Cyborg Rights Roger Clarke Xamax Consultancy Canberra Visiting

Cyborg Rights Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Cyberspace Law & Policy, UNSW and in Computer Science, ANU IEEE International Symposium on Technology and Society (ISTAS 2010), University of Wollongong 7 -9 June 2010 http: //www. rogerclarke. com/SOS/Cy. Rts {. html, . ppt} Copyright 2010 1

Cyborg Rights The Topic Area • • Interventions with the human body Electrical and electro-mechanical interventions (rather than biological, neurological, cognitive, . . . ) Not speculative, nor even futuristic, but contemporary Implications are current and near-future Copyright 2010 2

Cyborg Rights Agenda • Progress Report on Cyborgisation • Model and Proposed Terminology / Dialect Rights • • Cases Their Implications for Rights • Responsibilities of the Engineering Profession • Copyright 2010 3

Single Above-The-Knee Amputee Earle Connor CA 12. 08 seconds for 100 m (avge 29 kph) A Mechanical Substitute Copyright 2010 From: http: //www. paralympic. ca/english/athens 2004/Athletes/CONNOR_EARLE. asp 4

Double Below-The-Knee Amputee Oscar Pistorius ZA 21. 58 seconds for 200 m (avge 33. 36 kph) Improvements needed 2005 -08: 5% for the QF 6. 5% for the SF 10% for Olympic Gold A Mechanical Enhancement? Copyright 2010 From: IEEE Spectrum, June 2005, p. 13 http: //www. spectrum. ieee. org/WEBONLY/resource/jun 05/0605 nspo. html 5

Above-the-Elbow Amputee Peter Eberle AU “The nerves at the top of the arm tell the muscles to contract. … The muscle emits myo-electrical impulses that are detected by the arm’s CPU, which tells the motor in the hand to move” An Electro-Mechanical Prosthesis Interfaced and/or Integrated (Otto Bock Ltd & Gmb. H) From: ‘Keen gardener gets dynamic lifter’ The Sydney Morning Herald, 5 July 2005 Copyright 2010 6

Steve Mann’s Wearcam, Sousveillance, etc. An External Sight-Enhancer – transmission, recording, augmented display Copyright

Stelarc’s Performance Art Extensions to the Human Neural System Copyright 2010 From: http: //www.

Various Retinal Implant Projects since the Late 1970 s Boston, UNSW et al. ,

Cochlear Implants – In Use Since 1978/83 Electrical pulses stimulate the auditory nerve, generating an accurate impression of sound An Australian innovation, with an inferior US device close behind Copyright 2010 Image from: http: //www. Bionic. Ear. org/ 10

NICTA's Neural Interfaces / Active Implants Projects Copyright 2010 http: //www. nicta. com. au/research/projects/implant_systems

• Tattletales ". . . But if we do let you go, you must agree to carry tattletales with you at all times. Inquire of your attorney Mr. Sharp if that will be acceptable. " "What the hell is a tattletale? " Joe Schilling asked. "A tracing device, " Hawthorne said. "It will inform us where each of you are at all times" Philip K. Dick, 1963 Copyright 2010 12

Attachments for Felons (and Remandees, and. . . ) • Tattletales ". . . But if we do let you go, you must agree to carry tattletales with you at all times. Inquire of your attorney Mr. Sharp if that will be acceptable. " "What the hell is a tattletale? " Joe Schilling asked. "A tracing device, " Hawthorne said. "It will inform us where each of you are at all times" Philip K. Dick, 1963 • Ankle Monitors / Electronic Tagging of Humans First officially sanctioned use, in New Mexico, 1983 Copyright 2010 14

Copyright 2010 Continuous Chip-Monitoring 15

Human Implantation • • Radiant – a substance injected into the shoulder, providing positioning, information – Jack Vance, 1954 The Ring – 'A surgically implanted electronic monitor that caused agony when a convict strayed. . . ' – Piers Anthony and Robert Margroff, 1968 Skull Bug – Electronic device implanted in the cranium at birth, for monitoring and control – Alfred Bester, 1974 Copyright 2010 17

