Applying the Brain-Computer Interface Discourse to Negligence

Abstract

The incorporation of brain-computer interface (“BCI”)—sophisticated bio-digital neural interface technologies—into the human body introduces new complexity in attributing liability for acts and omissions. This article argues that the BCI discourse in the science and philosophy disciplines, including ethics, psychology, technology, and artificial intelligence, will assist the courts in applying the law of negligence where a party has a BCI. This is achieved by examining the dynamics of BCI control and identifying the reasonable foreseeability of the risk of harm to others. The BCI discourse also provides insight into the precautions the BCI user could take against this risk of harm.

 

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Applying the Brain-Computer Interface Discourse to Negligence

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