Neurotechnology Governance in the United States: Gaps and Opportunities

TL;DR

This paper reviews US policies on neurotechnology and finds gaps in governance, suggesting the need for stronger frameworks to address ethical and legal challenges.

Contribution

The paper provides the first comprehensive review of US policies governing neuroscience and neurotechnology.

Findings

Current US neurotechnology governance relies heavily on soft policies at the federal level.

State-level legislation is beginning to emerge, particularly around neurodata.

The review identifies significant gaps in ethical, legal, and social oversight.

Abstract

Neuroscience's accelerating advances have reached a pivotal point in the study of the human brain, including neurotechnologies capable of recording large amounts of data and acting with greater precision. However, the use of neurotechnology has raised a number of ethical, legal, and social implications (ELSI). To that end, sufficiently robust policy and governance structures must be considered. To date, no published review of United States policies governing neuroscience and neurotechnology exists. To address this, we review US polices and various ethical frameworks overseeing neuroscience and neurotechnology. This policy review highlights where gaps in neuroscience and neurotechnology policy and governance might exist. Overall, our review shows that “soft policies” make up the present‐day US neurotech‐governance universe at the federal level, with neurodata specific state‐legislation emerging. The included analysis can aid researchers, technology developers, neuroethicists, research ethicists, legal scholars, and others in facilitating ethically and socially responsible implementation of neuroscience and neurotechnology as they move from “bench to bedside and beyond.”