The document discusses challenges around evolving definitions of personhood in a technical environment. It presents three case scenarios involving a chimpanzee with vocal cords, artificial wombs, and cyborg soldiers. It also discusses divergent paths of intelligence involving sentient machines, disembodied entities, and human technogenics. The document examines criteria for personhood and considers what beings such as fetuses, animals, artificial intelligence, and augmented humans should be considered persons. It proposes using a property-person continuum to determine where creations like chimeras and cyborgs fall regarding personhood.

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The 3The 3rdrd
Annual TerasemAnnual Terasem
ColloquiumColloquium
• The Tao ofThe Tao of
Personhood:Personhood:
The Yin andThe Yin and
Yang of theYang of the
Property-Property-
PersonPerson
ContinuumContinuum

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ChallengesChallenges
• Expansion of Legal andExpansion of Legal and
Ethical Definitions ofEthical Definitions of
the Person in athe Person in a
Technical EnvironmentTechnical Environment
(“Evolving Notions of(“Evolving Notions of
Personhood”)Personhood”)

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3 Case Scenarios in the not-so-3 Case Scenarios in the not-so-
distant futuredistant future
• Chimpanzee with vocal cordsChimpanzee with vocal cords
• Artificial womb – personhood will noArtificial womb – personhood will no
longer depend viability or be tied tolonger depend viability or be tied to
control over one’s own bodycontrol over one’s own body
• Cyborg soldiers, created with spareCyborg soldiers, created with spare
partsparts

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Divergent Paths of Intelligence-Divergent Paths of Intelligence-
Hardware, Software, HumanHardware, Software, Human
Three Overlapping Areas ofThree Overlapping Areas of
EvolutionEvolution
• Sentient Machines (AI)Sentient Machines (AI)
• Disembodied Entities (Avatars)Disembodied Entities (Avatars)
• Human Technogenics (or Cyborgs)Human Technogenics (or Cyborgs)

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The NBIC ReportThe NBIC Report
ConvergingConverging
Technologies forTechnologies for
Improving HumanImproving Human
PerformancePerformance
NNanotechnology,anotechnology,
BBiotechnology,iotechnology, IInformationnformation
Technology, andTechnology, and CCognitiveognitive
ScienceScience
NSF/DOC-sponsored reportNSF/DOC-sponsored report
June 2002June 2002
Arlington, VirginiaArlington, Virginia

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• Improving work efficiencyImproving work efficiency
and learningand learning
• Enhancing sensory andEnhancing sensory and
cognitive capabilitiescognitive capabilities
• Revolutionary changes inRevolutionary changes in
healthcarehealthcare
• Enhancing humanEnhancing human
capabilities for militarycapabilities for military
purposespurposes
• Nanotechnology-basedNanotechnology-based
implantsimplants
• Brain-to-brain and brain-Brain-to-brain and brain-
to-machine interfacesto-machine interfaces
Some anticipated NIBC payoffsSome anticipated NIBC payoffs
(pp. ix-xi)(pp. ix-xi)

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Human IntelligenceHuman Intelligence
AugmentationAugmentation
• to keep upto keep up
with AIwith AI

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CogAug & Uploads as Safe AGICogAug & Uploads as Safe AGI
• Perhaps all AGIPerhaps all AGI
should be drivenshould be driven
by mammal-by mammal-
origin brainsorigin brains

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Property – Personhood Dichotomy in LawProperty – Personhood Dichotomy in Law
• Historically, nonhuman animals haveHistorically, nonhuman animals have
been considered “property”,been considered “property”,
• Slaves, women, and children wereSlaves, women, and children were
regarded as mere chattel until mid-to-lateregarded as mere chattel until mid-to-late
1800’s and early 1900’s1800’s and early 1900’s
• Yet, nonhumans entities, such asYet, nonhumans entities, such as
corporations and ships have beencorporations and ships have been
recognized and given rights as “persons”recognized and given rights as “persons”

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Humans and PersonsHumans and Persons
• All humans are persons BUT, the lawAll humans are persons BUT, the law
says…says…
• All “persons” are NOT humans...forAll “persons” are NOT humans...for
example, corporations,example, corporations,
municipalities, even ships have beenmunicipalities, even ships have been
granted status as persons by the USgranted status as persons by the US
Supreme CourtSupreme Court

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Current Legal SpectrumCurrent Legal Spectrum
• U.S. Supreme Court cases provide aU.S. Supreme Court cases provide a
spectrum:spectrum:
• ““Natural” Persons (e.g. aliens, minors,Natural” Persons (e.g. aliens, minors,
illegitimate) toillegitimate) to
• ““Juridical” Persons (e.g., corporations,Juridical” Persons (e.g., corporations,
labor unions, municipalities,labor unions, municipalities,
government units.government units.
• No current legislative or statutoryNo current legislative or statutory
definitiondefinition

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One Proposed LegalOne Proposed Legal
(Statutory) Definition(Statutory) Definition
• The term "human being"The term "human being"
means:means:
(i)(i) any entity possessing one orany entity possessing one or
more of the higher facultiesmore of the higher faculties
such as: the ability to reasonsuch as: the ability to reason
(including, but not limited to, the(including, but not limited to, the
ability to use facts and argueability to use facts and argue
them, to arrive at conclusionsthem, to arrive at conclusions
from premises in a logicalfrom premises in a logical
manner, to explain observedmanner, to explain observed
phenomena and to form beliefsphenomena and to form beliefs
based on facts);based on facts);

