Copyright 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 {.html,.ppt} Cyborg Rights

Copyright Cyborg Rights The Topic Area Interventions with the human body Electrical and electro-mechanical interventions (rather than biological, neurological, cognitive,...) Voluntary, consensual or imposed Not speculative, nor even futuristic, but contemporary Implications are current and near-future Engineers have important responsibilities

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

Copyright Single Above-The-Knee Amputee Earle Connor CA seconds for 100m (avge 29 kph) A Mechanical Substitute From:

Copyright Double Below-The-Knee Amputee Oscar Pistorius ZA seconds for 200m (avge kph) Improvements needed : 5% for the QF 6.5% for the SF 10% for Olympic Gold A Mechanical Enhancement? From: IEEE Spectrum, June 2005, p. 13

Copyright 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

Copyright Steve Manns Wearcam, Sousveillance, etc. From: An External Sight-Enhancer – recording, transmission, augmented display

Copyright Stelarcs Performance Art Extensions to the Human Neural System From:

Copyright Various Retinal Implant Projects since the Late 1970s Image from: Boston, UNSW et al., Tübingen, Tokyo

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

Copyright NICTA's Neural Interfaces / Active Implants Projects

Copyright 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

Copyright Human-Attached Chips

Copyright 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 Continuous Chip-Monitoring

Copyright Human-Attached Chips

Copyright 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

Copyright 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

Copyright 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

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

Copyright Not-So-Voluntary Chip Implants

Copyright 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 – 2000? 2004?

Copyright 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, …...

Copyright 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)

Copyright 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

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

Copyright 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 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)

Copyright 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)

Copyright 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

Copyright 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"

Copyright 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 Consensualother-party-initiated Involuntaryother-party-imposed The Subject's Knowledge Overtknown to the subject Covertnot known to the subject

Copyright 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 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 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 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 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

Copyright 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

Copyright 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

Copyright 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?

Copyright 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 /sykD9GT-lGB/Kurt+Fearnley

Copyright 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?

Copyright 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 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?

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

Copyright 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

Copyright 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? For orthots to use their enhancements (at least in particular circumstances)?

Copyright 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?)

Copyright A Regulatory Framework for Cyborg Rights? A Robot Ethics movement since 1942 – Asimov's Laws and lit; an IEEE Technical Committee on Roboethics since 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 ) But 40 years later no regulatory framework exists And virtually no foundations have been laid

Copyright 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