1 00:00:01,096 --> 00:00:05,927 In the months following the 2009 presidential election in Iran, 2 00:00:05,927 --> 00:00:08,821 protests erupted across the country. 3 00:00:09,757 --> 00:00:12,755 The Iranian government violently suppressed 4 00:00:12,755 --> 00:00:16,164 what came to be known as the Iranian Green Moevement. 5 00:00:16,676 --> 00:00:18,856 Even blocking mobile signals 6 00:00:18,856 --> 00:00:21,798 to cut off communication between the protesters. 7 00:00:22,404 --> 00:00:27,009 My parents, who emigrated to the United States in the late 1960s, 8 00:00:27,009 --> 00:00:28,964 spend substantial time there, 9 00:00:28,964 --> 00:00:31,897 where all of my large, extended family live. 10 00:00:32,865 --> 00:00:36,139 When I would call my family in Tehran 11 00:00:36,139 --> 00:00:39,644 during some of the most violent crackdowns of the protest, 12 00:00:39,644 --> 00:00:42,686 none of them dared discuss with me what was happening. 13 00:00:43,334 --> 00:00:46,763 They or I knew to quickly steer the conversation to other topics. 14 00:00:47,211 --> 00:00:50,663 All of us understood what the consequences could be 15 00:00:50,663 --> 00:00:53,143 of a perceived dissident action. 16 00:00:54,215 --> 00:00:57,707 But I still wish I could have known what they were thinking 17 00:00:57,707 --> 00:00:59,325 or what they were feeling. 18 00:01:00,249 --> 00:01:01,642 What if I could have? 19 00:01:02,149 --> 00:01:03,411 Or more frighteningly, 20 00:01:03,411 --> 00:01:06,428 what if the Iranian government could have? 21 00:01:06,870 --> 00:01:10,114 Would they have arrested them based on what their brains revealed? 22 00:01:11,037 --> 00:01:14,175 That day may be closer than you think. 23 00:01:14,662 --> 00:01:18,496 With our growing capabilities in neuroscience, artificial intelligence 24 00:01:18,496 --> 00:01:20,222 and machine learning, 25 00:01:20,222 --> 00:01:22,784 we may soon know a lot more 26 00:01:22,784 --> 00:01:24,614 of what's happening in the human brain. 27 00:01:25,083 --> 00:01:28,489 As a bioethicist, a lawyer, a philosopher 28 00:01:28,489 --> 00:01:30,379 and an Iranian-American, 29 00:01:30,379 --> 00:01:34,189 I'm deeply concerned about what this means for our freedoms 30 00:01:34,189 --> 00:01:36,360 and what kinds of protections we need. 31 00:01:37,081 --> 00:01:40,517 I believe we need a right to cognitive liberty 32 00:01:40,517 --> 00:01:43,409 as a human right that needs to be protected. 33 00:01:43,772 --> 00:01:46,547 If not, our freedom of thought, 34 00:01:46,547 --> 00:01:49,487 access and control over our own brains 35 00:01:49,487 --> 00:01:52,597 and our mental privacy will be threatened. 36 00:01:53,698 --> 00:01:54,701 Consider this. 37 00:01:54,701 --> 00:01:58,194 The average person thinks thousands of thoughts each day. 38 00:01:58,784 --> 00:01:59,969 As a thought takes form, 39 00:01:59,969 --> 00:02:03,702 like a math calculation or a number, 40 00:02:03,702 --> 00:02:05,080 a word, 41 00:02:05,080 --> 00:02:07,949 neurons are interacting in the brain, 42 00:02:07,949 --> 00:02:11,217 creating [a] miniscule electrical discharge. 43 00:02:11,888 --> 00:02:15,293 When you have a dominant mental state like relaxation, 44 00:02:15,293 --> 00:02:19,534 hundreds and thousands of neurons are firing in the brain, 45 00:02:19,534 --> 00:02:23,775 creating concurrent electrical discharges in characteristic patterns 46 00:02:23,775 --> 00:02:27,386 that can measured with electroencephalography, 47 00:02:27,386 --> 00:02:28,530 or EEG. 48 00:02:29,230 --> 00:02:31,390 In fact, that's what you're seeing right now. 49 00:02:32,075 --> 00:02:36,178 You're seeing my brain activity that was recorded in real time 50 00:02:36,178 --> 00:02:38,913 with a simple device that was worn on my head. 51 00:02:39,804 --> 00:02:45,457 What you're seeing is my brain activity when I was relaxed and curious. 