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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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Neuroforensics

Exploring the Legal Implications
of Emerging Neurotechnologies

PROCEEDINGS OF A WORKSHOP

Lisa Bain, Noam I. Keren, Sheena M. Posey Norris, and
Clare Stroud, Rapporteurs

Forum on Neuroscience and
Nervous System Disorders

Board on Health Sciences Policy

Health and Medicine Division

Committee on Science, Technology, and Law

Policy and Global Affairs

images

THE NATIONAL ACADEMIES PRESS
Washington, DC
www.nap.edu

Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×

THE NATIONAL ACADEMIES PRESS 500 Fifth Street, NW Washington, DC 20001

This activity was supported by contracts between the National Academy of Sciences and the Alzheimer’s Association; Brain Canada Foundation; Cohen Veterans Bioscience; Department of Health and Human Services’ Food and Drug Administration (5R13FD005362-02) and National Institutes of Health (NIH) (HHSN26300089 [Under Master Base #DHHS-10002880]) through the National Center for Complementary and Integrative Health, National Eye Institute, National Institute of Mental Health, National Institute of Neurological Disorders and Stroke, National Institute on Aging, National Institute on Alcohol Abuse and Alcoholism, National Institute on Drug Abuse, and NIH Blueprint for Neuroscience Research; Department of Veterans Affairs (VA240-14-C-0057); Eli Lilly and Company; Foundation for the National Institutes of Health; Gatsby Charitable Foundation; George and Anne Ryan Institute for Neuroscience at The University of Rhode Island; Janssen Research & Development, LLC; Lundbeck Research USA; Merck Research Laboratories; The Michael J. Fox Foundation for Parkinson’s Research; National Multiple Sclerosis Society; National Science Foundation (BCS-1064270); One Mind; Pfizer Inc.; Pharmaceutical Product Development, LLC; Sanofi; Society for Neuroscience; Takeda Pharmaceuticals International, Inc.; and Wellcome Trust. Any opinions, findings, conclusions, or recommendations expressed in this publication do not necessarily reflect the views of any organization or agency that provided support for the project.

International Standard Book Number-13: 978-0-309-47779-6
International Standard Book Number-10: 0-309-47779-4
Digital Object Identifier: https://doi.org/10.17226/25150

Additional copies of this publication are available for sale from the National Academies Press, 500 Fifth Street, NW, Keck 360, Washington, DC 20001; (800) 624-6242 or (202) 334-3313; http://www.nap.edu.

Copyright 2018 by the National Academy of Sciences. All rights reserved.

Printed in the United States of America

Cover image courtesy of Dr. Jack Gallant, University of California, Berkeley.

Suggested citation: National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the legal implications of emerging neurotechnologies: Proceedings of a workshop. Washington, DC: The National Academies Press. doi: https://doi.org/10.17226/25150.

Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×

Image

The National Academy of Sciences was established in 1863 by an Act of Congress, signed by President Lincoln, as a private, nongovernmental institution to advise the nation on issues related to science and technology. Members are elected by their peers for outstanding contributions to research. Dr. Marcia McNutt is president.

The National Academy of Engineering was established in 1964 under the charter of the National Academy of Sciences to bring the practices of engineering to advising the nation. Members are elected by their peers for extraordinary contributions to engineering. Dr. C. D. Mote, Jr., is president.

The National Academy of Medicine (formerly the Institute of Medicine) was established in 1970 under the charter of the National Academy of Sciences to advise the nation on medical and health issues. Members are elected by their peers for distinguished contributions to medicine and health. Dr. Victor J. Dzau is president.

The three Academies work together as the National Academies of Sciences, Engineering, and Medicine to provide independent, objective analysis and advice to the nation and conduct other activities to solve complex problems and inform public policy decisions. The National Academies also encourage education and research, recognize outstanding contributions to knowledge, and increase public understanding in matters of science, engineering, and medicine.

Learn more about the National Academies of Sciences, Engineering, and Medicine at www.nationalacademies.org.

Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×

Image

Consensus Study Reports published by the National Academies of Sciences, Engineering, and Medicine document the evidence-based consensus on the study’s statement of task by an authoring committee of experts. Reports typically include findings, conclusions, and recommendations based on information gathered by the committee and the committee’s deliberations. Each report has been subjected to a rigorous and independent peer-review process and it represents the position of the National Academies on the statement of task.

Proceedings published by the National Academies of Sciences, Engineering, and Medicine chronicle the presentations and discussions at a workshop, symposium, or other event convened by the National Academies. The statements and opinions contained in proceedings are those of the participants and are not endorsed by other participants, the planning committee, or the National Academies.

