grazie ai processi evolutivi. Noi sosteniamo che i sistemi artificiali come i robot attualmente sono carenti del tipo di relazione con la corporeità e con l’ambiente che consente quel tipo di auto-organizzazione indispensabile per l’emergenza della coscienza. (shrink)

English: In this paper I indicate why I consider 'experimental philosophy' to be good news, though not as good as it could be, and not as all that new. I'll argue that there is no need to restrict experimental philosophy to eliciting intuitions through questionnaires. I'll indicate that good examples of experimental philosophy already exist in Artificial Intelligence and Cognitive Neuroscience. Dutch: Hieronder wil ik proberen aan te geven waarom ik de experimentele filosofie weliswaar als goed nieuws beschouw, maar niet (...) half zo goed als zou kunnen, en ook niet als echt nieuw. Qua filosofische experimenten beperkt de XF-beweging zich vooralsnog onnodig door haar focus op het eliciteren van intuïties, terwijl er reeds lang diverse goede voorbeelden van XF bestaan op het gebied van de kunstmatige intelligentie en de cognitieve neurowetenschap. (shrink)

http://www.sciencedirect.com/science/article/pii/S1053810015002378 -/- the original Fig. 4B published in this paper was incorrect.

I present experimental and computational research, inspired by the perspective of Embodied Embedded Cognition, concerning various aspects of language as supporting Everett’s interactionist view of language. Based on earlier and ongo- ing work, I briefly illustrate the contribution of the environment to the syste- maticity displayed in linguistic performance, the importance of joint attention for the development of a shared vocabulary, the role of (limited) traveling for language diversification, the function of perspective taking in social communica- tion, and the bodily (...) nature of understanding of meaning. (shrink)

Our think tank tasked by the Dutch Health Council, consisting of Radboud University Nijmegen Honours Academy students with various backgrounds, investigated the implications of Deep Brain Stimulation for psychiatric patients. During this investigation, a number of methodological, ethical and societal difficulties were identified. We consider these difficulties to be a reflection of a still fragmented field of research that can be overcome with improved organization and communication. To this effect, we suggest that it would be useful to found a centralized (...) DBS organization. Such an organization makes it possible to 1) set up and maintain a repository, 2) facilitate DBS studies with a larger sample size, 3) improve communication amongst researchers, clinicians and ethical committees, and 4) improve communication between DBS experts and the public at large. (shrink)

Our think tank tasked by the Dutch Health Council, consisting of Radboud University Nijmegen Honours Academy students with various backgrounds, investigated the implications of Deep Brain Stimulation for psychiatric patients. During this investigation, a number of methodological, ethical and societal difficulties were identified. We consider these difficulties to be a reflection of a still fragmented field of research that can be overcome with improved organization and communication. To this effect, we suggest that it would be useful to found a centralized (...) DBS organization. Such an organization makes it possible to 1) set up and maintain a repository, 2) facilitate DBS studies with a larger sample size, 3) improve communication amongst researchers, clinicians and ethical committees, and 4) improve communication between DBS experts and the public at large. (shrink)

This is a report on the 3-day workshop “The Neuroscience of Responsibility” that was held in the Philosophy Department at Delft University of Technology in The Netherlands during February 11th–13th, 2010. The workshop had 25 participants from The Netherlands, Germany, Italy, UK, USA, Canada and Australia, with expertise in philosophy, neuroscience, psychology, psychiatry and law. Its aim was to identify current trends in neurolaw research related specifically to the topic of responsibility, and to foster international collaborative research on this topic. (...) The workshop agenda was constructed by the participants at the start of each day by surveying the topics of greatest interest and relevance to participants. In what follows, we summarize (1) the questions which participants identified as most important for future research in this field, (2) the most prominent themes that emerged from the discussions, and (3) the two main international collaborative research project plans that came out of this meeting. (shrink)

Brain-Computer Interface (BCI) research and (future) applications raise important ethical issues that need to be addressed to promote societal acceptance and adequate policies. Here we report on a survey we conducted among 145 BCI researchers at the 4th International BCI conference, which took place in May–June 2010 in Asilomar, California. We assessed respondents’ opinions about a number of topics. First, we investigated preferences for terminology and definitions relating to BCIs. Second, we assessed respondents’ expectations on the marketability of different BCI (...) applications (BCIs for healthy people, BCIs for assistive technology, BCIs-controlled neuroprostheses and BCIs as therapy tools). Third, we investigated opinions about ethical issues related to BCI research for the development of assistive technology: informed consent process with locked-in patients, risk-benefit analyses, team responsibility, consequences of BCI on patients’ and families’ lives, liability and personal identity and interaction with the media. Finally, we asked respondents which issues are urgent in BCI research. (shrink)