Journal article
The regulation of cognitive enhancement devices : extending the medical model
- Abstract:
- This article presents a model for regulating cognitive enhancement devices (CEDs). Recently, it has become very easy for individuals to purchase devices which directly modulate brain function. For example, transcranial direct current stimulators are increasingly being produced and marketed online as devices for cognitive enhancement. Despite posing risks in a similar way to medical devices, devices that do not make any therapeutic claims do not have to meet anything more than basic product safety standards. We present the case for extending existing medical device legislation to cover CEDs. Medical devices and CEDs operate by the same or similar mechanisms and pose the same or similar risks. This fact coupled with the arbitrariness of the line between treatment and enhancement count in favour of regulating these devices in the same way. In arguing for this regulatory model, the paper highlights potential challenges to its implementation, and suggests solutions.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
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(Preview, Version of record, pdf, 367.6KB, Terms of use)
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- Publisher copy:
- 10.1093/jlb/lst003
Authors
+ Oxford Foundation on Ethics and Education
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- Funding agency for:
- Douglas, T
- Grant:
- 100705/z/12/z
- WT087211
+ Uehiro Foundation on Ethics and Education
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- Funding agency for:
- Savulescu, J
- Grant:
- 086041/Z/08/Z
+ Wellcome Trust
More from this funder
- Funding agency for:
- Douglas, T
- Cohen Kadosh, R
- Savulescu, J
- Grant:
- WT087211
- 100705/z/12/z
- WT88378
- 086041/Z/08/Z
- Publisher:
- Oxford University Press
- Journal:
- Journal of Law and the Biosciences More from this journal
- Volume:
- 1
- Issue:
- 1
- Pages:
- 68-93
- Publication date:
- 2014-03-01
- Edition:
- Publisher's version
- DOI:
- EISSN:
-
2053-9711
- Language:
-
English
- Keywords:
- Subjects:
- UUID:
-
uuid:6c191dc3-3c76-41fa-b13c-e34e02cdfb1f
- Local pid:
-
ora:9800
- Deposit date:
-
2015-01-23
Terms of use
- Copyright holder:
- Maslen et al.
- Copyright date:
- 2014
- Notes:
-
© The Author 2014. Published by Duke University School of Law, Harvard Law School, Oxford University Press, and Stanford Law School.
This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/3.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited.
- Licence:
- CC Attribution (CC BY)
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