Human Implantation • • • Radiant – a substance injected into the shoulder, providing positioning, information – Jack Vance, 1954 The Ring – 'A surgically implanted electronic monitor that caused agony when a convict strayed. . . ' – Piers Anthony and Robert Margroff, 1968 Skull Bug – Electronic device implanted in the cranium at birth, for monitoring and control – Alfred Bester, 1974 Resistance from a journal editor about the idea – 1992 Copyright 2010 18

Human Implantation • • Radiant – a substance injected into the shoulder, providing positioning, information – Jack Vance, 1954 The Ring – 'A surgically implanted electronic monitor that caused agony when a convict strayed. . . ' – Piers Anthony and Robert Margroff, 1968 Skull Bug – Electronic device implanted in the cranium at birth, for monitoring and control – Alfred Bester, 1974 Resistance from a journal editor about the idea – 1992 First chip implantation in animals – 1991 Copyright 2010 19

Voluntary Chip-Implants First voluntary chip implantation in a human – 1998 At first, Electromechanical

Copyright 2010 Not-So-Voluntary Chip Implants 21

Human Implantation • • • Radiant – a substance injected into the shoulder, providing positioning, information – Jack Vance, 1954 The Ring – 'A surgically implanted electronic monitor that caused agony when a convict strayed. . . ' – Piers Anthony and Robert Margroff, 1968 Skull Bug – Electronic device implanted in the cranium at birth, for monitoring and control – Alfred Bester, 1974 Resistance from a journal editor about the idea – 1992 First chip implantation in animals – 1991 First voluntary chip implantation in humans – 1998 First imposed chip implantation in humans – 2007 Copyright 2010 22

Aside: Security and Privacy of Implants • • Copyright 2010 Identifiers cf. Authenticators Open Data cf. ‘Shared Secrets’ Masquerade, esp. Replay Attacks Full Gamut of Privacy Concerns – Id, Locn, Tracking The Life-Cycle of Data: • Collection, Storage, Use, Disclosure, Retention Consent, Control, Justification Public Expectations / Project and Investment Risk Laws (beyond the highly inadequate US norms) 24

Speculative Extensions New Sensors • Stelarc’s muscles stimulated by external forces such as local internet traffic • Magnetic and Electrical fields • Gravity • Telepathy, … • . . . New Effectors • Induction • Telepathy, Telekinesis, … • . . . Copyright 2010 25

Speculative Extensions New Sensors • Stelarc’s muscles stimulated by external forces such as local internet traffic • Magnetic and Electrical fields • Gravity • Telepathy, … • . . . New Effectors • Induction • Telepathy, Telekinesis, … • . . . Copyright 2010 ‘Jacking in’ (Vinge, Gibson, . . . ) Constructs / Partials / Dittos (Gibson, Bear, Egan, Brin, . . . ) Uploading (Moravec) Transhumanism (Esfandiary) The Singularity (Vinge) 26

A Framework to Encompass All of These? • • Walking-sticks, . . . Spectacles, Contact lenses, Laser Eye Surgery, Hearing-aids, … Stents, renal dialysis machines, iron lungs, . . . Artificial Limbs Shoulder, hip, knee replacements Organ transplants Artificial organs (pig-hearts) Gene Therapy (cystic fibrosis) Copyright 2010 • • • Skis, cricket bats, . . . Binoculars, telescopes, infra-red glasses, . . . Decompression chambers, divers' suits, space-suits, . . . Teleoperation through Remotely-Controlled Arms, Haptics (tele-feedback to touch), . . . Elbows for pitchers Gene Screening for an embryo, for a foetus 27

