emerging-technologies 27 October 2021

Brainy business: BIS consults on BCI

The US Bureau of Industry and Security (‘BIS’) has published a ‘Request for Comments Concerning the Imposition of Export Controls on Certain Brain-Computer Interface (BCI) Emerging Technology’.

Such technology includes neural-controlled interfaces, mind-machine interfaces, direct neural interfaces, and brain-machine interfaces, says BIS, which also explains that BCIs ‘provide a direct communication pathway between an enhanced or wired brain and an external device, with bidirectional information flow. BCIs frequently involve a process in which brain signals are acquired, analyzed and then translated into commands that are:

(1) used to control machines;

(2) potentially transferred to other humans; or

(3) used for human assessment or enhancement. Medical uses of BCI technology include replacing or restoring useful function to people disabled by neuromuscular disorders such as amyotrophic lateral sclerosis, cerebral palsy, stroke, or spinal cord injury.’

BIS previously received comments subsequent to a November 2018 consultation. One respondent, it says, urged that

‘U.S. export controls on BCI technology be addressed through the establishment of harmonized multilateral controls. Otherwise, the imposition of export controls on such technology by the United States could adversely impact future collaboration with our allies (e.g., foreign companies might become reluctant to utilize U.S.-origin BCI products or technology if they were subject to unilateral export controls).’

Amongst questions asked by the consultation are: ‘

  1. What specific uniform standards for BCI technology would need to be adopted to ensure their application on a global basis (i.e., as international standards for BCI technology)?
  2. Where does the development of BCI in the United States stand with respect to other countries (e.g., is the United States on the forefront of BCI technology development)?
  3. Is BCI technology currently available for commercial use in certain foreign countries and, if so, where and for what specific purposes (e.g., have foreign companies already developed devices or chips for specific commercial applications)?
  4. Has the current stage of development with respect to invasive and/or non-invasive BCI technology reached the point at which such technology is ready for commercial production and use?’

https://public-inspection.federalregister.gov/2021-23256.pdf