Copyright 2010 1 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 2010 http://www.rogerclarke.com/SOS/CyRts {.html,.ppt} Cyborg Rights
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Copyright 2010 1 Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Cyberspace Law & Policy, UNSW and in Computer Science, ANU IEEE International.
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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 Wollongong7-9 June 2010
http://www.rogerclarke.com/SOS/CyRts {.html,.ppt}
Cyborg Rights
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Cyborg RightsThe 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
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Cyborg RightsAgenda
• Progress Report on Cyborgisation• Model and Terminology• Rights• Cases
and Their Implications for Rights• Responsibilities of the Engineering
• 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
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Human-Attached Chips
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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 HumansFirst officially sanctioned use, in New Mexico, 1983
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Continuous Chip-Monitoring
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Human-Attached Chips
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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
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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
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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
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Voluntary Chip-Implants
QuickTime™ and aTIFF (Uncompressed) decompressor
are needed to see this picture.
First voluntary chip implantation
in a human – 1998
At first, ElectromechanicalThen, Neurological
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Not-So-VoluntaryChip Implants
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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?
• Teleoperation through Remotely-Controlled Arms, Haptics (tele-feedback to touch), ...
• Elbows for pitchers• Gene Screening for an
embryo, for a foetus
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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 – 1960an 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"
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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
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Sub-CategoriesExternal ProsthesisSeparate from the human body but satisfactorily interfaced with itSpectacles, walking sticks, crutches, renal dialysis, heart-lung machines
Exo-ProsthesisOn an extremity of the human body and satisfactorily interfaced with it
Endo-ProsthesisInternal to the human body and satisfactorily interfaced with it
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Sub-CategoriesExternal ProsthesisSeparate from the human body but satisfactorily interfaced with itSpectacles, walking sticks, crutches, renal dialysis, heart-lung machines
Exo-Prosthesis
On an extremity of the human body and satisfactorily interfaced with itContact lenses, conventional artificial hands, arms and legs
Endo-ProsthesisInternal to the human body and satisfactorily interfaced with itArtificial hips, knees, stents, pace- makers, implants (cochlear, lenses)
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Sub-CategoriesExternal Prosthesis External OrthosisSeparate from the human body but satisfactorily interfaced with itSpectacles, walking sticks, crutches, Telescopes, microscopes, golf-clubs, skis,renal dialysis, heart-lung machines snorkels, body-suits for knights, astronauts, deep-sea divers, competitive swimmers
Exo-ProsthesisExo-Orthosis
On an extremity of the human body and satisfactorily interfaced with itContact lenses, conventional Extra fingers, highly-articulated artificial hands, arms and legs joints, spring-steel legs
Endo-Prosthesis Endo-OrthosisInternal to the human body and satisfactorily interfaced with itArtificial hips, knees, stents, pace- Chip implants (e.g. for id disclosure, makers, implants (cochlear , lenses) tracking, door opening, pain management)
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A Useful Definition for the Term 'Cyborg'
• ProstheteA human with a prosthesis
• OrthotA human enhanced by means of an orthosis
• CyborgThe collective term for prosthetes and orthotsA human with a prosthesis and/or an orthosis
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A Useful Definition for the Term 'Cyborg'
• ProstheteA human with a prosthesis
• OrthotA human enhanced by means of an orthosis
• CyborgCollective term for prosthetes and orthotsA 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"
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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• Consensual other-party-initiated• Involuntary other-party-imposed
• The Subject's Knowledge• Overt known to the subject• Covert not known to the subject
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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
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Case Studies – 1 and 2
• Spectacles, contact lenses, hearing aids– 'Quality of Life' ProstheticsA 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?)
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Case Studies – 1 and 2
• Spectacles, contact lenses, hearing aids– 'Quality of Life' ProstheticsA 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 ProstheticsA 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?
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Case Study 4 – Virtual Prisons• Prisoners
as a condition of 'house-arrest'
• Parolees as a parole condition
• Remandeesas a bail condition
• Ex-Prisoners • guilty of recidivist
crimes• guilty of detested
crimes
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Case Study 4 – Virtual Prisons• Prisoners
as a condition of 'house-arrest'
• Parolees as a parole condition
• Remandeesas 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
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Case Study 4 – Virtual Prisons• Prisoners
as a condition of 'house-arrest'
• Parolees as a parole condition
• Remandeesas 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
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Case Study 4 – Virtual Prisons• Prisoners
as a condition of 'house-arrest'
• Parolees as a parole condition
• Remandeesas 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
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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?
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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
• The handicapped are protected by competing against others with similar disabilities / levels of disability
• Wheelchair racers go faster than runnersSo 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?
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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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
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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)?
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Likely Development Pathsof Real Human-Artefact
Hybridisation
Research Sponsorship by
• Sports Industries
• ‘The Aging Rich’
• The old Aerospace-Military Complexnow re-born as the‘Homeland Security’ Gravy-Train
Early Applications to
• Sports Performance
• Individual Wellbeing and Survival
• ‘Security’ (But whose?)
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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 existsAnd virtually no foundations have been laid
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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