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First law protecting consumers' brainwaves signed by Colorado governor
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First law protecting consumers' brainwaves signed by Colorado governor
Apr 17, 2024 5:44 PM

April 17 (Reuters) - Colorado Governor Jared Polis on

Wednesday signed into law the first measure passed in the U.S.

that aims to protect the data found in a person's brainwaves.

Sponsors of the bill said it was necessary as quick advances

in neurotechnology make scanning, analyzing and selling mental

data increasingly more possible - and profitable.

State representative Cathy Kipp, a sponsor of the

legislation, said in a statement that while advancements in the

neurotechnology field hold great promise for improving the lives

of many people, "we must provide a clear framework to protect

Coloradans' personal data from being used without their consent

while still allowing these new technologies to develop."

State senator Kevin Priola, another of the bill's sponsors,

said that neurotechnology "is no longer confined to medical or

research settings" and that when it comes to consumer products,

the industry "can currently operate without regulation, data

protection standards, or equivalent ethical constraints."

The Neurorights Foundation, a non-profit promoting the

ethical development of neurotechnology, said Colorado's bill,

which it supported, was the first of its kind in the U.S.

The foundation on Wednesday released a report assessing the

neurotechnology industry's data privacy protections, which it

said were often weak or non-existent.

The Colorado law notes that neuratechnologies used in a

clinical setting are already covered by medical privacy laws, so

the new measure is aimed at consumer products available outside

of a hospital.

Big tech firms - including Facebook and Instagram's parent

company Meta Platforms ( META ), along with Elon Musk's

Neuralink - are developing technology that can detect brain

activity then potentially put it to commercial use. Mined brain

data has endless potential, be it to better target ads, exploit

human moods, sell more stuff or regenerate lost brain function.

The U.S. Food and Drug Administration last year approved

human studies for Neuralink's brain implants, which had

previously been tested on animals.

Earlier this month, the CEO of Synchron, a rival to

Neuralink, told Reuters the company is preparing to recruit

patients for a large-scale clinical trial required to seek

commercial approval for its device.

Elsewhere around the world, other governments have been

working to increase consumer protections when it comes to

neurotechnological products.

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