1. Ethical Aspects of ICT Implants in the Human Body Rafael Capurro Distinguished Researcher in Information Ethics, School of Information Studies, University of Wisconsin-Milwaukee, USA Conference Neuroscience and European and North American Case Law Interdepartmental Research Centre ECLSC, University of Pavia, in cooperation with the Court of Milan, Milan, September 17, 2010

2. Rafael Capurro, ECLSC 102 Overview Introduction Introduction EGE Opinion No 20 EGE Opinion No 20 Scientific and technical background Scientific and technical background Legal Aspects Legal Aspects Ethical Aspects Ethical Aspects Prospects Prospects

3. Rafael Capurro, ECLSC 103 Introduction The European Group on Ethics in Science and New Technologies to the European Commission The European Group on Ethics in Science and New Technologies to the European Commission

4. Rafael Capurro, ECLSC 104 Introduction „The Group is a neutral, independent, pluralist and multidisciplinary body, composed of fifteen experts appointed by the Commission for their expertise and personal qualities.“

5. Rafael Capurro, ECLSC 105 Introduction „The task of the Group is to examine ethical questions arising from science and new technologies and on this basis to issue Opinions to the European Commission in connection with the preparation and implementation of Community legislation or policies.“

6. Rafael Capurro, ECLSC 106 Introduction „In order to face the ethical issues that are arising with the rapid advances in science and technology, the Members represent a broader range of professional competences in different disciples such as, inter alia, biology and genetics, medicine, pharmacology, agricultural sciences, ICT, law, ethics, philosophy, and theology.“

7. Rafael Capurro, ECLSC 107 Introduction „For every full Opinion to be issued by the Group, a roundtable is held before the Opinion is adopted, to which representatives of the Institutions of the European Union, experts of the fields, parties representing different interests, including NGOs, patients and consumer organisations and industrial stakeholders, are invited to participate in the debate.“

8. Rafael Capurro, ECLSC 108

9. 9 Opinion No 20 Ethical aspects of ICT implants in the human body (16 March 2005). Ethical aspects of ICT implants in the human body (16 March 2005). Opinion produced on the direct initiative of the EGE Rapporteurs: Prof. Stefano Rodotà and Prof. Rafael Capurro http://ec.europa.eu/european_group_ethics/avis/index_en.htm Important Notice: This PP presents pictures, videos and links that are NOT part of the EGE Opinion. Please, do not quote the text of the Opinion from this PP but do it directly from the official text.

10. Rafael Capurro, ECLSC 1010 Introduction „At first sight ICT implants are ethically unproblematic if we think for instance about cardiac pacemakers. However, although ICT implants may be used to repair deficient bodily capabilities they can also be misused, particularly if these devices are accessible via digital networks.“ „At first sight ICT implants are ethically unproblematic if we think for instance about cardiac pacemakers. However, although ICT implants may be used to repair deficient bodily capabilities they can also be misused, particularly if these devices are accessible via digital networks.“

11. Rafael Capurro, ECLSC 1011 Introduction „The idea of letting ICT devices get under our skin in order not just to repair but even to enhance human capabilities gives rise to science fiction visions with threat and/or benefit characteristics.“ „The idea of letting ICT devices get under our skin in order not just to repair but even to enhance human capabilities gives rise to science fiction visions with threat and/or benefit characteristics.“

12. Rafael Capurro, ECLSC 1012 Introduction „The intimate relation between bodily and psychic functions is basic to our personal identity.“ „The intimate relation between bodily and psychic functions is basic to our personal identity.“

13. Rafael Capurro, ECLSC 1013 Introduction „Consequently the objective of this Opinion is primarily to raise awareness and questions concerning the ethical dilemmas created by a range of implants in this rapidly expanding field.“ „Consequently the objective of this Opinion is primarily to raise awareness and questions concerning the ethical dilemmas created by a range of implants in this rapidly expanding field.“

14. Rafael Capurro, ECLSC 1014 Scientific and Technical Background Current Applications and Research Current Applications and Research Applications: ICT Implants on the market Applications: ICT Implants on the market Active medical devices: Active medical devices:

