Bioethics of Biostasis

2007-11-07 [email protected] 1

The Bioethics of BiostasisThe Bioethics of Biostasis

Martine RothblattYale University Institution for

Social and Policy Studies Interdisciplinary Center for Bioethics

Martine RothblattYale University Institution for

Social and Policy Studies Interdisciplinary Center for Bioethics


Definition of TermsDefinition of Terms

Transbeman A being desirous of human rights but not

conventionally considered so eligible, as well as other beings who self-identify with such beings

Biostasis A virtually complete and intentionally reversible arrest

of biological processes Alive

Capable under appropriate conditions of autonomous activities

Transbeman A being desirous of human rights but not

conventionally considered so eligible, as well as other beings who self-identify with such beings

Biostasis A virtually complete and intentionally reversible arrest

of biological processes Alive

Capable under appropriate conditions of autonomous activities


Legal Definition of Death Legal Definition of Death Originally, in Common Law

“(1) irreversible cessation of circulatory and respiratory functions…”

After Cardio-Pulmonary Support & Organ Transplantation Created a Reason for Alternative Definition “or, (2) irreversible cessation of all functions of the

entire brain, including the brain stem”Uniform Determination of Death Act, 1980-1981

National Conference of Commissioners on Uniform State Laws, ABA & AMA; State laws vary slightly

Originally, in Common Law “(1) irreversible cessation of circulatory and respiratory

functions…” After Cardio-Pulmonary Support & Organ

Transplantation Created a Reason for Alternative Definition “or, (2) irreversible cessation of all functions of the

entire brain, including the brain stem”Uniform Determination of Death Act, 1980-1981

National Conference of Commissioners on Uniform State Laws, ABA & AMA; State laws vary slightly


Questions Raised by 21st Century Technology

Questions Raised by 21st Century Technology

If cryonic biostasis is reversible, then aren’t cryonauts still alive?

If brain functions are transplanted to a computer before brain death, then aren’t the transplantees still alive?

If cryonic biostasis is reversible, then aren’t cryonauts still alive?

If brain functions are transplanted to a computer before brain death, then aren’t the transplantees still alive?


Response from Current Juridico-Medical Establishment

Response from Current Juridico-Medical Establishment

Definition of Death: Subject to “accepted

medical standards” Must be “construed to

effect its general purpose.”

Cryonic Revival & Cyber-Consciousness are Now Impossible

Society Needs Certainty of Death

Definition of Death: Subject to “accepted

medical standards” Must be “construed to

effect its general purpose.”

Cryonic Revival & Cyber-Consciousness are Now Impossible

Society Needs Certainty of Death


But it Took Only 50 Years to Go From This

But it Took Only 50 Years to Go From This

Also no skyscrapers, a/c, galaxies or nukes in 1900…

http://www.traveleze.com/travel_planning/wrightbros.jpg


To this!To this!


And just 30 more years toAnd just 30 more years to


And rapid advancement is not just in aeronautics

And rapid advancement is not just in aeronautics

1967 -- 1st Heart Transplant

2006 -- 75,000th Heart Transplant (ten per day)

1984 -- Vitrification proposed

2005 -- Kidney vitrification reversed

2001 -- 1st Human Vitrification

20?? -- Vitrification Revivals

1967 -- 1st Heart Transplant

2006 -- 75,000th Heart Transplant (ten per day)

1984 -- Vitrification proposed

2005 -- Kidney vitrification reversed

2001 -- 1st Human Vitrification

20?? -- Vitrification Revivals

1980

2005

25 yrs 41 yrs

19 yrs


And Advancement is Exponential, Not Linear

And Advancement is Exponential, Not Linear


Even Today Some Brain Functions Can Be Computerized

Even Today Some Brain Functions Can Be Computerized

Memory, pattern recognition, reasoning

Our uniqueness as people can be digitally stored and presented: Mannerisms Personality Recollections Feelings Beliefs Attitudes Values

Memory, pattern recognition, reasoning

Our uniqueness as people can be digitally stored and presented: Mannerisms Personality Recollections Feelings Beliefs Attitudes Values


We Call These Digital Copies of Key Brain Functions “Bemes”

We Call These Digital Copies of Key Brain Functions “Bemes”

