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The 3The 3rdrd Annual Terasem Annual Terasem ColloquiumColloquium

• The Tao of The Tao of Personhood: Personhood: The Yin and The Yin and Yang of the Yang of the Property-Property-Person Person Continuum Continuum

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ChallengesChallenges

• Expansion of Legal Expansion of Legal and Ethical and Ethical Definitions of the Definitions of the Person in a Person in a Technical Technical EnvironmentEnvironment(“Evolving Notions (“Evolving Notions of Personhood”)of Personhood”)

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3 Case Scenarios in the not-3 Case Scenarios in the not-so-distant futureso-distant future

• Chimpanzee with vocal cordsChimpanzee with vocal cords• Artificial womb – personhood Artificial womb – personhood

will no longer depend viability or will no longer depend viability or be tied to control over one’s own be tied to control over one’s own bodybody

• Cyborg soldiers, created with Cyborg soldiers, created with spare partsspare parts

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Divergent Paths of Intelligence- Divergent Paths of Intelligence- Hardware, Software, HumanHardware, Software, Human

Three Overlapping Areas of Three Overlapping Areas of EvolutionEvolution

• Sentient Machines (AI)Sentient Machines (AI)• Disembodied Entities (Avatars) Disembodied Entities (Avatars) • Human Technogenics (or Human Technogenics (or

Cyborgs)Cyborgs)

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The NBIC ReportThe NBIC Report

Converging Converging Technologies for Technologies for Improving Human Improving Human

PerformancePerformance

NNanotechnology, anotechnology, BBiotechnology, iotechnology, IInformation nformation Technology, and Technology, and CCognitive ognitive

ScienceScience

NSF/DOC-sponsored reportNSF/DOC-sponsored report

June 2002June 2002

Arlington, VirginiaArlington, Virginia

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• Improving work Improving work efficiency and learningefficiency and learning

• Enhancing sensory and Enhancing sensory and cognitive capabilitiescognitive capabilities

• Revolutionary changes Revolutionary changes in healthcarein healthcare

• Enhancing human Enhancing human capabilities for military capabilities for military purposespurposes

• Nanotechnology-based Nanotechnology-based implantsimplants

• Brain-to-brain and Brain-to-brain and brain-to-machine brain-to-machine interfacesinterfaces

Some anticipated NIBC payoffs Some anticipated NIBC payoffs

(pp. ix-xi)(pp. ix-xi)

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Human Intelligence Human Intelligence AugmentationAugmentation

• to keep up to keep up with AI with AI

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CogAug & Uploads as Safe CogAug & Uploads as Safe AGIAGI

• Perhaps all AGI Perhaps all AGI should be driven should be driven by mammal-by mammal-origin brainsorigin brains

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Property – Personhood Dichotomy in LawProperty – Personhood Dichotomy in Law

• Historically, nonhuman animals have Historically, nonhuman animals have been considered “property”, been considered “property”,

• Slaves, women, and children were Slaves, women, and children were regarded as mere chattel until mid-to-late regarded as mere chattel until mid-to-late 1800’s and early 1900’s1800’s and early 1900’s

• Yet, nonhumans entities, such as Yet, nonhumans entities, such as corporations and ships have been corporations and ships have been recognized and given rights as “persons”recognized and given rights as “persons”

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Humans and Persons Humans and Persons

• All humans are persons BUT, the All humans are persons BUT, the law says…law says…

• All “persons” are NOT All “persons” are NOT humans...for example, humans...for example, corporations, municipalities, corporations, municipalities, even ships have been granted even ships have been granted status as persons by the US status as persons by the US Supreme CourtSupreme Court

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Current Legal SpectrumCurrent Legal Spectrum

• U.S. Supreme Court cases provide a U.S. Supreme Court cases provide a spectrum:spectrum:

• ““Natural” Persons (e.g. aliens, Natural” Persons (e.g. aliens, minors, illegitimate) tominors, illegitimate) to

• ““Juridical” Persons (e.g., Juridical” Persons (e.g., corporations, labor unions, corporations, labor unions, municipalities, government units.municipalities, government units.

• No current legislative or statutory No current legislative or statutory definitiondefinition

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One Proposed Legal One Proposed Legal

(Statutory) Definition(Statutory) Definition • The term "human being" The term "human being"

means: means: (i) (i) any entity possessing any entity possessing

one or more of the higher one or more of the higher facultiesfaculties such as: the ability such as: the ability to reason (including, but not to reason (including, but not limited to, the ability to use limited to, the ability to use facts and argue them, to facts and argue them, to arrive at conclusions from arrive at conclusions from premises in a logical premises in a logical manner, to explain observed manner, to explain observed phenomena and to form phenomena and to form beliefs based on facts); beliefs based on facts);

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Definition cont’dDefinition cont’d

• the ability to evaluate principles and observations the ability to evaluate principles and observations to arrive at reasoned decisions; to arrive at reasoned decisions;

• the ability to formulate speech and communicate; the ability to formulate speech and communicate; • the ability to write; the ability to write; • the ability to develop meaningful personal the ability to develop meaningful personal

relationships with other human beings on the basis relationships with other human beings on the basis of equality; of equality;

• the demonstration of awareness of self as a unique the demonstration of awareness of self as a unique and separate being; the ability to feel concern for and separate being; the ability to feel concern for others; others;

• or any other higher faculty;or any other higher faculty;

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Definition cont’dDefinition cont’d

• (ii) any viable creature that is (ii) any viable creature that is the result of the union of ovum the result of the union of ovum and sperm of parents who are and sperm of parents who are human beings, whether or not human beings, whether or not the union of ovum and sperm the union of ovum and sperm was in utero, and whether or not was in utero, and whether or not the genetic material of the the genetic material of the resulting embryo was resulting embryo was scientifically altered.  scientifically altered.  