15. Rafael Capurro, ECLSC 1015 Scientific and Technical Background Cardiovascular pacers for patients with conduction disorders or heart failure Cardiovascular pacers for patients with conduction disorders or heart failure Cochlear and brainstem implants for patients with hearing disorders Cochlear and brainstem implants for patients with hearing disorders Implantable programmable drug delivery pumps for patients with Multiple Sclerosis or Diabetes Implantable programmable drug delivery pumps for patients with Multiple Sclerosis or Diabetes Implantable Neurostimulation Devices Implantable Neurostimulation Devices Spinal cord stimulation for chronic pain management Spinal cord stimulation for chronic pain management Sacral nerve stimulation for control of urinary incontinence Sacral nerve stimulation for control of urinary incontinence Vagus nerve stimulation (VNS) for seizure control in epilepsy and mood control in severe depression cases Vagus nerve stimulation (VNS) for seizure control in epilepsy and mood control in severe depression cases Deap brain stimulation (DBS) for patients with Parkinson’s disease, for essential tremor Deap brain stimulation (DBS) for patients with Parkinson’s disease, for essential tremor Artificial chip-controlled leg Artificial chip-controlled leg

16. Rafael Capurro, ECLSC 1016 Scientific and Technical Background Identification and location devices: Identification and location devices: Read-Only: for example allowing to identify Alzheimer‘s patients or children Read-Only: for example allowing to identify Alzheimer‘s patients or children Read-Write: carrying a set of information (such as a person‘s medical history) Read-Write: carrying a set of information (such as a person‘s medical history) Devices with tracking capabilities: a device that can emit a radio signal which could be tracked (RFID, VeriChip) Devices with tracking capabilities: a device that can emit a radio signal which could be tracked (RFID, VeriChip)

17. Rafael Capurro, ECLSC 1017 Scientific and Technical Background Research on ICT Implants: Medical Devices Biosensors Biosensors Artificial Hippocampus Artificial Hippocampus Cortical implant for the blind Cortical implant for the blind Ocular implant or artificial retina Ocular implant or artificial retina Brain-computer interfaces (BCI) Brain-computer interfaces (BCI)

18. Rafael Capurro, ECLSC 1018 Scientific and Technical Background Surveillance or tracking devices Wearable ICT Wearable ICT Subdermal GPS Subdermal GPS Enhancement or commodity devices Prosthetic cortical implant (intelligence or sensory „amplifiers“) Prosthetic cortical implant (intelligence or sensory „amplifiers“) Artificial vision Artificial vision Audio tooth implant Audio tooth implant Artificial hippocampus (to enhance memory) Artificial hippocampus (to enhance memory)

19. Rafael Capurro, ECLSC 1019 Scientific and Technical Background Other potential uses Other potential uses Microsoft patent Number 6,754,472 June 22, 2004 concerns the human body as a medium for transmission of data (or energy) to „other devices“ like PDAs, cellular phones, medical devices, RFID, making possible to localize persons. The patent does not describe any specific device. Microsoft patent Number 6,754,472 June 22, 2004 concerns the human body as a medium for transmission of data (or energy) to „other devices“ like PDAs, cellular phones, medical devices, RFID, making possible to localize persons. The patent does not describe any specific device.

20. Rafael Capurro, ECLSC 1020 Scientific and Technical Background „Smart guns“: weapons that can be fired only if operated by their owner with a RFID-chip implanted in his or her hand. „Smart guns“: weapons that can be fired only if operated by their owner with a RFID-chip implanted in his or her hand.

21. Rafael Capurro, ECLSC 1021 Categorisation of ICT Implants Implantable devices can be categorised as: Implantable devices can be categorised as: medical medical non-medical non-medical Both as: Both as: passive passive active active Reversible or non reversible Reversible or non reversible Stand-alone or online Stand-alone or online ICT implants and tags ICT implants and tags

22. Rafael Capurro, ECLSC 1022 Future personal tracking devices Integration and miniaturization of three technologies: www.digitalangel.com Integration and miniaturization of three technologies: www.digitalangel.comwww.digitalangel.com Biosensor: read a person‘s vital signs by touching the skin (implanted into a wristwatch) Biosensor: read a person‘s vital signs by touching the skin (implanted into a wristwatch) Pager device: takes the data from the biosensor by using a cellular packet module Pager device: takes the data from the biosensor by using a cellular packet module Position location technology: using radio signal to stay in contact with a person‘s pager device Position location technology: using radio signal to stay in contact with a person‘s pager device -> this information is sent through cellular data packets to a data centre (Digital Angel™) -> The first Digital Angel was launched in November 2001 -> Medical emergency purposes -> Identification/Location purposes