Bemes are the smallest units of our beingness

Beingness is our essential nature or character

By holding our bemes, sites like CyBeRev.org perform a brain function

A “bemenaut” has thus not ceased “all of the functions of the entire brain” -- they are alive

Bemes are the smallest units of our beingness

Beingness is our essential nature or character

By holding our bemes, sites like CyBeRev.org perform a brain function

A “bemenaut” has thus not ceased “all of the functions of the entire brain” -- they are alive


Back to the Medico-Legal Problems

Back to the Medico-Legal Problems

Bemes are not now “accepted medical standards”

The purpose of the rules is to get you dead, definitely dead Can’t use the rules to

defeat their purpose

Bemes are not now “accepted medical standards”

The purpose of the rules is to get you dead, definitely dead Can’t use the rules to

defeat their purpose


Solutions to Legal DeathSolutions to Legal Death

Get Psychiatry to Accept Reality of Bemes As a Brain Function

Merge Bemes with Mindware to Evidence Cyber-Consciousness

Show Cryonic Revival Persuade Society that

Death is Unnecessary

Get Psychiatry to Accept Reality of Bemes As a Brain Function

Merge Bemes with Mindware to Evidence Cyber-Consciousness

Show Cryonic Revival Persuade Society that

Death is Unnecessary


Motivations to Get Society to Accept Cyber-Life

Motivations to Get Society to Accept Cyber-Life

Avoid bad suffering without euthanasia Ending body doesn’t end a

person’s life Gratitude to our those who

risk lives (eg cops) Shouldn’t have to lose body

and life Keep benefiting from key

contributors Comedians, Writers, Elvis,

Heroes in virtuality

Avoid bad suffering without euthanasia Ending body doesn’t end a

person’s life Gratitude to our those who

risk lives (eg cops) Shouldn’t have to lose body

and life Keep benefiting from key

contributors Comedians, Writers, Elvis,

Heroes in virtuality


Society’s Deathism Is Unnecessary

Society’s Deathism Is Unnecessary

World Population Grew from 1 Billion to 6 Billion in 100 yrs

Average Lifespan Doubling ≈40 > ≈80

O’Neill Showed the Solar System Could Support >500x Earth’s Population

World Population Grew from 1 Billion to 6 Billion in 100 yrs

Average Lifespan Doubling ≈40 > ≈80

O’Neill Showed the Solar System Could Support >500x Earth’s Population


Outline of Legal Petition for Biostasis Life

Outline of Legal Petition for Biostasis Life

IA. Bemes stored ex vivo, hence all functions of the brain (e.g. memory) not ceased

IB. Medical science agrees that memory is function of brain and computers

IIA. Consciousness retrievable hence no irreversible loss of that brain function either

IA. Bemes stored ex vivo, hence all functions of the brain (e.g. memory) not ceased

IB. Medical science agrees that memory is function of brain and computers

IIA. Consciousness retrievable hence no irreversible loss of that brain function either

IIB.Medical science agrees consciousness emerges from thought & not intrinsic to tissue

III. Not contrary to Act’s purposes because organ-harvest neutral

IV. Find plaintiff with no 3rd parties aggrieved by lack of death certificate, or argue Plaintiff’s interests outweigh others

IIB.Medical science agrees consciousness emerges from thought & not intrinsic to tissue

III. Not contrary to Act’s purposes because organ-harvest neutral

IV. Find plaintiff with no 3rd parties aggrieved by lack of death certificate, or argue Plaintiff’s interests outweigh others


How About Real Death?How About Real Death?

Real death occurs when there is an irreversible loss of consciousness

But consciousness is subjective, and “what is irreversible” nearly so

So real death occurs when there is belief that consciousness is forever gone

Real death occurs when there is an irreversible loss of consciousness

But consciousness is subjective, and “what is irreversible” nearly so

So real death occurs when there is belief that consciousness is forever gone


Socrates: It is only my body that is dying, not my self

Socrates: It is only my body that is dying, not my self


Legal Death is Not Real DeathLegal Death is Not Real Death

Has the information constituting someone been irreversibly lost?

Legal death reflects society’s consensus Yes, if heart, lungs & whole

brain flatline Real death reflects

emerging realities No, if their brain is quickly

cryonicized or its material content is uploaded as bemes

Has the information constituting someone been irreversibly lost?

