BCI devices and their capacity to express human will having legal value: A model of risk-based classification

One of the ultimate frontiers in biotechnology is Brain-computer-interface.BCI devices are currently developed for therapeutic purposes (e.g., as assistivetools) but also recreational ones. A BCI system detects brain activity, allowinga decoding of patterns of neural signals, then ‘translatable’ in commands acomputer can understand and even carry out in the external reality. That’swhy BCI is now becoming more used (or experimented), considering theadvantages that could derive from it. Nevertheless, it also raises somequestions from a legal perspective. This Paper focuses on BCI-based devicesused for assistive and augmented communication of users, and wonders whatlegal regime should be accorded to the personal will expressed through thosetools. Once the risks have been identified, the parameters and requirementsa BCI device must meet, for the human will expressed through it having legalvalue, are outlined. The Paper proposes, in conclusion, a self-assessmentstrategy to operationalize BCI technologies applicable to the context of legalrelations, implementing methods of risk evaluation and management. A risk-based classification model is also suggested.