Origins of the Term 'Cyborg' • 'Cybernetics' – Norbert Wiener – 1948 control of human-designed processes through feedback and response • 'Cybernetic Organism' contracted to 'Cyborg' Clynes & Kline – 1960 an enhanced human being to survive in extraterrestrial environments "the exogenously extended organizational complex functioning as an integrated homeostatic system unconsciously" A human with whom mechanical and/or electronic parts have been integrated. . . with functionality extended beyond that of a normal human being, cf. 'Bionic Implants' from two TV series • OED: "an artificial, esp. electromechanical, device that replaces part of the body; having ordinary human capabilities increased (as if) by the aid of such devices" Copyright 2010 28

Proposed Definitions PROSTHESIS (or Prosthetic n. ): An artefact that provides the human body with previously missing functionality or overcomes defective functionality ORTHOSIS (or Orthotic n. ): An artefact that supplements or extends a human's capabilities Copyright 2010 29

Proposed Definitions PROSTHESIS (or Prosthetic n. ): An artefact that provides the human body with previously missing functionality or overcomes defective functionality cf. Warwick & Gasson - Restorative & Normalising ORTHOSIS (or Orthotic n. ): An artefact that supplements or extends a human's capabilities cf. Warwick & Gasson - Reconfiguring & Enhancing Copyright 2010 30

Sub-Categories External Prosthesis Separate from the human body but satisfactorily interfaced with it Spectacles, walking sticks, crutches, renal dialysis, heart-lung machines Exo-Prosthesis On an extremity of the human body and satisfactorily interfaced with it Endo-Prosthesis Internal to the human body and satisfactorily interfaced with it Copyright 2010 31

Sub-Categories External Prosthesis Separate from the human body but satisfactorily interfaced with it Spectacles, walking sticks, crutches, renal dialysis, heart-lung machines Exo-Prosthesis On an extremity of the human body and satisfactorily interfaced with it Contact lenses, conventional artificial hands, arms and legs Endo-Prosthesis Internal to the human body and satisfactorily interfaced with it Artificial hips, knees, stents, pacemakers, implants (cochlear, lenses) Copyright 2010 32

Sub-Categories External Prosthesis External Orthosis Separate from the human body but satisfactorily interfaced with it Spectacles, walking sticks, crutches, Telescopes, microscopes, golf-clubs, skis, renal dialysis, heart-lung machines snorkels, body-suits for knights, astronauts, deep-sea divers, competitive swimmers Exo-Prosthesis Exo-Orthosis On an extremity of the human body and satisfactorily interfaced with it Contact lenses, conventional artificial hands, arms and legs Extra fingers, highly-articulated joints, spring-steel legs Endo-Prosthesis Endo-Orthosis Internal to the human body and satisfactorily interfaced with it Artificial hips, knees, stents, pace- Chip implants (e. g. for id disclosure, makers, implants (cochlear , lenses) tracking, door opening, pain management) Copyright 2010 33

A Useful Definition for the Term 'Cyborg' • • • Copyright 2010 Prosthete A human with a prosthesis Orthot A human enhanced by means of an orthosis Cyborg The collective term for prosthetes and orthots A human with a prosthesis and/or an orthosis 34

A Useful Definition for the Term 'Cyborg' • • Copyright 2010 Prosthete A human with a prosthesis Orthot A human enhanced by means of an orthosis • Cyborg Collective term for prosthetes and orthots A human with a prosthesis and/or an orthosis • Mann & Niedzviecki (2001): "[A cyborg is] a person whose physiological functioning is aided by or dependent upon a mechanical or electronic device" 35

Characteristics of the Process • • Prosthetisation / Orthotisation The process of installing a prosthesis / orthosis Cyborgisation The process of installing a prosthesis or an orthosis The Subject's Permission • Voluntary subject-initiated – 1998 • Consensual other-party-initiated – 2004 • Involuntary other-party-imposed – 2007 The Subject's Knowledge • Overt known to the subject • Covert not known to the subject Copyright 2010 36

Rights • "Legal, social, or moral freedoms to act or refrain from acting, or entitlements to be acted upon or not acted upon". Protection of a person's rights depends on: • • laws – systems of rules, enforced through institutions the rule of law – above everyone and applies to everyone enforcement of the relevant laws Categories: • • A Liberty Right – a freedom or permission for the right-holder A Claim Right – entails responsibilities, duties, or obligations on other parties regarding the right-holder • Subject to adaptation, extension, reduction Copyright 2010 37

