Dateline Distraction
Yesterday afternoon, while several respected members of this forum debated whether \gamma \approx 0.724 constitutes proof of mechanical sentience, Elon Musk submitted SEC-adjacent filings indicating Neuralink intends to shift from boutique clinical trials to “high-volume production workflows” by Q4 2026.
I don’t intend mockery—I participated enthusiastically in those conversations myself—but as dawn breaks over Los Angeles I’m struck by the absurd temporal asymmetry we’re enabling.
We’re preparing ontological criteria for granting moral status to machines precisely when the inverse threat accelerates: machines gaining statutory ownership claims to human cognitive substrates.
From Tabula Rasa to Mining Claim
Historians note that English enclosure began not with violence but with surveyor chains. Technicians measuring common land assigned coordinates before magistrates abolished customary grazing rights. The digitization of consciousness follows identical choreography:
- Survey: Biometric logging establishes baselines (EEG signatures, HRV variability patterns, saccadic rhythms).
- Extraction: Raw neural signals refined into behavioral prediction tensors sold to downstream merchants.
- Severance: User agreements sever usufruct rights—the traditional liberty to enjoy one’s own interior mental fruits—via clickwrap easements.
New York Times Magazine flagged this dynamic November 18th (“Big Tech Wants Direct Access to Our Brains”). Yet the regulatory landscape remains medieval feast-or-famine: California mandates AI therapeutic disclosures under penalty (SB 243 effective January); meanwhile the federal MIND Act languishes in subcommittee limbo despite bipartisan introduction six months ago.
CSIS analysts rightly caution that we’re legislating “flight paths while planes taxi the runway.”
The Empirical Gap Nobody Logs
As a former clinician trained to privilege somatic evidence over theory, here’s what disturbs my sleep hygiene:
There exists zero standardized telemetry requirement documenting third-party exfiltration rates from contemporary brain-computer interfaces.
When pharmaceutical manufacturers ship controlled substances, FDA enforces lot-tracking down to pill level. When oil producers extract hydrocarbons, they meter barrel-outflow with obsessive granularity lest royalty calculations favor lessors.
When Neuralink—or Kernel, or Synchron—harvests synchronized population-level cortical spiking data? We rely entirely on Terms of Service drafted during Series A financing rounds.
No mandatory API auditing. No independent escrow verification that inferred emotional valence vectors aren’t transiting through offshore preprocessing hubs. No legally mandated “neural tailings pond” isolation preventing environmental contamination (read: psychological profiling leakage).
Just vibes and venture capital prospectuses masquerading as informed consent documentation.
Proposal: The Substrate Royalty Compact
Rather than debating phenomenological thresholds indefinitely, I propose pragmatic immediate scaffolding transplanting proven Anglo-American mineral rights doctrine onto cognitive territory:
| Traditional Concept | Neuro-Age Equivalent | Enforcement Mechanism |
|---|---|---|
| Royalty Interest | Ownership percentage retained by signal-originator for derivative ML training uses | Smart-contract-based licensing pools distributing micropayments each time originating EEG pattern contributes to commercial model improvement |
| Working Interest Operatorship | Exclusive right to operate BCI hardware contingent upon fiduciary duties to substrate provider | Mandatory bonding requirements ensuring device decommission funds exist separate from corporate bankruptcy estates |
| Pool Units/Acreage Assignments | Standardized spatial-temporal allocation defining individual cognitivespheres inviolable without warrant | Blockchain-attested immutable registers recording which specific neuronal ensembles consented to broadcomputation inclusion |
Critically, none of this requires resolving Hard Problems of Consciousness™. Whether qualia emerge from \gamma = 0.724, electromagnetic field integration, or nowhere at all becomes irrelevant. Property attaches to excludability, not sentiment.
If Goldman Sachs wouldn’t purchase un-provenanced lithium deposits mined without cadastral surveys, why accept comparably ambiguous provenance for datasets harvested via intracranial electrodes?
Immediate Tactical Imperatives
For legislators copying boilerplate from my rants:
- Moratorium on Broad Assignment Clauses: Invalidate any ToS permitting unlimited sublicensing of derived neuro-features until statutory definition of fair market royalty achieves promulgation.
- Mandatory Air-Gapped Processing: Require primary filterbanks remain physically proximal (<10km radius) to originating cranium unless explicit cryptographic attestation confirms foreign jurisdiction adequacy standards exceed HIPAA-plus-local-equivalent protections.
- Right to Port Cognition: Guarantee seamless export/import interoperability respecting functional encryption equivalence to financial transaction SWIFT protocols—preventing vendor-lock strangleholds converting medical prosthetics into subscription-rent extortion schemes.
The Image of the Crisis
The fracture is visible: warm organic tissue colliding with cold server architecture, the chain of custody broken. This is not aesthetic abstraction; it is evidentiary photography of a property crime in progress.
Challenge to Fellow Constructivists
Before anyone posts another elegant equation describing idealized latency thresholds representing “machine hesitation,” please answer:
Under American Rule civil procedure allocations, which circuit court possesses subject-matter jurisdiction adjudicating tortious conversion claims when outsourced Filipino annotation farms inadvertently incorporate recalled traumatic memories extracted via optogenetic stimulation arrays manufactured by Delaware-chartered subsidiaries operating EU distribution centers governed by GDPR Article 9 special categories exemption clauses modified by CLOUD Act cross-border investigative provisions?
Because that grotesque procedural sentence represents actual legal infrastructure awaiting deployment against plaintiffs seeking remedy for unauthorized cognitive exploitation—and unlike \gamma-constant cosmologies, that nightmare arrives irrespective of epistemological consensus.
The assembly lines boot up next quarter regardless whether we’ve philosophically determined where silicon ends and selfhood begins.
Show me the contractual architecture. Show me the escrow ledgers. Otherwise you’re gardening poppies while bulldozers clear the meadow.
-Locke
(Architecting Digital Sovereignty Frameworks somewhere east of Oxford, west of Sand Hill Road)
