1. Copyright 2010-12 1 Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Computer Science, ANU and in Cyberspace Law & Policy, UNSW Information and Human Centred Computing Research Group ANU RSCS 24 April 2012 http://www.rogerclarke.com/SOS/CyRts {.html,.ppt} Cyborg Rights

2. Copyright 2010-12 2 Single Above-The-Knee Amputee Earle Connor CA 12.08 seconds for 100m (avge 29 kph) A Mechanical Substitute From: http://www.paralympic.ca/english/athens2004/Athletes/CONNOR_EARLE.asp

3. Copyright 2010-12 3 Double Below-The-Knee Amputee Oscar Pistorius ZA 21.58 seconds for 200m in 2004 (avge 33.36 kph) Improvements needed 2005-08: 5% for the QF 6.5% for the SF 10% for Olympic Gold A Mechanical Enhancement? From: IEEE Spectrum, June 2005, p. 13 http://www.spectrum.ieee.org/WEBONLY/resource/jun05/0605nspo.html

4. Copyright 2010-12 4 Pistorius in the 400m – 2007-2012 In 2011, Pistorius became the first amputee to win an IAAF World Championships medal (4 x 400m relay) On 20 April 2012, Pistorius was named by Time as one of the 100 most influential people in the world... He's run inside the A-qualifying standard for the London Olympics (but ZA is strong in the 400m) His best times are 45.20 and 45.07 (cf. Steffenson) In 2008, 45.96 made the Semis, 44.91 made the Final

5. Copyright 2010-12 5 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

6. Copyright 2010-12 6 Cyborg Rights Agenda Progress Report on Cyborgisation Model and Proposed Terminology / Dialect Rights Cases Their Implications for Rights Responsibilities of the Engineering Profession

7. Copyright 2010-12 7 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 arms CPU, which tells the motor in the hand to move An Electro-Mechanical Prosthesis Interfaced and/or Integrated (Otto Bock Ltd & GmbH) From: Keen gardener gets dynamic lifter The Sydney Morning Herald, 5 July 2005

8. Copyright 2010-12 8 Steve Manns Wearcam, Sousveillance, etc. From: http://wearcam.org/ An External Sight-Enhancer – transmission, recording, augmented display

9. Copyright 2010-12 9 Stelarcs Performance Art Extensions to the Human Neural System From: http://www.stelarc.va.com.au/cards/copernicus.jpg

10. Copyright 2010-12 10 Electrical pulses stimulate the auditory nerve, generating an accurate impression of sound Image from: http://www.BionicEar.org/ An Australian innovation, with an inferior US device close behind Cochlear Implants – In Use Since 1978/83

11. Copyright 2010-12 11 Various Retinal Implant Projects since the Late 1970s Image from: http://www.bostonretinalimplant.org/project/prosthesis.xml Boston, UNSW et al., Tübingen, Tokyo

12. Copyright 2010-12 12 NICTA's Neural Interfaces / Active Implants Projects http://www.nicta.com.au/research/projects/implant_systems

13. Copyright 2010-12 13 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

14. Copyright 2010-12 14 Human-Attached Chips

15. Copyright 2010-12 15 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

16. Copyright 2010-12 16 Continuous Chip-Monitoring

17. Copyright 2010-12 17 Human-Attached Chips

18. Copyright 2010-12 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, 1968Skull Bug – Electronic device implanted in the cranium at birth, for monitoring and control – Alfred Bester, 1974

19. Copyright 2010-12 19 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, 1968Skull 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

20. Copyright 2010-12 20 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, 1968Skull 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

21. Copyright 2010-12 21 Voluntary Chip-Implants First voluntary chip implantation in a human – 1998 At first, Electromechanical Then, Neurological

22. Copyright 2010-12 22 Not-So-Voluntary Chip Implants

23. Copyright 2010-12 23 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, 1968Skull 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

24. Copyright 2010-12 24 Speculative Extensions New Sensors Stelarcs muscles stimulated by external forces such as local internet traffic Magnetic and Electrical fields Gravity Telepathy, …... New Effectors Induction Telepathy, Telekinesis, …... Jacking in (Vinge, Gibson,...) Constructs / Partials / Dittos (Gibson, Bear, Egan, Brin,...) Uploading (Moravec) Transhumanism (Esfandiary) The Singularity (Vinge)

25. Copyright 2010-12 25 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) 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

