Additionally, Australia is host to one of the top five BCI companies by total investment. As of 2021, NeuroTech Analytics placed Synchron as the second largest by total investment at $130 million USD – behind only Neuralink at $363 million USD.19 Synchron works on implantable BCI devices, and is an endovascular BCI leader.20 Synchron is developing the ‘Stentrode’ which can be inserted into the brain via blood vessels and used for controlling computers and treating neurological disorders such as paralysis.21 In July 2022, Synchron was the first company to utilise an endovascular BCI approach in the US after successful implantation. This will have significant implications for the scalability of neurotechnology as this approach does not require open‑brain surgery.22 Beyond Synchron, there are also a dozen other private sector companies in Australia that have been identified as operating in the neurotechnology sector, with Australia being placed in the top 10 countries world‑wide in terms of the number of neurotechnology organisations.23 Despite the success of Australia’s neurotechnology industry and the current proposals to establish an Australian Brain Initiative, there has been no Australian institutional responses to the human rights implications of neurotechnologies.24 This has led to direct criticism of Australia’s responses to human rights and neurotechnology as being under‑theorised. It has also been noted that Australia lacks a sufficient response from the appropriate regulatory or human rights institutions on how to mitigate the potential harms of neurotechnologies.25 1.1 Definitions Neurotechnologies This background paper adopts the following definition of neurotechnologies: … those devices and procedures used to access, monitor, investigate, assess, manipulate and/or emulate the structure and function of the neural systems of natural persons.26 They are meant to either record signals from the brain and ‘translate’ them into technical control commands, or to manipulate brain activity by applying electrical or optical stimuli.27 Broadly speaking, there are three central types of neurotechnology: ƒ devices which monitor brain activity ƒ devices which intervene in brain activity ƒ devices which are a combination of the preceding two types. 28 Brain‑computer interfaces At the core of neurotechnologies are BCIs.29 BCIs are devices which connect an individual’s brain to a computer or device (e.g. a smartphone, computer etc.) external to the human body. BCIs facilitate bi‑directional communication between the brain and an external device – either transmitting neural data or possibly altering neural activity.30 This can operate either by implantation inside of a person’s skull or via a non‑implantable wearable device.31 A non‑implantable BCI will generally sit on an individual’s head – often in the form of wearable technology, such as helmets, glasses and wristbands. It is these less invasive wearable BCIs which currently dominate the consumer neurotechnology market.32 Such technology may assist people with expressive or communicative disabilities to better communicate by decoding images in a person’s mind.33 These devices have already been used to successfully share images and words between people in different rooms via non‑implantable BCI devices – enabling individuals to effectively exchange thoughts.34 6 Protecting Cognition: Background Paper on Human Rights and Neurotechnology

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