52 00:02:46,225 --> 00:02:47,903 To share this information with you, 53 00:02:47,903 --> 00:02:51,013 I wore one of the early consumer-based EEG devices 54 00:02:51,013 --> 00:02:52,247 like this one, 55 00:02:52,247 --> 00:02:56,235 which recorded the electrical activity in my brain in real time. 56 00:02:56,993 --> 00:03:00,780 It's not unlike the fitness trackers that some of you may be wearing 57 00:03:00,780 --> 00:03:04,309 to measure your heart rate or the steps that you've taken 58 00:03:04,309 --> 00:03:06,058 or even your sleep activity. 59 00:03:07,154 --> 00:03:10,978 It's hardly the most sophisticated neuroimaging technique on the market. 60 00:03:11,740 --> 00:03:14,103 But it's already the most portable 61 00:03:14,103 --> 00:03:17,255 and the most likely to impact our everyday lives. 62 00:03:18,019 --> 00:03:19,264 This is extraordinary. 63 00:03:19,482 --> 00:03:21,971 Through a simple, wearable device, 64 00:03:21,971 --> 00:03:25,616 we can literally see inside the human brain 65 00:03:25,616 --> 00:03:29,229 and learn aspects of our mental landscape 66 00:03:29,229 --> 00:03:32,279 without ever uttering a word. 67 00:03:32,829 --> 00:03:36,601 While we can't reliably decode complex thoughts just yet, 68 00:03:36,601 --> 00:03:39,143 we can already gage a person's mood, 69 00:03:39,143 --> 00:03:42,039 and with the help of artificial intelligence, 70 00:03:42,039 --> 00:03:46,530 we can even decode some single-digit numbers 71 00:03:46,530 --> 00:03:51,217 or shapes or simple words that a person is thinking 72 00:03:51,217 --> 00:03:53,768 or hearing, or seeing. 73 00:03:54,306 --> 00:03:57,806 Despite some inherent limitations in EEG, 74 00:03:57,806 --> 00:04:02,502 I think it's safe to say that with our advances in technology, 75 00:04:02,502 --> 00:04:06,274 more and more of what's happening in the human brain 76 00:04:06,274 --> 00:04:08,873 can and will be decoded over time. 77 00:04:09,442 --> 00:04:13,909 Already, using one of these devices, an epileptic can know 78 00:04:13,909 --> 00:04:16,785 they're going to have an epileptic seizure before it happens. 79 00:04:16,911 --> 00:04:21,712 A paraplegic can type on a computer with their thoughts alone. 80 00:04:22,613 --> 00:04:26,761 A US-based company has developed a technology to embed these censors 81 00:04:26,761 --> 00:04:29,088 into the headrest of automobilies 82 00:04:29,088 --> 00:04:31,579 so they can track driver concentration, 83 00:04:31,579 --> 00:04:32,582 distraction 84 00:04:32,582 --> 00:04:34,579 and cognitive load while driving. 85 00:04:34,937 --> 00:04:38,995 Nissan, insurance companies and AAA have all taken note. 86 00:04:40,147 --> 00:04:44,600 You could even watch this choose-your-own-adventure movie, 87 00:04:44,600 --> 00:04:46,053 "The Moment," 88 00:04:46,053 --> 00:04:48,745 which, with an EEG headset, 89 00:04:48,745 --> 00:04:52,838 changes the movie based on your brain-based reactions, 90 00:04:52,838 --> 00:04:57,191 giving you a different ending every time your attention wanes. 91 00:04:59,226 --> 00:05:02,005 This may all sound great, 92 00:05:02,005 --> 00:05:04,154 and as a bioethicist, 93 00:05:04,154 --> 00:05:07,985 I am a huge proponent of empowering people 94 00:05:07,985 --> 00:05:10,535 to take charge of their own health and wellbeing 95 00:05:10,535 --> 00:05:13,476 by giving them access to information about themselves, 96 00:05:13,476 --> 00:05:16,452 including this incredible, new, brain-decoding technology. 