Copyright 2010-12 1 Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Computer Science, ANU and in Cyberspace Law & Policy, UNSW Information

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Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Computer Science, ANU

and in Cyberspace Law & Policy, UNSW

Information and Human Centred Computing Research Group

ANU RSCS

24 April 2012

http://www.rogerclarke.com/SOS/CyRts {.html,.ppt}

Cyborg Rights

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SingleAbove-The-Knee

Amputee

Earle Connor CA

12.08 seconds for 100m

(avge 29 kph)

A Mechanical Substitute

From: http://www.paralympic.ca/english/athens2004/Athletes/CONNOR_EARLE.asp

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Double Below-The-Knee

Amputee

Oscar Pistorius ZA

21.58 seconds for 200m in 2004

(avge 33.36 kph)

Improvements needed 2005-08:5% for the QF

6.5% for the SF10% for Olympic Gold

A Mechanical Enhancement?

From: IEEE Spectrum, June 2005, p. 13http://www.spectrum.ieee.org/WEBONLY/resource/jun05/0605nspo.html

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Pistorius in the 400m – 2007-2012

• In 2011, Pistorius became the first amputee to win an IAAF World Championships medal (4 x 400m relay)

• On 20 April 2012, Pistorius was named by Time as one of the 100 most influential people in the world ...

• He's run inside the A-qualifying standard for the London Olympics (but ZA is strong in the 400m)

• His best times are 45.20 and 45.07 (cf. Steffenson)• In 2008, 45.96 made the Semis, 44.91 made the Final

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Cyborg RightsThe Topic Area

• Interventions with the human body• Electrical and electro-mechanical interventions

(rather than biological, neurological, cognitive, ...)

• Not speculative, nor even futuristic, but contemporary

• Implications are current and near-future

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Cyborg RightsAgenda

• Progress Report on Cyborgisation

• Model and Proposed Terminology / Dialect

• Rights

• Cases• Their Implications for Rights

• Responsibilities of the Engineering Profession

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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 arm’s 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

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Steve Mann’s Wearcam, Sousveillance, etc.

From: http://wearcam.org/

An External Sight-Enhancer – transmission, recording, augmented display

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Stelarc’s Performance ArtExtensions to the Human Neural System

From: http://www.stelarc.va.com.au/cards/copernicus.jpg

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Electrical pulses stimulate the auditory nerve,

generating an accurate impression of sound

Image from: http://www.BionicEar.org/

An Australian innovation, with an inferior US device close behind

Cochlear Implants – In Use Since 1978/83

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Various Retinal Implant Projects since the Late 1970s

Image from: http://www.bostonretinalimplant.org/project/prosthesis.xml

Boston, UNSW et al., Tübingen, Tokyo

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NICTA's Neural Interfaces / Active Implants Projects

http://www.nicta.com.au/research/projects/implant_systems

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• 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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• Resistance from a journal editor about the idea – 1992

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• 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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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 – 2007

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Speculative ExtensionsNew Sensors • Stelarc’s 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)

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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

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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

ORTHOSIS (or Orthotic n.):

An artefact that supplements or extends a human's capabilities

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Proposed Definitions

PROSTHESIS (or Prosthetic n.):

An artefact that provides the human body with previously missing functionality or overcomes defective functionalitycf. Warwick & Gasson - Restorative & Normalising

ORTHOSIS (or Orthotic n.):

An artefact that supplements or extends a human's capabilitiescf. Warwick & Gasson - Reconfiguring & Enhancing

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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, pacemakers, 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 – 1998• Consensual other-party-initiated – 2004• Involuntary other-party-imposed – 2007

• 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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crimes

• Reduces costs to the state and hence taxpayer• Hence an incentive to extend their use

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crimes

• Other Institutionalised

• Dementia sufferers• Comatose patients• Patients more

generally


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crimes

• Other Institutionalised• Dementia sufferers• Comatose patients• Patients more

generally

A right not to have?


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A right not to have?As discussed by the EU-EGE (2005)

• Principles• Human Inviolability• Human Dignity

• Practice• “Unless urgent and justified”• “No less intrusive method

available”• Controls?

• Approval and monitoring by an independent court

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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

http://www.zimbio.com/pictures/MrvJ9GxkSAo/ING+New+York+Marathon/sykD9GT-lGB/Kurt+Fearnley

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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

• 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?

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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

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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?

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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

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• 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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• 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?

• ...

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• Rights?• For people exposed to dangers to have

orthoses that safeguard them against those dangers?

• For people exposed to dangers from other peopleto have orthoses that provide advantages over their adversaries

• infra-red vision and directional hearing• hardened hands and retractable blades

• For orthots to use their enhancements in particular circumstances

• For orthots to use their enhancements in any 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 ...

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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

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Cyborg RightsAgenda

• Progress Report on Cyborgisation• Model and Terminology• Rights• Cases

and Their Implications for Rights• Responsibilities of the Engineering

Profession

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Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Computer Science, ANU

and in Cyberspace Law & Policy, UNSW

Information and Human Centred Computing Research Group

ANU RSCS

24 April 2012

http://www.rogerclarke.com/SOS/CyRts {.html,.ppt}

Cyborg Rights

Documents

Copyright 2010-12 1 Roger Clarke, Xamax Consultancy, Canberra Visiting Professor in Computer Science, ANU and in Cyberspace Law & Policy, UNSW Information