ABSTRACT

The objective of this chapter is to map the legal issues raised by cognitive enhancement interventions. It takes a broad view of what constitutes cognitive enhancement even though the ethical discussion tends to focus on novel biomedical technologies. This broader view helps to identify the more general legal principles common to multiple forms of cognitive enhancement. It should be noted that the specific laws applicable in a given case are likely to vary greatly by jurisdiction, form of intervention, context of use, and target population among other factors. The chapter offers a structured framework within which to think through the legal implications of cognitive enhancement. It organizes the discussion into issues related to (1) freedom, or the obligation to use or not to use cognitive enhancements, (2) responsibilities of users, makers, and providers of cognitive enhancements and of people toward their dependents, (3) rights of access to cognitive enhancements, (4) ownership of the intellectual products of enhanced minds, (5) reasons for government regulation of cognitive enhancement interventions, and (6) international legal issues such as cognitive enhancement during armed conflict.