1. 2006-12-10martine@terasemweb.org1 Why Transbemans in Biostasis Are Alive Martine Rothblatt 2nd Colloquium on the Law of Transbeman Persons Martine Rothblatt 2nd Colloquium on the Law of Transbeman Persons

2. 2006-12-10martine@terasemweb.org2 Definition of Terms  Transbeman  A being desirous of human rights but not conventionally considered so eligible, as well as other beings who self-identify with such beings  Biostasis  A virtually complete and intentionally reversible arrest of biological processes  Alive  Capable under appropriate conditions of autonomous activities  Transbeman  A being desirous of human rights but not conventionally considered so eligible, as well as other beings who self-identify with such beings  Biostasis  A virtually complete and intentionally reversible arrest of biological processes  Alive  Capable under appropriate conditions of autonomous activities

3. 2006-12-10martine@terasemweb.org3 Legal Definition of Death  Originally, in Common Law  “(1) irreversible cessation of circulatory and respiratory functions…”  After Cardio-Pulmonary Support & Organ Transplantation Created a Reason for Alternative Definition  “or, (2) irreversible cessation of all functions of the entire brain, including the brain stem”  Uniform Determination of Death Act, 1980-1981  National Conference of Commissioners on Uniform State Laws, ABA & AMA; State laws vary slightly  Originally, in Common Law  “(1) irreversible cessation of circulatory and respiratory functions…”  After Cardio-Pulmonary Support & Organ Transplantation Created a Reason for Alternative Definition  “or, (2) irreversible cessation of all functions of the entire brain, including the brain stem”  Uniform Determination of Death Act, 1980-1981  National Conference of Commissioners on Uniform State Laws, ABA & AMA; State laws vary slightly

4. 2006-12-10martine@terasemweb.org4 Questions Raised by 21st Century Technology  If cryonic biostasis is reversible, then aren’t cryonauts still alive?  If brain functions are transplanted to a computer before brain death, then aren’t the transplantees still alive?  If cryonic biostasis is reversible, then aren’t cryonauts still alive?  If brain functions are transplanted to a computer before brain death, then aren’t the transplantees still alive?

5. 2006-12-10martine@terasemweb.org5 Response from Current Juridico-Medical Establishment  Definition of Death:  Subject to “accepted medical standards”  Must be “construed to effect its general purpose.”  Cryonic Revival & Cyber- Consciousness are Now Impossible  Society Needs Certainty of Death

6. 2006-12-10martine@terasemweb.org6 But it Took Only 50 Years to Go From This Also no skyscrapers, a/c, galaxies or nukes in 1900…

7. 2006-12-10martine@terasemweb.org7 To this!

8. 2006-12-10martine@terasemweb.org8 And just 30 more years to

9. 2006-12-10martine@terasemweb.org9 And rapid advancement is not just in aeronautics  1967 -- 1st Heart Transplant  2006 -- 75,000th Heart Transplant (ten per day)  1984 -- Vitrification proposed  2005 -- Kidney vitrification reversed  2001 -- 1st Human Vitrification  20?? -- Vitrification Revivals 1980 2005 25 yrs 41 yrs 19 yrs

10. 2006-12-10martine@terasemweb.org10 And Advancement is Exponential, Not Linear

11. 2006-12-10martine@terasemweb.org11 Even Today Some Brain Functions Can Be Computerized  Memory, pattern recognition, reasoning  Our uniqueness as people can be digitally stored and presented:  Mannerisms  Personality  Recollections  Feelings  Beliefs  Attitudes  Values  Memory, pattern recognition, reasoning  Our uniqueness as people can be digitally stored and presented:  Mannerisms  Personality  Recollections  Feelings  Beliefs  Attitudes  Values

