Firms Selling Brain Wave Data Face Setback in US State of Colorado

Kamran Ali
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How technology can read your thoughts?

What makes you who you are? It's how you process things, how you think, decide, react and remember. One can argue it's all about the brain. The human brain is where our memories are stored. All the information that we've ever gathered, every thought that shapes the way we behave. Now with this in mind, what do you think about privacy? The right to your private thoughts, the ability to keep a secret. This should be a basic human right, but in most places it's not. because these days, technology can read your thoughts. Sensors can map your brain waves they can detect spikes in neural activity. Basically, some products can read your mind. And the companies behind these products can then sell this information. 

That's right, firms can legally sell your brainwave data. Because most places do not have laws governing this. But that has just changed in one place. The state, the US state of Colorado, Colorado passed a new law yesterday. It has expanded the definition of sensitive data. Now this includes neural data from the brain, spinal cord, and even nerves. All these parts of your body generate data in the form of electric signals. And now these electric signals will become private property in Colorado. All these devices that monitor brain activity, headbands that help track anxiety, fitness apps that measure your sleep cycles, earphones, that promise enhanced tech-aided meditation experiences, Pro Max, whatever the device, if it monitors brain waves. This data is now private, at least in the US state of Colorado. 

Before this new law, it was the Wild West when it came to brain data. Any of these companies could have sold your brain data. Feeling happy and refreshed after a jog, your headband could sell this data to a juice company. Feeling tired after a long day at work, your earphones could inform an antidepressant company. Have a winning hand at poker? Well, you can forget about your poker face. Your fitness band will sense your joy, and it may sell you out for a price. You get the picture. Your inner thoughts, your private emotions, even your imagination technology can read all of it like a book, and big tech is waiting to monetize all of this as well. You may think I'm being alarmist, But let me show you a report. 

It's from a few months ago. Apple filed a patent for a next-generation AirPod sensor system. The patent background mentions brain activity. Apple will be monitoring it by placing electrodes on a user, specifically on your ears. And these sensors will always be active, whether you're using a specific monitoring app or not. What do you think that's for? If there are no laws against it, what stops Apple or anyone else from harvesting your brain data and selling it to the highest bidder. Then there are the most invasive device makers, the brain chip companies, like Elon Musk's Neuralink. These chips can provide great benefits, help people overcome disabilities, but they also have direct access to your brain and all the thoughts that lie within. What guarantee is there that this data won't be auctioned off? 

Colorado's law is the need of the hour. It's not to counter some future threat because brain data collection is already happening. Without guardrails, all your personal thoughts are up for sale. Colorado has implemented some much-needed guardrails. This new law will allow people to access their brain data. They can access, delete, or correct it. And they can stop the sale of their data for targeted advertising. Companies have already admitted to doing this. They share brain data with third parties. If it's your brain data, your thoughts, dreams and personalities, you should have control over it. Now this law is inspiring similar laws in other American states, but this cannot just be a Western protection. The rest of us need these laws too. 

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