23. Rafael Capurro, ECLSC 1023 Legal Background General Principles: General Principles: Universal Declaration of Human Rights Universal Declaration of Human Rights EU Charter of Fundamental Rights of 2000 EU Charter of Fundamental Rights of 2000 Convention on Human Rigts and Biomedicine of the Council of Europe Convention on Human Rigts and Biomedicine of the Council of Europe EU Directives EU Directives European Constitution European Constitution National Constitutions National Constitutions

24. Rafael Capurro, ECLSC 1024 Legal Background Human Dignity: providing that the human body and its parts shall not give rise to financial gain Human Dignity: providing that the human body and its parts shall not give rise to financial gain Human Inviolability Human Inviolability Privacy and Data Protection Privacy and Data Protection The Precautionary Principle The Precautionary Principle Data Minimisation, Purpose Specification, Proportionality Principle and Relevance Data Minimisation, Purpose Specification, Proportionality Principle and Relevance Autonomy and Limits of ICT Implants Autonomy and Limits of ICT Implants

25. Rafael Capurro, ECLSC 1025 Legal Background „ICT implants may: „ICT implants may: allow individuals to be located on a permanent and/or occasional basis; allow individuals to be located on a permanent and/or occasional basis; Allow the information contained in electronic devices to be changed remotely without the date subject‘s knowledge.“ Allow the information contained in electronic devices to be changed remotely without the date subject‘s knowledge.“

26. Rafael Capurro, ECLSC 1026 Legal Background „These risks are bound to increase with the adoption of unified technical standards, which may allow data to be read and modified also by entities other than the data subject and the bodies/organizations lawfully managing the relevant plant or connection.“ „These risks are bound to increase with the adoption of unified technical standards, which may allow data to be read and modified also by entities other than the data subject and the bodies/organizations lawfully managing the relevant plant or connection.“

27. Rafael Capurro, ECLSC 1027 Legal Background „Both circumstances are clearly in conflict with data protection rules concerning collection and processing of the information.“ „Both circumstances are clearly in conflict with data protection rules concerning collection and processing of the information.“

28. Rafael Capurro, ECLSC 1028 Legal Background „For the legal background, it should be noted that: „For the legal background, it should be noted that: the existence of a recognised serious but uncertain risk, currently applying ot the simplest types of ICT implant in the human body (…) the existence of a recognised serious but uncertain risk, currently applying ot the simplest types of ICT implant in the human body (…) The purpose specification principle mandates at least a distinction between medical and non-medical applications (…) The purpose specification principle mandates at least a distinction between medical and non-medical applications (…)

29. Rafael Capurro, ECLSC 1029 Legal Background „the data minimisation principle rules out the lawfulness of ICT implants that are only aimed at identifying patients, if they can be replaced by less invasive andequally secure tools; „the data minimisation principle rules out the lawfulness of ICT implants that are only aimed at identifying patients, if they can be replaced by less invasive andequally secure tools; the proportionality principle rules out the lawfulness of implants such as those that are used, for instance, exclusively to facilitate entrance to public premises; the proportionality principle rules out the lawfulness of implants such as those that are used, for instance, exclusively to facilitate entrance to public premises;

30. Rafael Capurro, ECLSC 1030 Legal Background „the principle of integrity and inviolability of the body rules out that the data subject‘s consent is sufficient to allow all kinds of implant to be deployed; and „the principle of integrity and inviolability of the body rules out that the data subject‘s consent is sufficient to allow all kinds of implant to be deployed; and the dignity principle prohibits transformation of the body into an objet that can be manipulated and controlled remotely – into a mere source of information.“ the dignity principle prohibits transformation of the body into an objet that can be manipulated and controlled remotely – into a mere source of information.“