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Some Ethical/legal Issues in Converging Tech Some Ethical/legal Issues in Converging Tech we are likely to face over the next 25 yearswe are likely to face over the next 25 years

•Privacy, confidentiality•Informed consent (Artificial Research Subjects)•Augmentation: Enhancement vs. therapeutic, the President’s commission report •Emotions, competence, autonomy, and the law•Capability and culpability (proportional autonomy)•Synthetic humans: are they persons or property?•Issues of Identity•A new lexicon, taxonomy to describe new, complex relationships. (Personal Cognitive Aides)•Issues of justice and equity (the “digital divide”)

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Criteria for Personhood?Criteria for Personhood?

• All Living ThingsAll Living Things• ConsciousnessConsciousness• SentienceSentience

– Peter Singer & Tom ReganPeter Singer & Tom Regan

• Self-AwarenessSelf-Awareness• RationalityRationality

– DescartesDescartes

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Joseph Fletcher’s 15 Propositions for Joseph Fletcher’s 15 Propositions for PersonhoodPersonhood

1. 1. minimum minimum intelligence,intelligence,

2. self-awareness, 2. self-awareness, 3. self-control3. self-control 4. a sense of time4. a sense of time 5. a sense of futurity5. a sense of futurity 6. a sense of the past6. a sense of the past 7. the capability of 7. the capability of

relating to others,relating to others,

8.8. concern for others,concern for others, 9. communication 9. communication 10. control of 10. control of

existenceexistence 11. curiosity, 11. curiosity, 12. change and 12. change and

changeabilitychangeability 13. balance of 13. balance of

rationality and rationality and feeling,feeling,

14. idiosyncrasy 14. idiosyncrasy 15. neocortical 15. neocortical

functioningfunctioning

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What Beings Should be Considered What Beings Should be Considered Persons?Persons?

•Fetuses? Fetuses? (Personhood for Embryos (Personhood for Embryos Referendum in Colorado) Referendum in Colorado)

•Animals?Animals?•Artificial Intelligence?Artificial Intelligence?•Categories in between?Categories in between?•Beings with Numerous Neural Beings with Numerous Neural

Implants and Augmentations?Implants and Augmentations?

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Robot RightsRobot Rights

• Which minds have Which minds have which rights and which rights and responsibilities?responsibilities?

• Engineering slave Engineering slave minds vs.minds vs.

• Flourishing minds, Flourishing minds,

but within social but within social limits?limits?

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Sex and Marriage with Sex and Marriage with Robots?Robots?

First, AI has to attain the status of legal First, AI has to attain the status of legal personhood before any such thing as personhood before any such thing as marriage (or any other contractual marriage (or any other contractual relationship for that matter) is relationship for that matter) is recognized.recognized.

Secondly, What do humans owe “purpose-Secondly, What do humans owe “purpose-built” machines who begin to reach built” machines who begin to reach awareness, or to awareness, or to

so resemble awareness that it becomes a so resemble awareness that it becomes a selling point? selling point?

Thirdly, would these robots be sentient -- Thirdly, would these robots be sentient -- capable of experience pleasure and pain? capable of experience pleasure and pain? Because the act of creating potentially sentient beings carries with it the corresponding responsibility for their actions and for the impact on the human community, the biosphere of the earth and the universe as a whole.

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What the Courts have said…What the Courts have said…

• The U.S. Court of International Trade, in The U.S. Court of International Trade, in Toy Toy Biz, Inc. v. United States Biz, Inc. v. United States in tariff disputein tariff dispute

• U.S. Customs classified the action figures as U.S. Customs classified the action figures as dolls representing only human beings. dolls representing only human beings.

• Toy Biz argued that the action figures were toys Toy Biz argued that the action figures were toys or non-human creatures (i.e. robots and or non-human creatures (i.e. robots and monsters).monsters).

• The Court held that the action figures did The Court held that the action figures did not not represent human beings because they had represent human beings because they had ‘robotic’ features or ‘monster-like’ features.‘robotic’ features or ‘monster-like’ features.

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Identity and RightsIdentity and Rights

• Jack-O-Lantern case – US Supreme Court Jack-O-Lantern case – US Supreme Court 19221922

• 'In rebuilding operations the test is whether 'In rebuilding operations the test is whether the the identity identity of the vessel has continued, or of the vessel has continued, or has been extinguished…has been extinguished…

• This court has not undertaken and will not This court has not undertaken and will not now essay to announce rigid definitions of now essay to announce rigid definitions of repairs and new construction; repairs and new construction; but we do but we do not accept the suggestion that the two not accept the suggestion that the two things can be accurately differentiated things can be accurately differentiated by consideration of the ultimate use to by consideration of the ultimate use to which the vessel is to be devoted. which the vessel is to be devoted.

