The Brain as Contested Territory
Why neuro‑sovereignty belongs on the rights agenda
Why neuro‑sovereignty belongs on the rights agenda
"Neuro‑sovereignty builds cushions and guardrails so we get the good—therapies, access, richer tools—without the quiet corrosion of mental autonomy."
Neuro‑Sovereignty: Reclaiming Our Mental Domain
By Cosmogram
In just one generation, we have enveloped ourselves in a fog of signals—smartphones buzzing in our pockets, Wi‑Fi streaming into every room, earbuds humming in our ears, satellites beaming overhead, and now consumer devices that monitor our brainwaves. This convenience masks a profound new vulnerability: who controls the signals that touch our minds?
This essay makes the case for neuro‑sovereignty: that individuals and communities must govern their mental domain—thoughts, moods, memories, and brain‑derived data—with the same rigor we apply to land, bodies, and borders. We will keep the discussion accessible without diluting its depth: this is a story of technology, power, and human dignity.
Our environment has transformed in two pivotal ways:
Ambient Exposure: The electromagnetic landscape has thickened with cellular networks, 5G, smart meters, Bluetooth, and a proliferation of connected gadgets.
Datafication of Mind: Tools once confined to clinics—EEG headbands, attention‑tracking earbuds, neuro‑optical glasses—are now consumer products, harvesting neural data around the clock.
Together, these shifts have made our brains more exposed than ever. Unlike the 20th‑century fight against visible toxins (smoke, lead paint, unsafe cars), today’s hazards are informational: devices that infer our mental states, from attention and stress to mood and sleep patterns—especially worrying for developing brains.
Callout: Robert McCreight (Security & Policy)
McCreight describes the brain as a “covert contentious battlefield,” not because of sci‑fi villains, but because everyday infrastructure now reaches into cognition. He urges guardrails before abuse becomes normalized.
Checkpoint for the Reader:
Which always‑on devices in your home share data about you?
If one of them inferred your stress or focus, where would that data travel?
A) Physiological Risk
We live immersed in non‑ionizing radiofrequency (RF) fields from routers, phones, wearables, vehicles, and towers. Public‑health reviews find mixed evidence associating heavy or prolonged RF exposure with neurotransmitter imbalances, blood–brain barrier integrity, and subtle cognitive changes. While connectivity is invaluable, we must treat neural health as a first‑class design constraint:
Action Steps:
• Map RF exposure zones.
• Label devices with emission levels.
• Prudently site new infrastructure (e.g., away from schools).
• Continue rigorous research under the precautionary principle.
B) Informational Risk
The more immediate threat is not heat—it’s harvest. Wearables that infer attention, arousal, or fatigue generate neural telemetry, logging your mental states. Paired with AI, these data predict when you’ll comply, click, buy, or break down—ushering in surveillance capitalism’s final frontier: not just tracking actions, but tracking the mind itself.
Yet law and design conventions treat brain‑derived data like generic usage logs. That is absurd: neural data is closer to biometrics or genetics in sensitivity. Normalizing workplace headsets feeding “focus scores” to HR dashboards, or classroom wearables alerting teachers to inattentiveness, will erode mental privacy before we notice.
Feature: Nita Farahany (Law & Neuro‑ethics)
Farahany champions cognitive liberty—self‑determination over one’s brain and mental data. She calls for updated privacy and thought‑freedom laws that give neural signals special protection.
Neurotechnology is a miracle kit and a mischief kit. On one hand, deep‑brain stimulation alleviates Parkinson’s; neurofeedback aids ADHD; implants restore mobility; TMS eases depression. On the other, the same tools can coerce or disable. Military research on “super‑soldiers,” intelligence efforts probing cognitive vulnerabilities, and hypothetical neuroweapons underscore a dual‑use reality.
We must be realistic: not everything rumored is real, and not everything possible is permissible. But the rule of dual‑use holds: any technology that alters the nervous system can heal or harm, depending on who wields it.
Feature: James Giordano (Neuro‑ethics & Defense)
Giordano’s maxim: “The brain is the battlefield of the future.” He advocates for norms and oversight before cognitive capabilities normalize.
Timeline Sidebar:
1950s–70s: CIA’s MK‑Ultra; Moscow Signal microwave exposures.
2000s–2010s: BRAIN Initiative; DARPA’s neuro‑programs.
2016–present: “Havana Syndrome” investigations into directed‑energy incidents.