31. Rafael Capurro, ECLSC 1031 Ethical Background „Contemporary society is confronted with changes that have to do with the anthropological essence of individuals.“ „Contemporary society is confronted with changes that have to do with the anthropological essence of individuals.“

32. Rafael Capurro, ECLSC 1032 Ethical Background „There is a stepwise shift in progress – after being observed, via video surveillance and biometrics, individuals are being modified via various electronic devices, under skin chips and smart tags, to such an extent that they are increasingly turned into networked individuals.“ „There is a stepwise shift in progress – after being observed, via video surveillance and biometrics, individuals are being modified via various electronic devices, under skin chips and smart tags, to such an extent that they are increasingly turned into networked individuals.“

33. Rafael Capurro, ECLSC 1033 Ethical Background „Thus we might be continuously connected and could be configured differently so that from time to time we would transmit and receive signals allowing movements, habits and contacts to be traced and defined. This would be bound to modify the meaning and contents of an individual‘s autonomy and to affect their dignity.“ „Thus we might be continuously connected and could be configured differently so that from time to time we would transmit and receive signals allowing movements, habits and contacts to be traced and defined. This would be bound to modify the meaning and contents of an individual‘s autonomy and to affect their dignity.“

34. Rafael Capurro, ECLSC 1034 First human ‚infected with a computer virus‘ BBC News 26 May 2010: „First human ‚infected with a computer virus‘“ BBC News 26 May 2010: „First human ‚infected with a computer virus‘“ http://www.bbc.co.uk/news/10158517 M.N. Gasson: „Could you become infected with a Computer Virus?“ (2010) M.N. Gasson: „Could you become infected with a Computer Virus?“ (2010) http://www.personal.rdg.ac.uk/~sis04mng/research/

35. Rafael Capurro, ECLSC 1035 Ethical Background Fundamental ethical principles: Fundamental ethical principles: Human Dignity Human Dignity Non-instrumentalisation Non-instrumentalisation Privacy Privacy Non-discrimination Non-discrimination Informed Consent Informed Consent Equity Equity The precautionary principle The precautionary principle

36. Rafael Capurro, ECLSC 1036 Ethical Background Value conflicts Value conflicts „There could be conflict between the personal freedom to use one‘s economic resources to get an implant that will enhance one‘s physical capabilities and what society at large considers desirable or ethically acceptable.“ „There could be conflict between the personal freedom to use one‘s economic resources to get an implant that will enhance one‘s physical capabilities and what society at large considers desirable or ethically acceptable.“

37. Rafael Capurro, ECLSC 1037 Ethical Background „Another value conflict concerns the potential conflict between limiting freedom of people dangerous to others by surveillance and promoting the safety of others.“ „Another value conflict concerns the potential conflict between limiting freedom of people dangerous to others by surveillance and promoting the safety of others.“

38. Rafael Capurro, ECLSC 1038 Ethical Background „Freedom of researchers may conflict with the obligation to safeguard the health of research subjects.“ „Freedom of researchers may conflict with the obligation to safeguard the health of research subjects.“

39. Rafael Capurro, ECLSC 1039 Ethical Background „Concern for economic competitiveness and other economic values (economic growth) may come into conflict with respect for human dignity.“ „Concern for economic competitiveness and other economic values (economic growth) may come into conflict with respect for human dignity.“

40. Rafael Capurro, ECLSC 1040 Ethical Background „Some Important Knowledge Gaps Regarding ICT Implants in the Human Body: „Some Important Knowledge Gaps Regarding ICT Implants in the Human Body:

41. Rafael Capurro, ECLSC 1041 Ethical Background „Human Dignity, Integrity and Autonomy: „Human Dignity, Integrity and Autonomy: How far can such implants be a threat to human autonomy particularly when they are implanted in our brains? How far can such implants be a threat to human autonomy particularly when they are implanted in our brains? How far can they have irreversible impacts in the human body and in the human psyche? How far can they have irreversible impacts in the human body and in the human psyche? How will they influence human memory? How will they influence human memory? Does a human being cease to be such a „being“ in cases where some parts of his or her body – particularly the brain – are substituted and/or supplemented by ICT implants?“ Does a human being cease to be such a „being“ in cases where some parts of his or her body – particularly the brain – are substituted and/or supplemented by ICT implants?“

