Brain computer interface and transcranial magnetic stimulation in legal practice and regulations

Cognitive Technologies are currently in the focus of Neurolaw due to the possibility to investigate inner brain process allowing to better understand human behaviors. Although technologies such as Brain Computer Interface could lead the transfer of neuroscience achievements in legal studies improving, so, regulations and practice, when used with active tools as Transcranial Magnetic Stimulation they could represent a threat for individuals’ rights. Indeed, these devices bring new evaluation elements in law theory and practice, but they also attract the attention of several application fields, spreading from healthcare to politics and Defense, so that Neurolaw studies should be even more interdisciplinary, considering also the frontiers in technological research, to prevent abuse of individuals’ data and information, providing legal rules and standards to regulate privacy and protect individuals’ will and rights to self-determination. This chapter focuses on Brain Computer Interface and Transcranial Magnetic Stimulation, as examples of frontier devices in Technology which could be used and for benefit and for damaging individuals. The study argues that still low attention is given to protect individuals from abuse of private data and from fraudulent influence of personal behaviors.