Person, or property? Brain-Computer Interface technology and the law

Abstract

Discussions of robotics and the law are often limited to ‘what technology harms humans’, rather than considering what it means when ‘humans harm technology’. This article looks to advancements of Brain-Computer Interface (BCI) technology to argue how this can be an extension of individuals and therefore causes complicated legal questions that are yet to be resolved. This article identifies the law and explains BCI technology within the context of Australian criminal, property, negligence, personal injury and civil procedure laws. These areas of law need to be read with a clearer understanding of the way that technology is advancing. Currently these areas are not sufficiently prepared to respond to questions of BCI technology and where the human body begins and ends.