42. Rafael Capurro, ECLSC 1042 Ethical Background „Privacy and Surveillance: „Privacy and Surveillance: How far con ICT implants become a threat to privacy? How far con ICT implants become a threat to privacy? How far can ICT implants give an individual, or a group, specific capabilities that could become a threat to society?“ How far can ICT implants give an individual, or a group, specific capabilities that could become a threat to society?“

43. Rafael Capurro, ECLSC 1043 Ethical Background „Enhancement and Self Awareness „Enhancement and Self Awareness What does perfectibility of human beings mean? What does perfectibility of human beings mean? How far should the use of such implants to enhance human capabilities be allowed?“ How far should the use of such implants to enhance human capabilities be allowed?“

44. Rafael Capurro, ECLSC 1044 Ethical Background „Social Aspects „Social Aspects How do we relate to persons with ICT implants that are connected online? How do we relate to persons with ICT implants that are connected online? How far should ICT implants remain invisible to an external observer? How far should ICT implants remain invisible to an external observer? How far can they be used to track human beings and in which cases should this be legally allowed?“ How far can they be used to track human beings and in which cases should this be legally allowed?“

45. Rafael Capurro, ECLSC 1045 Ethical Background „ICT Implants for which special caution is necessary: „ICT Implants for which special caution is necessary: ICT implants that cannot be removed easily ICT implants that cannot be removed easily ICT implants that influence, determine of change psychic functions ICT implants that influence, determine of change psychic functions ICT implants that could be misused for social surveillance and manipulation ICT implants that could be misused for social surveillance and manipulation Military applications“ Military applications“

46. Rafael Capurro, ECLSC 1046 Opinion Scope: „This Opinion focuses on the question of ICT implants in the human body. It does not deal with the whole field of ICT devices or with „wearable“ computing in general, although there may be cases in which such devices could be considered as quasi implants.“ Scope: „This Opinion focuses on the question of ICT implants in the human body. It does not deal with the whole field of ICT devices or with „wearable“ computing in general, although there may be cases in which such devices could be considered as quasi implants.“

47. Rafael Capurro, ECLSC 1047 Opinion „We shall not lay hand upon thee“. This was the promise made in the Magna Carta – to respect the body in its entirety: Habeas Corpus.“ „We shall not lay hand upon thee“. This was the promise made in the Magna Carta – to respect the body in its entirety: Habeas Corpus.“ „In this new world, data protection fulfils the task of ensuring the „habeas data“ required by the changed circumstances“. „In this new world, data protection fulfils the task of ensuring the „habeas data“ required by the changed circumstances“.

48. Rafael Capurro, ECLSC 1048 Opinion „At the same time, this is a permanently unfinished body. It can be manipulated to restore functions that either were lost or were never known (…) again, for the sake of the person‘s welfare and/or social competitiveness, as in the case of enhanced sports skills or intelligence prostheses.“ „At the same time, this is a permanently unfinished body. It can be manipulated to restore functions that either were lost or were never known (…) again, for the sake of the person‘s welfare and/or social competitiveness, as in the case of enhanced sports skills or intelligence prostheses.“

49. Rafael Capurro, ECLSC 1049 Opinion „ICT Implants for health purposes: „ICT Implants for health purposes: The objective is important The objective is important The implant is necessary to achieve this objective, and The implant is necessary to achieve this objective, and There is no other less invasive and more cost- effective method of achieving this objective.“ There is no other less invasive and more cost- effective method of achieving this objective.“

50. Rafael Capurro, ECLSC 1050 Opinion „The individual and the network: „The individual and the network: To the extent that an individual via an ICT implant has become part of an ICT network, the operation of the whole network – not just the ICT implant – needs to be considered.“ To the extent that an individual via an ICT implant has become part of an ICT network, the operation of the whole network – not just the ICT implant – needs to be considered.“

51. Rafael Capurro, ECLSC 1051 Opinion „Freedom of Research: „Freedom of Research: The freedom of research in this field should be subjected not only to the informed consent of the persons willing to participate in new experiments aiming at health recovery but also to the awareness of the possibility of damaging not only bodily but also psychic functions of the people participating in clinical trials.“ The freedom of research in this field should be subjected not only to the informed consent of the persons willing to participate in new experiments aiming at health recovery but also to the awareness of the possibility of damaging not only bodily but also psychic functions of the people participating in clinical trials.“