• Held despite extensive repairs, identity Held despite extensive repairs, identity remained the same remained the same

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Legal and Ethical ConsiderationsLegal and Ethical Considerations

• While the law is well-equipped to hold an While the law is well-equipped to hold an autonomous autonomous individual individual culpable for his or her culpable for his or her actions, the law is not so well designed for such actions, the law is not so well designed for such systems. systems.

• These emerging technologies presents a unique These emerging technologies presents a unique challenge for the legal profession to help shape challenge for the legal profession to help shape policy, since the technology is cutting-edge and policy, since the technology is cutting-edge and statutes, case law, or law journals are usually statutes, case law, or law journals are usually written after the fact.written after the fact.

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Legal and Ethical ConsiderationsLegal and Ethical Considerations

• Rights of the Individual vs. Rights of Persons Rights of the Individual vs. Rights of Persons

• Persons vs. PropertyPersons vs. Property

• Persons -> Persons + Augmentation <-Persons -> Persons + Augmentation <-MachinesMachines

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Legal and Ethical ConsiderationsLegal and Ethical Considerations

• One of the questions facing our courts will be: One of the questions facing our courts will be: where do the rights of an autonomous system begin, where do the rights of an autonomous system begin, assuming that an individual is an inherent part of assuming that an individual is an inherent part of that autonomous system? that autonomous system?

• Whether using a property-personhood dichotomy Whether using a property-personhood dichotomy or property-person continuum, the rights of the or property-person continuum, the rights of the individual may change when the human individual may change when the human performance of the individual is enhanced by performance of the individual is enhanced by machine or other technology.machine or other technology.

• This raises issues about privacy, autonomy, and This raises issues about privacy, autonomy, and culpability. culpability.

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Property-Personhood ContinuumProperty-Personhood Continuum(Proposed Legal Paradigm)(Proposed Legal Paradigm)

Property Property

(Inanimate Objects)(Inanimate Objects)

Full PersonhoodFull Personhood

(Attendant rights (Attendant rights & &

responsibilities)responsibilities)

Quasi-propertyQuasi-property

(Chimeric Humanoids)(Chimeric Humanoids)

Fetuses EmbryosFetuses Embryos

Ex UteroEx Utero

Cyborgs Cyborgs AndroidsAndroids

A/IA/I

Negative LibertiesNegative Liberties

Biotechnology at the Margins of Personhood: An Evolving Legal Paradigm, J. of Evolution and TechnologyBiotechnology at the Margins of Personhood: An Evolving Legal Paradigm, J. of Evolution and Technology

Cognitively impaired Cognitively impaired

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Recommendations and Recommendations and ConclusionsConclusions

As different forms of chimeras As different forms of chimeras and cyborgs are created in the and cyborgs are created in the technical environments, the technical environments, the courts will be the ones to courts will be the ones to determine where these determine where these creations fall on the continuum creations fall on the continuum of personhood.of personhood.

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Recommendations and ConclusionsRecommendations and Conclusions

• The establishment of a common lexicon between The establishment of a common lexicon between policy makers, implementation agents, and policy makers, implementation agents, and multidisciplinary users for terms such as multidisciplinary users for terms such as ‘autonomous’ ‘autonomous’

• The establishment of new lexicon for the new The establishment of new lexicon for the new relationships that are being created as result of new relationships that are being created as result of new technologies, with thoughtful consideration to the technologies, with thoughtful consideration to the impact on current informed consent policy.impact on current informed consent policy.

• The possibility of legal reform and the creation of The possibility of legal reform and the creation of specialized science courts, where the judges will specialized science courts, where the judges will have ongoing education and training to recognize have ongoing education and training to recognize and deal with these new legal issues and categories and deal with these new legal issues and categories that arise from emerging technologies.that arise from emerging technologies.

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A Double Edged SwordA Double Edged Sword

““Technology has always been a double-edged Technology has always been a double-edged sword, empowering both our creative and our sword, empowering both our creative and our destructive natures. It has brought us longer and destructive natures. It has brought us longer and healthier lives, freedom from physical and healthier lives, freedom from physical and mental drudgery, and many new creative mental drudgery, and many new creative possibilities. Yet it has also introduced new and possibilities. Yet it has also introduced new and salient dangers…Stalin’s tanks and Hitler’s salient dangers…Stalin’s tanks and Hitler’s trains used technology. And we still live today trains used technology. And we still live today with sufficient nuclear weapons—not all of with sufficient nuclear weapons—not all of which appear to be well accounted for—to end which appear to be well accounted for—to end all mammalian life on the planet.” – Ray all mammalian life on the planet.” – Ray KurzweilKurzweil

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Thank you for your attention!Thank you for your attention!

• For further info, references contact me at For further info, references contact me at lindaglenn@biomedlaw.com