97 00:05:18,014 --> 00:05:19,181 But I worry. 98 00:05:19,760 --> 00:05:24,695 I worry that we will voluntarily or involuntarily give up 99 00:05:24,695 --> 00:05:27,552 our last bastion of freedom, 100 00:05:27,552 --> 00:05:29,006 our mental privacy. 101 00:05:29,374 --> 00:05:32,384 That we will trade our brain activity 102 00:05:32,384 --> 00:05:36,534 for rebates or discounts on insurance, 103 00:05:36,534 --> 00:05:40,508 or free access to social media accounts ... 104 00:05:40,508 --> 00:05:42,356 or even to keep our jobs. 105 00:05:43,060 --> 00:05:46,469 In fact, in China, 106 00:05:46,469 --> 00:05:52,299 the train drivers on the Beijing-Shanghai high-speed rail, 107 00:05:52,299 --> 00:05:54,724 the busiest of its kind in the world, 108 00:05:54,724 --> 00:05:57,407 are required to wear EEG devices 109 00:05:57,407 --> 00:05:59,834 to monitor their brain activity while driving. 110 00:06:00,189 --> 00:06:02,506 According to some news sources, 111 00:06:02,506 --> 00:06:05,206 in government-run factories in China, 112 00:06:05,206 --> 00:06:10,577 the workers are required to wear EEG censors to monitor their productivity 113 00:06:10,577 --> 00:06:12,692 and their emotional state at work. 114 00:06:13,482 --> 00:06:15,752 Workers are even sent home 115 00:06:15,752 --> 00:06:19,806 if their brains show less-than-stellar concentration on their jobs, 116 00:06:19,806 --> 00:06:21,928 or emotional agitation. 117 00:06:23,340 --> 00:06:25,085 It's not going to happen tomorrow, 118 00:06:25,085 --> 00:06:28,171 but we're headed to a world of brain transparency. 119 00:06:28,641 --> 00:06:32,081 And I don't think people understand that that could change everything. 120 00:06:32,498 --> 00:06:36,284 Everything from our definitions of data privacy to our laws, 121 00:06:36,284 --> 00:06:38,084 to our ideas about freedom. 122 00:06:38,771 --> 00:06:41,832 In fact, in my lab at Duke University, 123 00:06:41,832 --> 00:06:43,898 we recently conducted a nationwide study 124 00:06:43,898 --> 00:06:45,134 in the United States 125 00:06:45,134 --> 00:06:47,173 to see if people appreciated 126 00:06:47,173 --> 00:06:49,244 the sensitivity of their brain information. 127 00:06:50,412 --> 00:06:53,736 We asked people to rate their perceived sensitivity 128 00:06:53,736 --> 00:06:56,151 of 33 different kinds of information, 129 00:06:56,151 --> 00:06:58,235 from their social security numbers 130 00:06:58,235 --> 00:07:00,984 to the content of their phone conversations, 131 00:07:00,984 --> 00:07:03,200 their relationship history, 132 00:07:03,200 --> 00:07:05,249 their emotions, their anxiety, 133 00:07:05,249 --> 00:07:07,089 the mental images in their mind 134 00:07:07,089 --> 00:07:08,627 and the thoughts in their mind. 135 00:07:09,537 --> 00:07:14,789 Shockingly, people rated their social security number as far more sensitive 136 00:07:14,789 --> 00:07:17,065 than any other kind of information, 137 00:07:17,065 --> 00:07:19,500 including their brain data. 138 00:07:20,523 --> 00:07:23,721 I think this is because people don't yet understand 139 00:07:23,731 --> 00:07:28,043 or believe the implications of this new brain-decoding technology. 140 00:07:28,693 --> 00:07:32,053 After all, if we can know the inner workings of the human brain, 141 00:07:32,053 --> 00:07:34,782 our social security numbers are the least of our worries. 142 00:07:34,782 --> 00:07:36,090 (Laughter) 143 00:07:36,090 --> 00:07:37,280 Think about it. 144 00:07:37,280 --> 00:07:39,783 In a world of total brain transparency, 145 00:07:39,783 --> 00:07:42,209 who would dare have a politically dissident thought? 