52. Rafael Capurro, ECLSC 1052 Opinion „Irreversible ICT implants: „Irreversible ICT implants: The requirements of informed consent and data protection (privacy and confidentiality of the data in particular) need to be strictly enforced in cases where the ICT implants are irreversible and cannot be removed from the body without severe damage of the individual‘s life.“ The requirements of informed consent and data protection (privacy and confidentiality of the data in particular) need to be strictly enforced in cases where the ICT implants are irreversible and cannot be removed from the body without severe damage of the individual‘s life.“

53. Rafael Capurro, ECLSC 1053 Opinion “ICT implants for non-medical purposes “ICT implants for non-medical purposes Mental functions and personal identity: ICT devices should not be used to manipulate mental functions or change personal identity Mental functions and personal identity: ICT devices should not be used to manipulate mental functions or change personal identity ICT implants and personal data: the principles of data protection need to be applied to this area“ ICT implants and personal data: the principles of data protection need to be applied to this area“

54. Rafael Capurro, ECLSC 1054 Opinion „Privacy and ICT implants: Provided that ICT devices are implanted in accordance with the principles outlined in this Opinion there is no need to declare these implants. They could and should remain unrecognizable to an external observer. The right to privacy includes the right to have an ICT implant.“ „Privacy and ICT implants: Provided that ICT devices are implanted in accordance with the principles outlined in this Opinion there is no need to declare these implants. They could and should remain unrecognizable to an external observer. The right to privacy includes the right to have an ICT implant.“

55. Rafael Capurro, ECLSC 1055 Opinion „ICT Implants and Enhancement of Physical and Mental capabilities „ICT Implants and Enhancement of Physical and Mental capabilities Access to ICT implants for enhancement should be used only: Access to ICT implants for enhancement should be used only: To bring children or adults into the „normal“ range of the population, if they so wish and give their informed consent, or, To bring children or adults into the „normal“ range of the population, if they so wish and give their informed consent, or, To improve health prospects“ To improve health prospects“

56. Rafael Capurro, ECLSC 1056 Opinion „The following possibilites should be banned: „The following possibilites should be banned: ICT implants as a basis for cyber-racism ICT implants as a basis for cyber-racism ICT implants used for changing the identity, memory, self perception and perception of others ICT implants used for changing the identity, memory, self perception and perception of others ICT implants used to enhance capabilities in order to dominate others ICT implants used to enhance capabilities in order to dominate others ICT implants used for coercion towards others who do not use such devices“ ICT implants used for coercion towards others who do not use such devices“

57. Rafael Capurro, ECLSC 1057 Opinion „ICT Implants, Commercialisation and Consumer Interests „ICT Implants, Commercialisation and Consumer Interests It is essential that ICT devices are not put on the market without adequate control. For instance, products that can be regarded as medical products should be controlled according to the relevant legal framework.“

58. Rafael Capurro, ECLSC 1058 Opinion „ICT Implants for Surveillance Purposes „ICT Implants for Surveillance Purposes ICT implants for surveillance in particular threaten human dignity. They could be used to locate people (and also to retrieve other kinds of information about them). This might be justified for security reasons (early release for prisoners) or for safety reasons (location of vulnerable children).“

59. Rafael Capurro, ECLSC 1059 Opinion „However, the EGE insists that such surveillance applications of ICT implants may only be permitted if the legislator considers that there is an urgent and justified necessity in a democratic society (Article 8 of the Human Rights Convention) and there are no less intrusive methods.“

60. Rafael Capurro, ECLSC 1060 Opinion „Nevertheless the EGE does not favour such uses and considers that surveillance applications, under all circumstances, must be specified in legislation. Surveillance procedures in individual cases should be approved and monitored by an independent court. The same general principles should apply to the use of ICT implants for military purposes.“

61. Rafael Capurro, ECLSC 1061 Opinion „General Considerations „General Considerations Development of the Information Society Development of the Information Society The EGE considers that the ethical questions related to ICT implants in the human body are intimately related to the development of the Information Society as a whole.“