Legal death reflects society’s consensus Yes, if heart, lungs & whole

brain flatline Real death reflects

emerging realities No, if their brain is quickly

cryonicized or its material content is uploaded as bemes


People Will DisagreePeople Will Disagree

Transbemans in biostasis are alive because some people (themselves at least) are sure consciousness will return to them

Transbemans in biostasis are dead to non-believers

Transbemans in biostasis are alive because some people (themselves at least) are sure consciousness will return to them

Transbemans in biostasis are dead to non-believers


One Can Be Dead And AliveOne Can Be Dead And Alive

Mortalists: Cryonics is irreversible Even if reversed, it is a new

being born Mind-transfer is not that You are dead

Immortalists: Cryonics is reversible When reversed, same being

patterns result Mind-transfers lead to cyber-

consciousness I am alive

Mortalists: Cryonics is irreversible Even if reversed, it is a new

being born Mind-transfer is not that You are dead

Immortalists: Cryonics is reversible When reversed, same being

patterns result Mind-transfers lead to cyber-

consciousness I am alive


Final AnalysisFinal Analysis

Death is irreversible end to beingness No objective answer (can’t measure) to whether or not

beingness has forever ended Death is therefore a subjective state, the objective

indicia of which can be generally agreed-upon in law and culture

Transbemans in biostasis are alive because (1) they intend to reverse their biostasis, (2) they believe their biostasis reflects their beingness, and (3) their beliefs are reasonable to at least some in their reality.

Death is irreversible end to beingness No objective answer (can’t measure) to whether or not

beingness has forever ended Death is therefore a subjective state, the objective

indicia of which can be generally agreed-upon in law and culture

Transbemans in biostasis are alive because (1) they intend to reverse their biostasis, (2) they believe their biostasis reflects their beingness, and (3) their beliefs are reasonable to at least some in their reality.


How Might We Accommodate Treating Death as Subjective?How Might We Accommodate Treating Death as Subjective?

Individuals choose by contract to “opt out” of legal death via certified biostasis

National Opt-Out Registry certifies biostases programs Cryonics Firms Beme Storage Firms

Individuals choose by contract to “opt out” of legal death via certified biostasis

National Opt-Out Registry certifies biostases programs Cryonics Firms Beme Storage Firms


Requirements for CertificationRequirements for Certification

Perpetual (like Alcor’s Patient Trust) Funding Dedicated to Reversibility

Research Program Focused on Revival

Compliance with “Good Biostasis Practices”

Perpetual (like Alcor’s Patient Trust) Funding Dedicated to Reversibility

Research Program Focused on Revival

Compliance with “Good Biostasis Practices”

National Death Opt-Out via Biostasis Registry“NDOBR” (endober)


Consequences of Opting Out of Death Via NDOBR

Consequences of Opting Out of Death Via NDOBR

Death Certificate Replaced with Biostasis Certificate

No Dissolution of Marriage by Death or Loss of Property, Legal or Citizenship Rights

Decisions for Biostasee Made by Trustee

Legally the same as if biostasee were in coma

Death Certificate Replaced with Biostasis Certificate

No Dissolution of Marriage by Death or Loss of Property, Legal or Citizenship Rights

Decisions for Biostasee Made by Trustee

Legally the same as if biostasee were in coma


ConclusionsConclusions

Transbemans in biostasis are alive because They reasonably intend their status to be reversible and

their identity to be constant Legal death is not the same thing as real death

The law will change to recognize them as living once Plaintiffs succeed in showing biostasis ≠death, or NDOBR is legislated or accepted by courts, or Reversible biostasis with seemingly constant identity is

shown & Social benefits of immortalism are shown to outweigh social interests in death

Transbemans in biostasis are alive because They reasonably intend their status to be reversible and

their identity to be constant Legal death is not the same thing as real death

The law will change to recognize them as living once Plaintiffs succeed in showing biostasis ≠death, or NDOBR is legislated or accepted by courts, or Reversible biostasis with seemingly constant identity is

shown & Social benefits of immortalism are shown to outweigh social interests in death


A National Opt-Out Registry Is Something We Can Do Now

A National Opt-Out Registry Is Something We Can Do Now

Respects the great Western value of individual choice

Provides an alternative to a death certificate

Commences regularization of biostasis firms

Respects the great Western value of individual choice

Provides an alternative to a death certificate

Commences regularization of biostasis firms