146 00:07:43,470 --> 00:07:45,011 Or a creative one? 147 00:07:45,575 --> 00:07:49,194 I worry that people will self-censor 148 00:07:49,194 --> 00:07:52,494 in fear of being ostracized by society, 149 00:07:52,494 --> 00:07:56,330 or that people will lose their jobs because of their waning attention 150 00:07:56,330 --> 00:07:58,503 or emotional instability, 151 00:07:58,503 --> 00:08:02,053 or because they're contemplating collective action against their employers. 152 00:08:02,677 --> 00:08:05,838 That coming out will no longer be an option 153 00:08:05,838 --> 00:08:10,968 because people's brains will long ago have revealed their sexual orientation, 154 00:08:10,968 --> 00:08:12,739 their political ideaology, 155 00:08:12,739 --> 00:08:14,729 or their religious preferences, 156 00:08:14,729 --> 00:08:17,746 well before they were ready to conciously share that information 157 00:08:17,746 --> 00:08:18,999 with other people. 158 00:08:19,629 --> 00:08:24,541 I worry about the ability of our laws to keep up with technological change. 159 00:08:24,986 --> 00:08:27,229 Take the First Amendment of the US Constitution, 160 00:08:27,229 --> 00:08:28,930 which protects freedom of speech. 161 00:08:29,368 --> 00:08:31,540 Does it also protect freedom of thought? 162 00:08:32,174 --> 00:08:35,962 And if so, does that mean that we're free to alter our thoughts however we want? 163 00:08:36,177 --> 00:08:40,851 Or can the government or society tell us what we can do with our own brains? 164 00:08:41,750 --> 00:08:45,467 Can the NSA spy on our brains using these new mobile devices? 165 00:08:46,157 --> 00:08:50,316 Can the companies that collect the brain data through their applications 166 00:08:50,316 --> 00:08:52,390 sell this information to third parties? 167 00:08:53,214 --> 00:08:56,600 Right now, no laws prevent them from doing so. 168 00:08:57,363 --> 00:08:59,348 It could be even more problematic 169 00:08:59,348 --> 00:09:01,906 in countries that don't share the same freedoms 170 00:09:01,906 --> 00:09:04,009 enjoyed by people in the United States. 171 00:09:05,011 --> 00:09:08,787 What would've happened during the Iranian Green Movement 172 00:09:08,787 --> 00:09:12,635 if the government had been monitoring my family's brain activity, 173 00:09:12,635 --> 00:09:16,642 and had believed them to be sympathetic to the protesters? 174 00:09:18,242 --> 00:09:21,273 Is it so far-fetched to imagine a society 175 00:09:21,273 --> 00:09:24,065 in which people are arrested based on their thoughts 176 00:09:24,065 --> 00:09:25,343 of committing a crime? 177 00:09:25,343 --> 00:09:29,655 LIke in the science-fiction, dystopian society in "Minority Report." 178 00:09:30,366 --> 00:09:33,432 Already, in the United States, 179 00:09:33,432 --> 00:09:34,832 in Indiana, 180 00:09:34,832 --> 00:09:39,735 an 18-year-old was charged with attempting to intimidate his school 181 00:09:39,735 --> 00:09:44,080 by posting a video of himself shooting people in the hallways ... 182 00:09:44,080 --> 00:09:46,968 except the people were zombies 183 00:09:46,968 --> 00:09:52,038 and the video was of him playing and augmented-reality video game, 184 00:09:52,038 --> 00:09:56,810 all interpreted to be a mental projection of his subjective intent. 185 00:09:58,607 --> 00:10:02,944 This is exactly why our brains need special protection. 186 00:10:03,331 --> 00:10:06,866 If our brains are just as subject to data tracking and aggregation 187 00:10:06,876 --> 00:10:09,324 as our financial records and transactions, 188 00:10:09,324 --> 00:10:13,665 if you brains can be hacked and tracked like our online activities, 189 00:10:13,665 --> 00:10:16,089 our mobile phones and applications, 190 00:10:16,089 --> 00:10:20,575 then we're on the brink of a dangerous threat to our collective humanity. 