62. Rafael Capurro, ECLSC 1062 Opinion „The EGE strongly supports the vision of a people-centred, inclusive and development oriented Information Society as proclaimed in the Declaration of Principles of the World Summit on the Information Society (Geneva 2003).“

63. Rafael Capurro, ECLSC 1063 Opinion „Public Debate and Information „Public Debate and Information A broad social and political debate is needed as to what kind of applications should be accepted and legally approved, particularly concerning surveillance and enhancement. A precautionary approach is recommended by the EGE.“

64. Rafael Capurro, ECLSC 1064 Opinion „The Member States and their national ethics councils (or corresponding institutions) have a responsibility to create conditions for education and constructive, well-informed debates in this area.“

65. Rafael Capurro, ECLSC 1065 Opinion „Democracy and Power „Democracy and Power Public debate and education are essential to ensure transparency and the Member States have a responsibility to ensure that the power of development and access to ICT implants are decided through democratic processes.“

66. Rafael Capurro, ECLSC 1066 Opinion „Need for Regulation „Need for Regulation It is clear that this field needs regulation. Currently, non-medical ICT implants in the human body are not explicitly covered by existing legislation, particularly in terms of privacy and data protection.“

67. Rafael Capurro, ECLSC 1067 Opinion „In the EGE‘s view, implantable devices for medical purposes should be regulated in the same way as drugs when the medical goal is the same, particularly as such implants are only partly covered by Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices.“ „In the EGE‘s view, implantable devices for medical purposes should be regulated in the same way as drugs when the medical goal is the same, particularly as such implants are only partly covered by Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices.“

68. Rafael Capurro, ECLSC 1068 Opinion „Impact Research and ICT Devices „Impact Research and ICT Devices More research on the long term social, cultural and healt impact of different types of ICT implants needs to be carried out, with a particular focus on risk characterisation, risk assessment, risk management and risk communication. The EGE considers that this should be kept in mind for the Seventh EU Research Framework Programme. This sort of precautionary research in a rapidly developing field is of crucial importance.“

69. Rafael Capurro, ECLSC 1069 Opinion „Need for review „Need for review The field of ICT implants is in its infancy and rapid developments are taking place that raise societal fears as well as hopes. Consequently, the EGE has addressed the key ethical issues regarding developmentsthat are current or can be foreseen at the present time.“

70. Rafael Capurro, ECLSC 1070 Opinion „However, it is clear that the EGE will have to return to this subject to update our advice in the light of future applications of ICT implants. (…) Consequently, we consider that a review of this Opinion by the EGE may be necessary in about three to five years time.“

71. Rafael Capurro, ECLSC 1071 Conclusion and Prospects The EGE recommended „More research on the long term social, cultural and healt impact of different types of ICT implants needs to be carried out, with a particular focus on risk characterisation, risk assessment, risk management and risk communication. The EGE considers that this should be kept in mind for the Seventh EU Research Framework Programme. This sort of precautionary research in a rapidly developing field is of crucial importance.“

72. Rafael Capurro, ECLSC 1072 Conclusion and Prospects Selection of EU projects that have been / are dealing with this matter: ETHICBOTS (2006-2007) (FP 6) ETHICBOTS (2006-2007) (FP 6) ICTethics (2009-2011) (FP 7) ICTethics (2009-2011) (FP 7) EGAIS (2009-2011) (FP 7) EGAIS (2009-2011) (FP 7) ETICA (2009-2011) (FP 7) ETICA (2009-2011) (FP 7) For a complete list of Research Programmes dealing with ethical questions of ICT under FP7 see: CORDIS Databank http://cordis.europa.eu/pf7

73. Rafael Capurro, ECLSC 1073 FP 6 2006-2008 FP 6 2006-2008 http://ethicbots.na.infn.it/index.php http://ethicbots.na.infn.it/index.php http://ethicbots.na.infn.it/index.php Three kinds of integration were analized: (a) Human-softbot integration, as achieved by AI research on information and communication technologies; (b) Human-robot, non-invasive integration, as achieved by robotic research on autonomous systems inhabiting human environments; (c) Physical, invasive integration, as achieved by bionic research.

