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Univ. of San Diego School of Law

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Wednesday, July 31, 2013

"Could the Government Get a Search Warrant for Your Thoughts?"

From the Atlantic:

We don't have a mind reading machine. But what if we one day did? The technique of functional MRI (fMRI), which measures changes in localized brain activity over time, can now be used to infer information regarding who we are thinking aboutwhat we have seen, and the memories we are recalling. As the technology for inferring thought from brain activity continues to improve, the legal questions regarding its potential application in criminal and civil trials are gaining greater attention.

. . .

So far, concerns regarding reliability have kept thought-inferring brain measurements out of U.S. (but not foreign) courtrooms. But is technology theonly barrier? Or, if more mature, reliable brain scanning methods for detecting truthfulness and reading thoughts are developed in the future, could they be employed not only by defendants hoping to demonstrate innocence but also by prosecutors attempting to establish guilt? Could prosecutors armed with a search warrant compel an unwilling suspect to submit to brain scans aimed at exploring his or her innermost thoughts?

http://lawprofessors.typepad.com/crimprof_blog/2013/07/could-the-government-get-a-search-warrant-for-your-thoughts.html

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Comments

I don't think so.

Posted by: Mickey Mixon | Aug 19, 2013 10:56:57 PM

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