For information about other products and activities of the National Academies, please visit www.nationalacademies.org/about/whatwedo.

Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×

PLANNING COMMITTEE ON NEUROSCIENCE AND THE LAW: EXPLORING THE LEGAL IMPLICATIONS OF EMERGING NEUROTECHNOLOGIES1

HENRY T. GREELY (Co-Chair), Stanford University

STEVEN HYMAN (Co-Chair), Broad Institute of Massachusetts Institute of Technology and Harvard University

JOE S. CECIL, Federal Judicial Center (retired)

NITA FARAHANY, Duke University

OWEN JONES, Vanderbilt University

BEATRIZ LUNA, University of Pittsburgh

BENJAMIN NEALE, Harvard Medical School

HOWARD NUSBAUM, The University of Chicago

JED S. RAKOFF, U.S. District Court for the Southern District of New York

KHARA RAMOS, National Institute of Neurological Disorders and Stroke

ADINA ROSKIES, Dartmouth College

BARBARA J. ROTHSTEIN, U.S. District Court for the District of Columbia

JOSHUA R. SANES, Harvard University

National Academies of Sciences, Engineering, and Medicine Staff

CLARE STROUD, Director, Forum on Neuroscience and Nervous System Disorders

SHEENA M. POSEY NORRIS, Program Officer

NOAM I. KEREN, Associate Program Officer

DANIEL FLYNN, Research Assistant

ANDREW M. POPE, Senior Director, Board on Health Sciences Policy

ANNE-MARIE MAZZA, Senior Director, Committee on Science, Technology, and Law

___________________

1 The National Academies of Sciences, Engineering, and Medicine’s planning committees are solely responsible for organizing the workshop, identifying topics, and choosing speakers. The responsibility for the published Proceedings of a Workshop rests with the workshop rapporteurs and the institution.

Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×

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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×

FORUM ON NEUROSCIENCE AND NERVOUS SYSTEM DISORDERS1

STEVEN HYMAN (Chair), Broad Institute of Massachusetts Institute of Technology and Harvard University

STORY LANDIS (Vice Chair), Director Emeritus, National Institute of Neurological Disorders and Stroke

SUSAN AMARA, Society for Neuroscience

RITA BALICE-GORDON, Sanofi

KATJA BROSE, Chan Zuckerberg Initiative

EMERY BROWN, Harvard Medical School and Massachusetts Institute of Technology

DANIEL BURCH, Pharmaceutical Product Development, LLC

JOSEPH BUXBAUM, Icahn School of Medicine at Mount Sinai

SARAH CADDICK, Gatsby Charitable Foundation

ROSA CANET-AVILES, Foundation for the National Institutes of Health

MARIA CARRILLO, Alzheimer’s Association

E. ANTONIO CHIOCCA, Harvard Medical School

TIMOTHY COETZEE, National Multiple Sclerosis Society

JONATHAN COHEN, Princeton University

FAY LOMAX COOK, National Science Foundation

JAMES DESHLER, National Science Foundation

BILLY DUNN, Food and Drug Administration

MICHAEL EGAN, Merck Research Laboratories

JOSHUA GORDON, National Institute of Mental Health

HENRY T. GREELY, Stanford University

RAQUEL GUR, University of Pennsylvania

MAGALI HAAS, Cohen Veterans Bioscience

RAMONA HICKS, One Mind

RICHARD HODES, National Institute on Aging

STUART HOFFMAN, Department of Veterans Affairs

MICHAEL IRIZARRY, Eli Lilly and Company

INEZ JABALPURWALA, Brain Canada Foundation

FRANCES JENSEN, University of Pennsylvania

___________________

1 The National Academies of Sciences, Engineering, and Medicine’s forums and roundtables do not issue, review, or approve individual documents. The responsibility for the published Proceedings of a Workshop rests with the workshop rapporteurs and the institution.

Page viii Cite
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×

GEORGE KOOB, National Institute on Alcohol Abuse and Alcoholism

WALTER KOROSHETZ, National Institute of Neurological Disorders and Stroke

JOHN KRYSTAL, Yale University

ALAN LESHNER, American Association for the Advancement of Science (Emeritus)

HUSSEINI MANJI, Janssen Research & Development, LLC

ATUL PANDE, Tal Medical

STEVEN PAUL, Voyager Therapeutics, Inc.

EMILIANGELO RATTI, Takeda Pharmaceuticals International, Inc.

