Neuro-Rights and New Charts of Digital Rights: A Dialogue Beyond the Limits of the Law

Abstract

Abstract: In this article, the authors address some of the most pressing issues that stem from the relationship between the technological advancements of the twenty-first century and legal regulation. The development of neurotechnology and artificial intelligence (AI), while offering considerable opportunities for the betterment of social life, also poses unprecedented risks. These challenges manifest in a wide variety of topics. Areas such as human rights treaties, antitrust law, property law, and labor law are affected by these developments. The risks associated with the unregulated use of neurotechnology and AI do not cease at the sectorial stage. Some of the values upon which current democratic systems and governance models are built could be equally threatened. In anticipation of the harming potential of unmitigated technological advances, some governments and international institutions have enacted legal provisions to regulate the current digital landscape. These normative instruments, including the Chilean Constitutional Amendment and European Charts of Digital Rights, are also analyzed in the following pages. The purpose of this article is not purely descriptive, but rather to spark a debate among legal scholars and experts in their respective fields. The approach followed here, dialogical in its nature, may provide a model for further collaboration. It is the authors' understanding that the regulation of neurotechnology and AI requires an interdisciplinary approach that is transnational in its scope.