12. 2006-12-10martine@terasemweb.org12 We Call These Digital Copies of Key Brain Functions “Bemes”  Bemes are the smallest units of our beingness  Beingness is our essential nature or character  By holding our bemes, sites like CyBeRev.org perform a brain function  A “bemenaut” has thus not ceased “all of the functions of the entire brain” -- they are alive  Bemes are the smallest units of our beingness  Beingness is our essential nature or character  By holding our bemes, sites like CyBeRev.org perform a brain function  A “bemenaut” has thus not ceased “all of the functions of the entire brain” -- they are alive

13. 2006-12-10martine@terasemweb.org13 Back to the Medico-Legal Problems  Bemes are not now “accepted medical standards”  The purpose of the rules is to get you dead, definitely dead  Can’t use the rules to defeat their purpose  Bemes are not now “accepted medical standards”  The purpose of the rules is to get you dead, definitely dead  Can’t use the rules to defeat their purpose

14. 2006-12-10martine@terasemweb.org14 Solutions to Legal Death  Get Psychiatry to Accept Reality of Bemes As a Brain Function  Merge Bemes with Mindware to Evidence Cyber-Consciousness  Show Cryonic Revival  Persuade Society that Death is Unnecessary  Get Psychiatry to Accept Reality of Bemes As a Brain Function  Merge Bemes with Mindware to Evidence Cyber-Consciousness  Show Cryonic Revival  Persuade Society that Death is Unnecessary

15. 2006-12-10martine@terasemweb.org15 Motivations to Get Society to Accept Cyber-Life  Avoid bad suffering without euthanasia  Ending body doesn’t end a person’s life  Gratitude to our those who risk lives (eg cops)  Shouldn’t have to lose body and life  Keep benefiting from key contributors  Comedians, Writers, Elvis, Heroes in virtuality  Avoid bad suffering without euthanasia  Ending body doesn’t end a person’s life  Gratitude to our those who risk lives (eg cops)  Shouldn’t have to lose body and life  Keep benefiting from key contributors  Comedians, Writers, Elvis, Heroes in virtuality

16. 2006-12-10martine@terasemweb.org16 Society’s Deathism Is Unnecessary  World Population Grew from 1 Billion to 6 Billion in 100 yrs  Average Lifespan Doubling ≈40 > ≈80  O’Neill Showed the Solar System Could Support >500x Earth’s Population  World Population Grew from 1 Billion to 6 Billion in 100 yrs  Average Lifespan Doubling ≈40 > ≈80  O’Neill Showed the Solar System Could Support >500x Earth’s Population

17. 2006-12-10martine@terasemweb.org17 Outline of Legal Petition for Biostasis Life IA.Bemes stored ex vivo, hence all functions of the brain (e.g. memory) not ceased IB.Medical science agrees that memory is function of brain and computers IIA. Consciousness retrievable hence no irreversible loss of that brain function either IA.Bemes stored ex vivo, hence all functions of the brain (e.g. memory) not ceased IB.Medical science agrees that memory is function of brain and computers IIA. Consciousness retrievable hence no irreversible loss of that brain function either IIB.Medical science agrees consciousness emerges from thought & not intrinsic to tissue III. Not contrary to Act’s purposes because organ- harvest neutral IV. Find plaintiff with no 3rd parties aggrieved by lack of death certificate, or argue Plaintiff’s interests outweigh others

18. 2006-12-10martine@terasemweb.org18 How About Real Death?  Real death occurs when there is an irreversible loss of consciousness  But consciousness is subjective, and “what is irreversible” nearly so  So real death occurs when there is belief that consciousness is forever gone

19. 2006-12-10martine@terasemweb.org19 Socrates: It is only my body that is dying, not my self

20. 2006-12-10martine@terasemweb.org20 Legal Death is Not Real Death  Has the information constituting someone been irreversibly lost?  Legal death reflects society’s consensus  Yes, if heart, lungs & whole brain flatline  Real death reflects emerging realities  No, if their brain is quickly cryonicized or its material content is uploaded as bemes  Has the information constituting someone been irreversibly lost?  Legal death reflects society’s consensus  Yes, if heart, lungs & whole brain flatline  Real death reflects emerging realities  No, if their brain is quickly cryonicized or its material content is uploaded as bemes