Policy Translation: Enact a Brain Geneva Convention—ban non‑consensual neural surveillance, coercive neuromodulation, and offensive neuro‑energy; support defensive research (BCI security, signal shielding, attribution standards).
Indigenous traditions often treat mind, land, and kinship as inseparable. In Māori ethics, the head is tapu (sacred), mandating respect and consent for cognitive integrity. Indigenous communities have already pioneered governance models we can apply to neurotech:
Data Guardianship:
• Ongoing, relational consent for data collection.
• Community‑controlled neural repositories requiring local approval and benefit sharing.
Spectrum Sovereignty:
• Local control over airwaves for culture, education, and safety.
• Polycentric governance replacing one‑size‑fits‑all federal auctions.
These approaches treat signals and data as commons to steward, not resources to mine—modeling the relational, reciprocal framework our global information ecosystem desperately needs.
Culture as Policy: Songs, stories, and ceremonies are living neuro‑policies that normalize respect for minds in ways statutes cannot.
Neuro‑Sovereignty: The right and responsibility of individuals and communities to govern their mental domain—thoughts, moods, memories, and brain‑derived data—so technology upholds dignity rather than erodes it.
Individual Rights
Cognitive Liberty: No coerced brain monitoring or modification.
Mental Privacy: Treat neural signals as inherently sensitive; ban shadow collection and unauthorized mental profiling.
Security‑by‑Design: Devices must offer on‑device inference, auditability, and robust updates.
Transparency & Control: Plain‑language dashboards and off‑by‑default data flows.
Community Stewardship
Cognitive Commons: Reserve spectrum segments for education, culture, and health; require cognitive impact assessments for high‑impact deployments.
Co‑Design & Guardianship: Mandate Indigenous‑informed ethics boards and benefit‑sharing models.
Neuro‑Literacy: Integrate attention hygiene, consent literacy, and mental recovery practices into public health and education.
Systemic Norms
Neuro Bill of Rights: Legally enshrine mental privacy and ban non‑consensual neural operations.
International Treaties: Prohibit neurowarfare; set standards for attribution and independent oversight.
Open & Auditable Tech: Prioritize open standards, independent security reviews, and community networks minimizing cloud dependence.
Six Design Defaults
Local‑first processing.
Minimum‑necessary data collection.
Block shadow flows.
Plain‑speak consent.
Independent audits.
Kill‑switch for instant data purge.
Legislate Rights: Define cognitive liberty and mental privacy in law; update surveillance statutes to ban mind‑tapping.
Device Regulation: Enforce pre‑market safety testing, cybersecurity certification, incident reporting, and clear labeling.
Ban Abuses: Outlaw non‑consensual neural surveillance, coercive neuromodulation, and offensive neuro‑energy.
Spectrum Trusts: Pilot community airwave governance, prioritizing culture and public services.
Co‑Governance: Fund Indigenous Data Guardianship; require community seats on neuro‑ethics councils.
Neuro‑Literacy Campaigns: Launch public‑health initiatives, school curricula, and workplace programs on attention management and consent.
Sanctuary Spaces: Designate ad‑free, surveillance‑free physical and digital zones; test weekly “airwave sabbaths.”
Open Ecosystem: Support open‑source neurotech, on‑device AI, and local data escrows.
Protecting mental autonomy is not anti‑technology—it’s a course correction. True innovation thrives under scrutiny. If a product depends on siphoning your brain data into a black box, that’s dependency, not progress. Neuro‑sovereignty builds guardrails that preserve the promise of neurotech—therapies and tools that enrich life—while preventing the quiet corrosion of our mental freedom.
Closing Metaphor:
Think of your brain as a library. The 20th century protected the building; the 21st must protect the catalog and the reading habits—who borrows what and how long they linger—so no one can re‑shelve our thoughts without permission.
Endnotes (Selected)
Robert McCreight, The War Inside Your Mind: Unprotected Brain Battlefields & Neuro‑Vulnerability (2024).
Frontiers in Public Health (2021). Review of RF exposure and neural endpoints.
Nita Farahany, The Battle for Your Brain (2023).
James Giordano, National Defense Magazine (2017).
Testimony on Anomalous Health Incidents (“Havana Syndrome”).
Judy Illes et al., “The Risk of Neurotechnology as an Instrument of Colonialism” (2024).
Darrah Blackwater et al., “Spectrum Sovereignty on Tribal Lands” (2022).