191 00:10:21,493 --> 00:10:24,092 Before you panic, 192 00:10:24,092 --> 00:10:27,342 I believe that there are solutions to these concerns, 193 00:10:27,342 --> 00:10:30,167 but we have to start by focusing on the right things. 194 00:10:30,612 --> 00:10:33,589 When it comes to privacy protections in general, 195 00:10:33,589 --> 00:10:35,438 I think we're fighting a losing battle 196 00:10:35,438 --> 00:10:38,022 by trying to restrict the flow of information. 197 00:10:38,273 --> 00:10:42,505 Instead, we should be focusing on securing rights and remedies 198 00:10:42,505 --> 00:10:44,780 against the misuse of our information. 199 00:10:45,403 --> 00:10:48,680 If people had the right to decide how their information was shared, 200 00:10:48,680 --> 00:10:49,929 and more importantly, 201 00:10:49,929 --> 00:10:51,642 have legal redress, 202 00:10:51,642 --> 00:10:53,817 if their information was misused against them, 203 00:10:53,817 --> 00:10:56,871 say to discriminate against them in an employment setting 204 00:10:56,871 --> 00:10:59,679 or in health care and education, 205 00:10:59,679 --> 00:11:02,407 this would go a long way to build trust. 206 00:11:02,843 --> 00:11:04,796 In fact, in some instances, 207 00:11:04,796 --> 00:11:08,320 we want to be sharing more of our personal information. 208 00:11:08,968 --> 00:11:11,984 Studying aggregated information can tell us so much 209 00:11:11,984 --> 00:11:14,697 about our health and our wellbeing, 210 00:11:14,697 --> 00:11:18,033 but to be able to safely share our information, 211 00:11:18,033 --> 00:11:21,256 we need special protections for mental privacy. 212 00:11:21,888 --> 00:11:25,229 This is why we need a right to cognitive liberty. 213 00:11:25,662 --> 00:11:29,842 This right would secure for us our freedom of thought and rumination, 214 00:11:29,842 --> 00:11:32,307 our freedom of self-determination 215 00:11:32,307 --> 00:11:36,656 and it would insure that we have the right to consent to or refuse 216 00:11:36,656 --> 00:11:39,513 access and alteration of our brains by others. 217 00:11:39,891 --> 00:11:42,081 This right could be recognized 218 00:11:42,081 --> 00:11:44,958 as part of the universal declaration of human rights, 219 00:11:44,958 --> 00:11:47,266 which has established mechanisms 220 00:11:47,266 --> 00:11:50,122 for the enforcement of these kinds of social rights. 221 00:11:51,872 --> 00:11:54,149 During the Iranian Green Movement, 222 00:11:54,149 --> 00:11:59,320 the protesters used the internet and good old-fashioned word of mouth 223 00:11:59,320 --> 00:12:01,268 to coordinate their marches. 224 00:12:02,373 --> 00:12:05,134 And some of the most oppressive restrictions in Iran 225 00:12:05,134 --> 00:12:07,011 were lifted as a result. 226 00:12:08,135 --> 00:12:12,302 But what if the Iranian government had used brain surveillance 227 00:12:12,302 --> 00:12:15,363 to detect and prevent the protest? 228 00:12:16,982 --> 00:12:20,350 Would the world have ever heard the protester's cries? 229 00:12:21,867 --> 00:12:26,988 The time has come for us to call for a cognitive liberty revolution. 230 00:12:27,695 --> 00:12:30,982 To make sure that we responsibly advance technology 231 00:12:30,982 --> 00:12:33,928 that can enable us to embrace the future 232 00:12:33,928 --> 00:12:37,206 while fiercely protecting all of us 233 00:12:37,206 --> 00:12:40,678 from any person, company or government 234 00:12:40,678 --> 00:12:45,718 that attempts to unlawfully access or alter our innermost lives. 235 00:12:46,731 --> 00:12:47,877 Thank you. 236 00:12:48,305 --> 00:12:50,491 (Applause)