The ghost in the machine: Legal challenges of neural interface devices

Kiel-Chisholm, Scott & Devereux, John (2015) The ghost in the machine: Legal challenges of neural interface devices. The Tort Law Review, 23(1), pp. 32-44.

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Abstract

Neural interface devices and the melding of mind and machine, challenge the law in determining where civil liability for injury, damage or loss should lie. The ability of the human mind to instruct and control these devices means that in a negligence action against a person with a neural interface device, determining the standard of care owed by him or her will be of paramount importance. This article considers some of the factors that may influence the court’s determination of the appropriate standard of care to be applied in this situation, leading to the conclusion that a new standard of care might evolve.

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135 since deposited on 15 May 2015
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ID Code: 84189
Item Type: Journal Article
Refereed: Yes
ISSN: 1039-3285
Subjects: Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > ARTIFICIAL INTELLIGENCE AND IMAGE PROCESSING (080100) > Simulation and Modelling (080110)
Australian and New Zealand Standard Research Classification > MEDICAL AND HEALTH SCIENCES (110000) > NEUROSCIENCES (110900) > Neurosciences not elsewhere classified (110999)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2015 Scott Kiel-Chisholm and John Devereux
Copyright Statement:

1. General use: Permission does not include the right to grant to others permission to copy, photocopy, archive, disseminate, download or otherwise reproduce the content for commercial use, nor does it extend to any form of reproduction or use.

Permission does not cover translation or any other form of adaptation of the content.

If you want to use the relevant content for any other purpose, you must submit a request to the publisher, Thomson Reuters.

2. Paper and online use: Permission is for print and online use as stated and does not cover any other form of reproduction or use other than electronic format as an online reference and placement in QUT ePrints.

Additional permission from publisher, Thomson Reuters, is required for any other form of reproduction.

Deposited On: 15 May 2015 03:26
Last Modified: 22 May 2015 03:57

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