
Episode #19
Who Owns the Inside of Your Head? | Gerardo Lebrón Laboy
Gerardo Lebrón Laboy calls himself a robotics, AI, and brain-computer interface lawyer. He's taught Robot Law at 2 law schools here in Puerto Rico, and his master's in law and technology at the University of Ottawa had Isaac Asimov on the reading list (thanks to his teacher Ian Kerr, still "Master Jedi" to him). His case is that none of this is science fiction anymore. Neuralink already has paralyzed patients moving a cursor with their thoughts, and AI keeps getting faster at decoding the brain data wearables collect. (He also brought up a brain-scan study on a dead salmon, his reminder that reading a thought is still an educated guess.) I asked what stops a company from putting ads inside your head, and he walked me through Marcelo Ienca's proposal for 4 new human rights: mental privacy, mental integrity, psychological continuity, and cognitive liberty. I tested the first one on myself. If I think "I'd really like to punch that guy," I don't think I'm breaking a single law, and if I yell it out the window, I am. So what happens when a headset hears the thinking part? The right covers unauthorized access, he said, and the terms of service nobody reads might be your authorization. (Edward, of every thought you could've volunteered as the brain-reading example, you went with assault?!?) What he fears is something he calls the cyborg opt-in proposition. You can't really get a professional job today without a phone, and he can picture a day when saying no to a device in your body costs you the job too. I didn't find that far-fetched, because I'd flown from Toronto to San Juan earlier that day and got scanned at the airport like I was standing there naked. Picture a border agent saying "just briefly put this little headset on and tell me if you have any ill intent," and most of us saying "fine, that'll weed out the terrorists," without noticing we just handed over our cognitive liberty. At the very end he told me that even if a machine could read our thoughts with 100% accuracy, "we should never permit it," because once that door opens, the right to stay silent is over. I told him I may not agree with what you think, but I'll defend to the death your right to think it, and I'll march at the front of the protest line if anybody tries. He said "Touché." (I'm counting that as a win against a lawyer.) Gerardo is giving his own talk, "The Right to Stay Human," at the Caribbean AI Summit, October 9-10 in San Juan. He says he's there for the debates, so come find him and argue (politely, because he's a lawyer and he'll win). If you'd rather read than argue, his Substack is Golden Pebbles, and a recent post there makes the case for mental privacy as a brand new human right. I'm Edward Roske, and this is Asking Good Questions. New conversations with the people figuring out the human side of AI. If one of these questions stuck with you, subscribe and send it to someone who'd take the other side. LINKS Caribbean AI Summit (Oct 9-10, San Juan): https://CaribbeanSummit.AI Golden Pebbles, Gerardo's Substack: https://gerardolebron.substack.com "The 'why' of neural rights, in a nutshell": https://gerardolebron.substack.com/p/the-why-of-neural-rights-in-a-nutshell Gerardo on LinkedIn: https://www.linkedin.com/in/gerardo-lebron-laboy-98724a327/ Gerardo on X: https://x.com/GLebronLaboy BOOKS & RESEARCH MENTIONED The Age of Surveillance Capitalism, Shoshana Zuboff (2019) Marcelo Ienca and Roberto Andorno's paper proposing 4 new neurorights (2017) The dead salmon brain-scan study, Craig Bennett et al. (2009) Nineteen Eighty-Four, George Orwell (1949) Brave New World, Aldous Huxley (1932) I, Robot, Isaac Asimov (1950), including "Runaround" and "Evidence" His Golden Pebbles post on the Munich Google AI Overviews ruling (2026) This episode of Asking Good Questions is brought to you by Caprus.Ai . Check how we empower the office of the CFO to harness the transformative potential of artificial intelligence (AI) and revolutionize their operations.