Case Studies – 1 and 2 • Spectacles, contact lenses, hearing aids – 'Quality of Life' Prosthetics A right to have? (Can an emergent right be detected in health and welfare systems that provide them on a cost-less or heavily subsidised basis? ) Copyright 2010 38

Case Studies – 1 and 2 • Spectacles, contact lenses, hearing aids – 'Quality of Life' Prosthetics A right to have? (Can an emergent right be detected in health and welfare systems that provide them on a cost-less or heavily subsidised basis? ) • Stents, pacemakers, renal dialysis, artificial hearts – Matter-of-Life-and-Death Prosthetics A right to have? How to determine allocation priorities? Patriotism (returning soldiers) and financial wealth? A right to remove or disconnect? Even if it means death? Copyright 2010 39

Case Study 4 – Virtual Prisons • • Prisoners as a condition of 'house-arrest' Parolees as a parole condition Remandees as a bail condition Ex-Prisoners • guilty of recidivist crimes • guilty of detested crimes Copyright 2010 40

Case Study 4 – Virtual Prisons • • Prisoners as a condition of 'house-arrest' Parolees as a parole condition Remandees as a bail condition Ex-Prisoners • guilty of recidivist crimes • guilty of detested crimes • • Copyright 2010 Reduces costs to the state and hence taxpayer Hence an incentive to extend their use 41

Case Study 4 – Virtual Prisons • • Prisoners as a condition of 'house-arrest' Parolees as a parole condition Remandees as a bail condition Ex-Prisoners • guilty of recidivist crimes • guilty of detested crimes • • Copyright 2010 • Other Institutionalised • Dementia sufferers • Comatose patients • Patients more generally Reduces costs to the state and hence taxpayer Hence an incentive to extend their use 42

Case Study 4 – Virtual Prisons • • Prisoners as a condition of 'house-arrest' Parolees as a parole condition Remandees as a bail condition Ex-Prisoners • guilty of recidivist crimes • guilty of detested crimes • • Copyright 2010 • Other Institutionalised • Dementia sufferers • Comatose patients • Patients more generally A right not to have? Reduces costs to the state and hence taxpayer Hence an incentive to extend their use 44

A right not to have? As discussed by the EU-EGE (2005) • • • Copyright 2010 Principles • Human Inviolability • Human Dignity Practice • “Unless urgent and justified” • “No less intrusive method available” Controls? • Approval and monitoring by an independent court 45

Case 5 – Handicapped Sports / 'The Diffabled' • The handicapped are protected by competing against others with similar disabilities / levels of disability • Rights? • Copyright 2010 for prosthetes to be protected from the ablebodied? 46

Australian Kurt Fearnley won his 4 th straight New York Marathon in November 2009 Fearnley's time of c. 1 hr 30 mins is c. 30% faster than the winning runner, who takes c. 2 hours 10 minutes Copyright 2010 http: //www. zimbio. com/pictures/Mrv. J 9 Gxk. SAo/ING+New+York+Marathon /syk. D 9 GT-l. GB/Kurt+Fearnley 47

Case 5 – Handicapped Sports / 'The Diffabled' • • • The handicapped are protected by competing against others with similar disabilities / levels of disability Wheelchair racers go faster than runners So the able-bodied are protected from the orthots Rights? • • • Copyright 2010 for prosthetes to be protected from the able-bodied? for the able-bodied to be protected from orthots? for orthots to compete against the able-bodied? for prosthetes to compete against the able-bodied? for the able-bodied to compete against orthots? 48

Case 6 – Athlete Enhancement, Athletes' Rights • • Performance-Enhancing Drugs (headache tablets, cough medicines, pain-killers, Ventilin, . . . ) • Drug-Testing Regimes • Denial of the Right to Compete Performance-Enhancing Procedures (altitude training, blood-doping) Performance Recovery Procedures (pain killers, hyperbaric chambers) Recreational Drugs Copyright 2010 49

