Nita Farahany Wants to Protect Our Brain Data

The Duke law professor is a leading advocate for stronger laws to protect mental privacy. Anyone can take her class on the issue.

Consumer wearables are not just tracking fitness – they are becoming increasingly capable of collecting and analyzing intimate human biometrics. Duke Law Professor Nita Farahany is one of the leading voices advocating stronger laws to protect mental privacy — the right to control how one’s brain data is used.

It’s a core issue in Farahany’s AI Law and Policy classes, which she has opened up to the public via her Substack page. Each week, Farahany posts lessons that give subscribers a virtual seat in her class, including what she calls “the revelations, the confusion, the ‘aha’ moments, and yes, actual legal education” on the complex and rapidly evolving world of AI and digital technology governance, including cybersecurity and privacy.

In recent classes, students examined the difference between measuring and collecting biometric data and using it to infer one’s mental state. Such inferences could potentially be used to manipulate thoughts, shape preferences, and influence behavior — in other words, erode personal autonomy. They then looked at existing and proposed regulatory frameworks to protect neural data —what Farahany calls “the fastest-moving area of data privacy law right now” — and whether they preserve individual autonomy.

Farahany explains the motivation for opening her class to the public simply: “We need an easy way for people to level up on an area that impacts all of our lives.”

This spring the curriculum examines how the law addresses AI technologies that affect mental privacy, cognitive autonomy, and psychological wellbeing. This concept of protecting cognitive liberty in the digital age is a concept Farahany develops in her book “The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology.“

“Enroll" in Farahany’s class by subscribing to her Substack.