74. Rafael Capurro, ECLSC 1074 „Crucial ethical issues in these areas include the preservation of human identity, and integrity; applications of precautionary principles; economic and social discrimination; artificial system autonomy and accountability; responsibilities for (possibly unintended) warfare applications; nature and impact of human- machine cognitive and affective bonds on individuals and society.“ „Crucial ethical issues in these areas include the preservation of human identity, and integrity; applications of precautionary principles; economic and social discrimination; artificial system autonomy and accountability; responsibilities for (possibly unintended) warfare applications; nature and impact of human- machine cognitive and affective bonds on individuals and society.“

75. Rafael Capurro, ECLSC 1075

76. Rafael Capurro, ECLSC 1076 Conclusion and Prospects The ICTethics project – ICT that makes the difference The ICTethics project – ICT that makes the difference The basis of the work is an investigation of the ESLA (Ethical, Social and Legal Aspects) of Ambient Intelligence & ICT for Security http://www.ictethics.eu/

77. Rafael Capurro, ECLSC 1077 Conclusion and Prospects Ambient Intelligence: Ambient Intelligence: Intelligent Environments: Personal Health Systems (PHS) Intelligent Environments: Personal Health Systems (PHS) Convergence of Physical, Mental and Virtual: Personal Humanoid Assistent (PHA) Convergence of Physical, Mental and Virtual: Personal Humanoid Assistent (PHA) Internet of Things: Radio-Frequency Identification (RFID) Internet of Things: Radio-Frequency Identification (RFID) ICT for Security: Biometrics ICT for Security: Biometrics

78. Rafael Capurro, ECLSC 1078 Conclusion and Prospects ICT that makes the difference. The future of Ambient Intelligence and ICT for Security. International Conference, Brussels, Nov. 22-25, 2009 ICT that makes the difference. The future of Ambient Intelligence and ICT for Security. International Conference, Brussels, Nov. 22-25, 2009 http://www.ictthatmakesthedifference.eu/index.html

79. Rafael Capurro, ECLSC 1079 Legal aspects 1. RFID. Implants and the human body Legal aspects of ICT implants Stefano Rodotà1, Diane Whitehouse2, Penny Duquenoy3 1 La Sapienza, Fondazione Basso, Rome (Italy) 2 The Castlegate Consultancy, (CITY) (United Kingdom) 3 Middlesex University (United Kingdom) Legal aspects of ICT implants Stefano Rodotà1, Diane Whitehouse2, Penny Duquenoy3 1 La Sapienza, Fondazione Basso, Rome (Italy) 2 The Castlegate Consultancy, (CITY) (United Kingdom) 3 Middlesex University (United Kingdom)

80. Rafael Capurro, ECLSC 1080 2. Privacy. Toward an electronically identity? 2. Privacy. Toward an electronically identity? Legal concepts of human identity? Stefano Rodotà, La Sapienza, Fondazione Basso, Rome (Italy) Legal concepts of human identity? Stefano Rodotà, La Sapienza, Fondazione Basso, Rome (Italy) On Interpreting and Constructing (Non-) Human Identities Rafael Capurro International Center for Information Ethics, Karlsruhe (Germany) On Interpreting and Constructing (Non-) Human Identities Rafael Capurro International Center for Information Ethics, Karlsruhe (Germany) DNA barcoding and personal genomics Giuseppe Novelli, Tor Vergata University (Italy) DNA barcoding and personal genomics Giuseppe Novelli, Tor Vergata University (Italy)

81. Rafael Capurro, ECLSC 1081 Conclusion and Prospects EGAIS (Ethical GovernAnce of emergIng technologieS) (2009-2011) EGAIS (Ethical GovernAnce of emergIng technologieS) (2009-2011) Aim of the project: to overcome the existent limitations of the current approaches to ethical governance in projects with technical development. http://www.egais-project.eu/?q=node/3

82. Rafael Capurro, ECLSC 1082 Conclusion and Prospects ETICA (2009-2011) ETICA (2009-2011) Aim of the project: to identify and addresss ethical issues arising from information and communication technologies -- such as ambient intelligence, human-machine symbiosis, and neuroelectronics -- in the coming 10 to 15 years. http://www.etica-project.eu/

83. Rafael Capurro, ECLSC 1083 How far should we let ICT devices geht under our skins?