Cognitive liberty

Cognitive liberty, or the "right to mental self-determination", is the freedom of an individual to control their own mental processes, cognition, and consciousness. It has been argued to be both an extension of, and the principle underlying, the right to freedom of thought. Though a relatively recently defined concept, many theorists see cognitive liberty as being of increasing importance as technological advances in neuroscience allow for an ever-expanding ability to directly influence consciousness. Cognitive liberty is not a recognized right in any international human rights treaties, but has gained a limited level of recognition in the United States, and is argued to be the principle underlying a number of recognized rights.

The term "cognitive liberty" was coined by neuroethicist Wrye Sententia and legal theorist and lawyer Richard Glen Boire, the founders and directors of the non-profit Center for Cognitive Liberty and Ethics (CCLE). Sententia and Boire define cognitive liberty as "the right of each individual to think independently and autonomously, to use the full power of his or her mind, and to engage in multiple modes of thought."

The CCLE is a network of scholars dedicated to protecting freedom of thought in the modern world of accelerating neurotechnologies. They seek to develop public policies that will preserve and enhance freedom of thought, and offer guidance with regard to relevant developments in neurotechnology, psychopharmacology, cognitive sciences and law.

Sententia and Boire conceived of the concept of cognitive liberty as a response to the increasing ability of technology to monitor and manipulate cognitive function, and the corresponding increase in the need to ensure individual cognitive autonomy and privacy. Sententia divides the practical application of cognitive liberty into two principles:

These two facets of cognitive liberty are reminiscent of Timothy Leary's "Two Commandments for the Molecular Age", from his 1968 book The Politics of Ecstasy:

Supporters of cognitive liberty therefore seek to impose both a negative and a positive obligation on states: to refrain from non-consensually interfering with an individual's cognitive processes, and to allow individuals to self-determine their own "inner realm" and control their own mental functions.

This first obligation, to refrain from non-consensually interfering with an individual's cognitive processes, seeks to protect individuals from having their mental processes altered or monitored without their consent or knowledge, "setting up a defensive wall against unwanted intrusions". Ongoing improvements to neurotechnologies, such as transcranial magnetic stimulation and electroencephalography (or "brain fingerprinting"), and to pharmacology, in the form of selective serotonin reuptake inhibitors (SSRIs), nootropics, modafinil and other psychoactive drugs, are continuing to increase the ability to both monitor and directly influence human cognition. As a result, many theorists have emphasized the importance of recognizing cognitive liberty in order to protect individuals from the state using such technologies to alter those individuals' mental processes: "states must be barred from invading the inner sphere of persons, from accessing their thoughts, modulating their emotions or manipulating their personal preferences." These specific ethical concerns regarding the use of neuroscience technologies to interfere or invade the brain form the fields of neuroethics and neuroprivacy.

This element of cognitive liberty has been raised in relation to a number of state-sanctioned interventions in individual cognition, from the mandatory psychiatric 'treatment' of homosexuals in the US before the 1970s, to the non-consensual administration of psychoactive drugs to unwitting US citizens during CIA Project MKUltra, to the forcible administration of mind-altering drugs on individuals to make them competent to stand trial. Futurist and bioethicist George Dvorsky, chair of the Board of the Institute for Ethics and Emerging Technologies has identified this element of cognitive liberty as being of relevance to the debate around the curing of autism spectrum conditions. Duke University School of Law Professor Nita A. Farahany has also proposed legislative protection of cognitive liberty as a way of safeguarding the protection from self-incrimination found in the Fifth Amendment to the US Constitution, in the light of the increasing ability to access human memory. Her book 'The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology' discusses the matter in great detail.