21. 2006-12-10martine@terasemweb.org21 People Will Disagree  Transbemans in biostasis are alive because some people (themselves at least) are sure consciousness will return to them  Transbemans in biostasis are dead to non-believers

22. 2006-12-10martine@terasemweb.org22 One Can Be Dead And Alive  Mortalists:  Cryonics is irreversible  Even if reversed, it is a new being born  Mind-transfer is not that   You are dead  Immortalists:  Cryonics is reversible  When reversed, same being patterns result  Mind-transfers lead to cyber-consciousness   I am alive  Mortalists:  Cryonics is irreversible  Even if reversed, it is a new being born  Mind-transfer is not that   You are dead  Immortalists:  Cryonics is reversible  When reversed, same being patterns result  Mind-transfers lead to cyber-consciousness   I am alive

23. 2006-12-10martine@terasemweb.org23 Final Analysis  Death is irreversible end to beingness  No objective answer (can’t measure) to whether or not beingness has forever ended  Death is therefore a subjective state, the objective indicia of which can be generally agreed-upon in law and culture  Transbemans in biostasis are alive because (1) they intend to reverse their biostasis, (2) they believe their biostasis reflects their beingness, and (3) their beliefs are reasonable to at least some in their reality.  Death is irreversible end to beingness  No objective answer (can’t measure) to whether or not beingness has forever ended  Death is therefore a subjective state, the objective indicia of which can be generally agreed-upon in law and culture  Transbemans in biostasis are alive because (1) they intend to reverse their biostasis, (2) they believe their biostasis reflects their beingness, and (3) their beliefs are reasonable to at least some in their reality.

24. 2006-12-10martine@terasemweb.org24 How Might We Accommodate Treating Death as Subjective?  Individuals choose by contract to “opt out” of legal death via certified biostasis  National Opt-Out Registry certifies biostases programs  Cryonics Firms  Beme Storage Firms

25. 2006-12-10martine@terasemweb.org25 Requirements for Certification  Perpetual (like Alcor’s Patient Trust) Funding Dedicated to Reversibility  Research Program Focused on Revival  Compliance with “Good Biostasis Practices” National Death Opt-Out via Biostasis Registry “NDOBR” (endober)

26. 2006-12-10martine@terasemweb.org26 Consequences of Opting Out of Death Via NDOBR  Death Certificate Replaced with Biostasis Certificate  No Dissolution of Marriage by Death or Loss of Property, Legal or Citizenship Rights  Decisions for Biostasee Made by Trustee  Legally the same as if biostasee were in coma

27. 2006-12-10martine@terasemweb.org27 Conclusions  Transbemans in biostasis are alive because  They reasonably intend their status to be reversible and their identity to be constant  Legal death is not the same thing as real death  The law will change to recognize them as living once  Plaintiffs succeed in showing biostasis ≠death, or  NDOBR is legislated or accepted by courts, or  Reversible biostasis with seemingly constant identity is shown & Social benefits of immortalism are shown to outweigh social interests in death  Transbemans in biostasis are alive because  They reasonably intend their status to be reversible and their identity to be constant  Legal death is not the same thing as real death  The law will change to recognize them as living once  Plaintiffs succeed in showing biostasis ≠death, or  NDOBR is legislated or accepted by courts, or  Reversible biostasis with seemingly constant identity is shown & Social benefits of immortalism are shown to outweigh social interests in death

28. 2006-12-10martine@terasemweb.org28 A National Opt-Out Registry Is Something We Can Do Now  Respects the great Western value of individual choice  Provides an alternative to a death certificate  Commences regularization of biostasis firms  Respects the great Western value of individual choice  Provides an alternative to a death certificate  Commences regularization of biostasis firms