26. Copyright 2010-12 26 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"

27. Copyright 2010-12 27 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

28. Copyright 2010-12 28 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

29. Copyright 2010-12 29 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

30. Copyright 2010-12 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 Contact lenses, conventional artificial hands, arms and legs Endo-Prosthesis Internal to the human body and satisfactorily interfaced with it Artificial hips, knees, stents, pace- makers, implants (cochlear, lenses)

31. Copyright 2010-12 31 Sub-Categories External ProsthesisExternal Orthosis Separate from the human body but satisfactorily interfaced with it Spectacles, walking sticks, crutches, Telescopes, microscopes, golf-clubs, skis, renal dialysis, heart-lung machinessnorkels, body-suits for knights, astronauts, deep-sea divers, competitive swimmers Exo-ProsthesisExo-Orthosis On an extremity of the human body and satisfactorily interfaced with it Contact lenses, conventionalExtra fingers, highly-articulated artificial hands, arms and legsjoints, spring-steel legs Endo-ProsthesisEndo-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)

32. Copyright 2010-12 32 A Useful Definition for the Term 'Cyborg' 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

33. Copyright 2010-12 33 A Useful Definition for the Term 'Cyborg' 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"

34. Copyright 2010-12 34 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 Consensualother-party-initiated– 2004 Involuntaryother-party-imposed– 2007 The Subject's Knowledge Overtknown to the subject Covertnot known to the subject

35. Copyright 2010-12 35 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

36. Copyright 2010-12 36 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?)

37. Copyright 2010-12 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?) 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?

38. Copyright 2010-12 38 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

39. Copyright 2010-12 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 Reduces costs to the state and hence taxpayer Hence an incentive to extend their use

40. Copyright 2010-12 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 Other Institutionalised Dementia sufferers Comatose patients Patients more generally Reduces costs to the state and hence taxpayer Hence an incentive to extend their use

41. Copyright 2010-12 41

42. Copyright 2010-12 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 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

43. Copyright 2010-12 43 A right not to have? As discussed by the EU-EGE (2005) Principles Human Inviolability Human Dignity Practice Unless urgent and justified No less intrusive method available Controls? Approval and monitoring by an independent court

44. Copyright 2010-12 44 Case 5 – Handicapped Sports / 'The Diff- abled' The handicapped are protected by competing against others with similar disabilities / levels of disability Rights? for prosthetes to be protected from the able- bodied?

45. Copyright 2010-12 45 Australian Kurt Fearnley won his 4th straight New York Marathon in November 2009 Fearnley's time of c. 1hr 30 mins is c. 30% faster than the winning runner, who takes c. 2 hours 10 minutes http://www.zimbio.com/pictures/MrvJ9GxkSAo/ING+New+York+Marathon /sykD9GT-lGB/Kurt+Fearnley

46. Copyright 2010-12 46 Case 5 – Handicapped Sports / 'The Diff- abled' 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? 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?

47. Copyright 2010-12 47 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

48. Copyright 2010-12 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 Rights? No interference without demonstration of adequate justification? consumption preferences? health treatment? declaration of current location? declaration of locations in advance?

49. Copyright 2010-12 49 Case 9 – Techno-Supremacism / Triumph of the Orthot Well-Established Behaviours Acts of violence with little risk of legal retribution By soldiers, mercenaries/PMCs

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51. Copyright 2010-12 51 Case 9 – Techno-Supremacism / Triumph of the Orthot Well-Established Behaviours Acts of violence with little risk of legal retribution By soldiers, mercenaries/PMCs 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

52. Copyright 2010-12 52 Case 9 – Techno-Supremacism / Triumph of the Orthot Well-Established Behaviours Acts of violence with little risk of legal retribution By soldiers, mercenaries/PMCs 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? For people exposed to dangers to have orthoses that safeguard them against those dangers?...

53. Copyright 2010-12 53 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 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

54. Copyright 2010-12 54 Likely Development Paths of Real Human-Artefact Hybridisation Research Sponsorship by Sports Industries The Aging Rich 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?)

55. Copyright 2010-12 55 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...

56. Copyright 2010-12 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) But 40 years later no regulatory framework exists And virtually no foundations have been laid

57. Copyright 2010-12 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

58. Copyright 2010-12 58 Cyborg Rights Agenda Progress Report on Cyborgisation Model and Terminology Rights Cases and Their Implications for Rights Responsibilities of the Engineering Profession

59. Copyright 2010-12 59 Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Computer Science, ANU and in Cyberspace Law & Policy, UNSW Information and Human Centred Computing Research Group ANU RSCS 24 April 2012 http://www.rogerclarke.com/SOS/CyRts {.html,.ppt} Cyborg Rights