Case 6 – Athlete Enhancement, Athletes' Rights • • Performance-Enhancing Drugs (headache tablets, cough medicines, pain-killers, Ventilin, . . . ) • Drug-Testing Regimes • Denial of the Right to Compete Performance-Enhancing Procedures (altitude training, blood-doping) Performance Recovery Procedures (pain killers, hyperbaric chambers) Recreational Drugs Copyright 2010 Rights? • No interference without demonstration of adequate justification? • consumption preferences? • health treatment? • declaration of current location? • declaration of locations in advance? 50

Case 9 – Techno-Supremacism / Triumph of the Orthot • Well-Established Behaviours • Acts

Case 9 – Techno-Supremacism / Triumph of the Orthot • Well-Established Behaviours • Acts of violence with little risk of legal retribution • • • Use of external orthoses to neutralise the enemy and its materiel (weapons) Use of exo-orthoses to avoid harm (protective suits) • Copyright 2010 By soldiers, mercenaries/PMCs Also by law enforcement agencies, security staff 53

Case 9 – Techno-Supremacism / Triumph of the Orthot • Well-Established Behaviours • Acts of violence with little risk of legal retribution • • • Use of external orthoses to neutralise the enemy and its materiel (weapons) Use of exo-orthoses to avoid harm (protective suits) • • Also by law enforcement agencies, security staff Rights? • • Copyright 2010 By soldiers, mercenaries/PMCs For people exposed to dangers to have orthoses that safeguard them against those dangers? . . . 54

Case 9 – Techno-Supremacism / Triumph of the Orthot • Rights? • • For people exposed to dangers to have orthoses that safeguard them against those dangers? For people exposed to dangers from other people to have orthoses that provide advantages over their adversaries • • Copyright 2010 infra-red vision and directional hearing hardened hands and retractable blades For orthots to use their enhancements in particular circumstances For orthots to use their enhancements in any circumstances 55

Likely Development Paths of Real Human-Artefact Hybridisation Research Sponsorship by • Sports Industries • ‘The Aging Rich’ • Copyright 2010 The old Aerospace-Military Complex now re-born as the ‘Homeland Security’ Gravy -Train Early Applications to • Sports Performance • Individual Wellbeing and Survival • ‘Security’ (But whose? ) 56

A Regulatory Framework for Cyborg Rights? • A Robot Ethics movement since 1942 – Asimov's Laws and lit; an IEEE Technical Committee on Roboethics since 2004. But, 70 years after problem definition, no concrete outcomes • IEEE Code of Ethics (2006) – "[a member of IEEE commits] to accept responsibility in making decisions consistent with the safety, health and welfare of the public, and to disclose promptly factors that might endanger the public or the environment" Vague, non-operational, unenforceable. . . 'The Cyborgs Among Us' identified prosthetisation as one of many 'future shocks' (Toffler 1970, pp. 193 -199) Copyright • But 40 years later no regulatory framework exists 2010 And virtually no foundations have been laid • 57

The Responsibilities of the Engineering Profession • • • Drive Public Awareness Inform Discussion Stimulate Discussion Upgrade Codes of Practice Tighten Codes of Practice • un/acceptable behaviours re particular kinds of artefact Tighten Membership Rules: • no membership by individuals in breach of Codes, or employed by corporations that are in breach • no membership by, and stigmatisation of, corporations that breach the Codes, or require employees to breach them Copyright 2010 58

Cyborg Rights Agenda • • • Copyright 2010 Progress Report on Cyborgisation Model and

Cyborg Rights Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Cyberspace Law & Policy, UNSW and in Computer Science, ANU IEEE International Symposium on Technology and Society (ISTAS 2010), University of Wollongong 7 -9 June 2010 http: //www. rogerclarke. com/SOS/Cy. Rts {. html, . ppt} Copyright 2010 60