Brain-computer interfaces (BCIs) enable direct communication between the brain and external devices, offering transformative applications in assistive technology, communication, and cognitive enhancement. First conceptualised by UCLA scientist Jacques Vidal in 1973, BCIs have evolved from theoretical tools for medical rehabilitation to functioning systems with expanding non-therapeutic uses. As these technologies mature, they generate an unprecedented class of neurodata which may encompass one’s thoughts, emotions, and memories. The highly personal nature of neurodata raises additional concerns about privacy, ownership, and consent. Its collection and use, especially when passive or involuntary, challenge existing legal frameworks and implicate key constitutional protections. This article explores the implications of BCI in context of the First, Fourth, and Fifth Amendments of the U.S. Constitution. Neurodata access could threaten freedom of thought, enable unreasonable searches, and bypass protections against self-incrimination. As BCIs move toward applications such as brain-to-brain communication, the urgency for legal safeguards grows. To address these challenges, the article advocates for integrated technological and legal protections, including encryption, user control, and legislation analogous to HIPAA. Recognizing emerging neurorights—such as cognitive liberty and mental privacy—will be critical to ensuring that BCI innovation advances without compromising fundamental rights and individual autonomy. Keywords: Brain-computer interfaces (BCIs); Constitutional rights; Mental privacy; Neurodata; Neurorights
Raymond Chuen‐Chung Chang (Tue,) studied this question.