DOUGLAS SHEELEY, National Institute of Dental and Craniofacial Research

TODD SHERER, The Michael J. Fox Foundation for Parkinson’s Research

DAVID SHURTLEFF, National Center for Complementary and Integrative Health

PAUL SIEVING, National Eye Institute

NORA VOLKOW, National Institute on Drug Abuse

ANDREW WELCHMAN, Wellcome Trust

DOUG WILLIAMSON, Lundbeck

STEVIN ZORN, MindImmune Therapeutics, Inc.

Health and Medicine Division Staff

CLARE STROUD, Forum Director

SHEENA M. POSEY NORRIS, Program Officer

NOAM I. KEREN, Associate Program Officer

DANIEL FLYNN, Research Assistant

BARDIA MASSOUDKHAN, Financial Associate

ANDREW M. POPE, Senior Director, Board on Health Sciences Policy

Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×

COMMITTEE ON SCIENCE, TECHNOLOGY, AND LAW

DAVID BALTIMORE (Co-Chair), California Institute of Technology

DAVID S. TATEL (Co-Chair), U.S. Court of Appeals for the District of Columbia Circuit

THOMAS ALBRIGHT, Salk Institute for Biological Studies

ANN ARVIN, Stanford University

JOE S. CECIL, Federal Judicial Center (retired)

R. ALTA CHARO, University of Wisconsin–Madison

HARRY T. EDWARDS, U.S. Court of Appeals for the District of Columbia Circuit

CHARLES ELACHI, California Institute of Technology

JEREMY FOGEL, Federal Judicial Center

HENRY T. GREELY, Stanford University

MICHAEL IMPERIALE, University of Michigan

ROBERT S. LANGER, Massachusetts Institute of Technology

GOODWIN LIU, California Supreme Court

JUDITH MILLER, Independent Consultant

JENNIFER MNOOKIN, University of California, Los Angeles, School of Law

MARTINE A. ROTHBLATT, United Therapeutics

JOSHUA R. SANES, Harvard University

WILLIAM B. SCHULTZ, Zuckerman Spaeder LLP

SUSAN S. SILBEY, Massachusetts Institute of Technology

DAVID VLADECK, Georgetown Law School

SUSAN WESSLER, University of California, Riverside

Committee on Science, Technology, and Law Staff

ANNE-MARIE MAZZA, Senior Director

STEVEN KENDALL, Program Officer

KAROLINA KONARZEWSKA, Program Coordinator

Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×

This page intentionally left blank.

Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×

Reviewers

This Proceedings of a Workshop was reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise. The purpose of this independent review is to provide candid and critical comments that will assist the National Academies of Sciences, Engineering, and Medicine in making each published proceedings as sound as possible and to ensure that it meets the institutional standards for quality, objectivity, evidence, and responsiveness to the charge. The review comments and draft manuscript remain confidential to protect the integrity of the process.

We thank the following individuals for their review of this proceedings:

MARTHA FARAH, University of Pennsylvania

WALTER KOROSHETZ, National Institute of Neurological Disorders and Stroke

PATTI SARIS, U.S. District Court for the District of Massachusetts

Although the reviewers listed above provided many constructive comments and suggestions, they were not asked to endorse the content of the proceedings nor did they see the final draft before its release. The review of this proceedings was overseen by ELI Y. ADASHI, Brown University. He was responsible for making certain that an independent examination of this proceedings was carried out in accordance with standards of the National Academies and that all review comments were carefully considered. Responsibility for the final content rests entirely with the rapporteurs and the National Academies.

Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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This page intentionally left blank.

Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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PageR7
Page viii Cite
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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PageR9
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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PageR11
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×
PageR12
Page xiii Cite
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
×
PageR13
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2018. Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop. Washington, DC: The National Academies Press. doi: 10.17226/25150.
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PageR14
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Neuroforensics: Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop Get This Book
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Technological advances in noninvasive neuroimaging, neurophysiology, genome sequencing, and other methods together with rapid progress in computational and statistical methods and data storage have facilitated large-scale collection of human genomic, cognitive, behavioral, and brain-based data. The rapid development of neurotechnologies and associated databases has been mirrored by an increase in attempts to introduce neuroscience and behavioral genetic evidence into legal proceedings.

In March 2018, the National Academies of Science, Engineering and Medicine organized a workshop in order to explore the current uses of neuroscience and bring stakeholders from neuroscience and legal societies together in both the United Kingdom and the United States. Participants worked together to advance an understanding of neurotechnologies that could impact the legal system and the state of readiness to consider these technologies and where appropriate, to integrate them into the legal system. This publication summarizes the presentations and discussions from the workshop.

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