September 3, 2021
The Prohibition of Neural Intrusion
#TheSovereigntyLaw forbids and punishes any possible form of intrusion at the level of the brain through the use of neurotechnology, instituting new guarantees concerning the individual physical and mental integrity of the person.
This regulation is a world first, being the first express and explicit rule seeking to protect and respect the “neuronal rights” of the person; a similar regulation is to be found only on the agenda of the Senate of Chile, though not adopted to this day.
Not least, it must be said that in the greatest universities of the world the studies and discussions on the discipline called “neuronal law”, and respectively on “neuronal rights”, are advanced, the existence of norms instituting guarantees at this level being considered a necessity and an urgency in relation to the speed of technological development and also to the discussions concerning the imminence of the implementation of what is called “bio-digital convergence” or NBICS (NANOTECHNOLOGY, BIOTECHNOLOGY, INFORMATION TECHNOLOGY AND COGNITIVE SCIENCE).
More details about NBICS and the reason why I considered the adoption of a regulation in this field to be urgent may be found at https://obamawhitehouse.archives.gov/sites/default/files/microsites/ostp/bioecon-%28%23%20023SUPP%29%20NSF-NBIC.pdf.
In view of all the above, starting from the principle that “good watch wards off ill fortune”, at the suggestion of my friend Radu Golban, I have proposed the following text of law — a text which, as you will see in the coming days, is supplemented in the Sovereignty Law by a criminal provision criminalising the act of infringing the neuronal rights of any person:
“Article 7
In article 64 of Law no. 287 of 17 July 2009 on the Civil Code, published in the Official Gazette no. 511 of 24 July 2009, as subsequently amended and supplemented, after paragraph (2) three new paragraphs are introduced, paras. (3)–(5), which shall have the following content:
‘(3) No authority or individual may, by any technological mechanism, increase, decrease or disturb the individual physical or mental integrity of the person, without the written, express, informed and freely expressed consent of that person or, in the case of a person under judicial interdiction or of a patient unable to express their will, without the written, express, informed and freely expressed consent of the legal representative.
(4) Any intrusion or form of intervention upon neuronal connections is forbidden, as is any intrusion at the level of the brain through the use of neuro-technology, of a brain-computer interface or of any other system or device, in the absence of the written, express, informed and freely given consent of the person, even in medical circumstances, or, in the case of a person under judicial interdiction or of a patient unable to express their will, without the written, express, informed and freely expressed consent of the legal representative.
(5) The use or possession of any system or device is forbidden — whether neurotechnology, brain-computer interface or other — whose purpose is to access or manipulate neuronal activity, in an invasive or non-invasive manner, if it may affect the psychological and psychic continuity of the person, or if it diminishes or harms the autonomy of their will or their capacity to take decisions freely.’
Explanatory Memorandum:
Article 7 supplements article 64 of the Civil Code, instituting new guarantees concerning the individual physical or mental integrity of the person. Account was taken both of the technological developments of recent years and of the latest results of the studies of the most advanced research laboratories in the field, all of which create the conditions for possible intrusions at the level of the brain through the use of neurotechnology. In view of the potential risks represented by leaving unregulated a field which may have direct effects upon the Romanian citizen as an individual, and also upon communities as a whole — both of which may cause uncontrolled influences upon society and thus, implicitly, upon national sovereignty — there has been forbidden the use or possession of any device whose purpose is to access or manipulate neuronal activity, or to diminish the autonomy of the will or the capacity of citizens to take decisions freely.”
TO BE CONTINUED.
Postscript:
If you agree with the principles promoted by the Sovereignty Law, sign up as a volunteer in the #ArmyOfSovereignty at http://VremSuveranitate.ro/ !
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