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Senators ask FTC to study neurotechnology's promises, implications

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Contributors:

Kristen Mathews

CIPP/US

Partner

Cooley

Editor's note: The IAPP is policy neutral. We publish contributed opinion and analysis pieces to enable our members to hear a broad spectrum of views in our domains.

Three U.S. senators have introduced a notable bill, S.2925, in Congress that aims to address concerns surrounding the rapid development of neurotechnologies capable of interfacing with the human mind.

Senate Minority Leader Chuck Schumer, D-N.Y., Senate Committee on Commerce, Science and Transportation Ranking Member Maria Cantwell, D-Wash., and Sen. Ed Markey, D-Mass., are proposing the Management of Individuals' Neural Data Act of 2025.

The MIND Act will cover both implanted brain-computer interfaces and wearable neurotech devices, such as headbands, earbuds, helmets and wristbands, which can detect activity from the central or peripheral nervous system. The proposed legislation directs the U.S. Federal Trade Commission to take into account both the potential benefits and risks of neurotechnologies and determine the need for regulation.  

Neurotechnologies are being used to tangibly help people; for example, it enables paralyzed individuals to operate their exoskeletons and helps those who cannot speak to communicate through a brain-computer interface. However, neural data can also be used to deduce sensitive personal information about an individual, including their emotions, whether they are paying attention, and, in some research studies, even their inner speech.

These technologies can not only monitor brain activity but also stimulate the brain, thereby influencing its functions. Brain stimulation is used, for example, to treat depression. However, it could theoretically be used to induce an emotion in a person that they would not have experienced without the stimulation.

Contributors:

Kristen Mathews

CIPP/US

Partner

Cooley

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