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Definition cont’dDefinition cont’d
• the ability to evaluate principles and observationsthe ability to evaluate principles and observations
to arrive at reasoned decisions;to arrive at reasoned decisions;
• the ability to formulate speech and communicate;the ability to formulate speech and communicate;
• the ability to write;the ability to write;
• the ability to develop meaningful personalthe ability to develop meaningful personal
relationships with other human beings on the basisrelationships with other human beings on the basis
of equality;of equality;
• the demonstration of awareness of self as a uniquethe demonstration of awareness of self as a unique
and separate being; the ability to feel concern forand separate being; the ability to feel concern for
others;others;
• or any other higher faculty;or any other higher faculty;

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Definition cont’dDefinition cont’d
• (ii) any viable creature that is the(ii) any viable creature that is the
result of the union of ovum andresult of the union of ovum and
sperm of parents who are humansperm of parents who are human
beings, whether or not the union ofbeings, whether or not the union of
ovum and sperm was in utero, andovum and sperm was in utero, and
whether or not the genetic material ofwhether or not the genetic material of
the resulting embryo was scientificallythe resulting embryo was scientifically
altered.altered.

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Some Ethical/legal Issues in Converging TechSome Ethical/legal Issues in Converging Tech
we are likely to face over the next 25 yearswe are likely to face over the next 25 years
•Privacy, confidentiality
•Informed consent (Artificial Research Subjects)
•Augmentation: Enhancement vs. therapeutic, the
President’s commission report
•Emotions, competence, autonomy, and the law
•Capability and culpability (proportional autonomy)
•Synthetic humans: are they persons or property?
•Issues of Identity
•A new lexicon, taxonomy to describe new, complex
relationships. (Personal Cognitive Aides)
•Issues of justice and equity (the “digital divide”)

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Criteria for Personhood?Criteria for Personhood?
• All Living ThingsAll Living Things
• ConsciousnessConsciousness
• SentienceSentience
– Peter Singer & Tom ReganPeter Singer & Tom Regan
• Self-AwarenessSelf-Awareness
• RationalityRationality
– DescartesDescartes

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Joseph Fletcher’s 15 Propositions for PersonhoodJoseph Fletcher’s 15 Propositions for Personhood
1.1. minimumminimum
intelligence,intelligence,
2. self-awareness,2. self-awareness,
3. self-control3. self-control
4. a sense of time4. a sense of time
5. a sense of futurity5. a sense of futurity
6. a sense of the past6. a sense of the past
7. the capability of7. the capability of
relating to others,relating to others,
8.8. concern for others,concern for others,
9. communication9. communication
10. control of existence10. control of existence
11. curiosity,11. curiosity,
12. change and12. change and
changeabilitychangeability
13. balance of13. balance of
rationality and feeling,rationality and feeling,
14. idiosyncrasy14. idiosyncrasy
15. neocortical15. neocortical
functioningfunctioning

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What Beings Should be Considered Persons?What Beings Should be Considered Persons?
• Fetuses?Fetuses? (Personhood for Embryos Referendum in(Personhood for Embryos Referendum in
Colorado)Colorado)
• Animals?Animals?
• Artificial Intelligence?Artificial Intelligence?
• Categories in between?Categories in between?
• Beings with Numerous NeuralBeings with Numerous Neural
Implants and Augmentations?Implants and Augmentations?

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Robot RightsRobot Rights
• Which minds haveWhich minds have
which rights andwhich rights and
responsibilities?responsibilities?
• Engineering slaveEngineering slave
minds vs.minds vs.
• Flourishing minds,Flourishing minds,
but within socialbut within social
limits?limits?

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Sex and Marriage with Robots?Sex and Marriage with Robots?
First, AI has to attain the status of legalFirst, AI has to attain the status of legal
personhood before any such thing as marriagepersonhood before any such thing as marriage
(or any other contractual relationship for that(or any other contractual relationship for that
matter) is recognized.matter) is recognized.
Secondly, What do humans owe “purpose-built”Secondly, What do humans owe “purpose-built”
machines who begin to reach awareness, or to somachines who begin to reach awareness, or to so
resemble awareness that it becomes a sellingresemble awareness that it becomes a selling
point?point?
Thirdly, would these robots be sentient --Thirdly, would these robots be sentient --
capable of experience pleasure and pain?capable of experience pleasure and pain?
Because the act of creating potentially sentient beings carries with it the cBecause the act of creating potentially sentient beings carries with it the c

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What the Courts have said…What the Courts have said…
• The U.S. Court of International Trade, inThe U.S. Court of International Trade, in ToyToy
Biz, Inc. v. United StatesBiz, Inc. v. United States in tariff disputein tariff dispute
• U.S. Customs classified the action figures asU.S. Customs classified the action figures as
dolls representing only human beings.dolls representing only human beings.
• Toy Biz argued that the action figures were toysToy Biz argued that the action figures were toys
or non-human creatures (i.e. robots andor non-human creatures (i.e. robots and
monsters).monsters).
• The Court held that the action figures didThe Court held that the action figures did notnot
represent human beings because they hadrepresent human beings because they had
‘robotic’ features or ‘monster-like’ features.‘robotic’ features or ‘monster-like’ features.

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Identity and RightsIdentity and Rights
• Jack-O-Lantern case – US Supreme Court 1922Jack-O-Lantern case – US Supreme Court 1922
• 'In rebuilding operations the test is whether the'In rebuilding operations the test is whether the
identityidentity of the vessel has continued, or has beenof the vessel has continued, or has been
extinguished…extinguished…
• This court has not undertaken and will not nowThis court has not undertaken and will not now
essay to announce rigid definitions of repairs andessay to announce rigid definitions of repairs and
new construction;new construction; but we do not accept thebut we do not accept the
suggestion that the two things can besuggestion that the two things can be
accurately differentiated by considerationaccurately differentiated by consideration
of the ultimate use to which the vessel is toof the ultimate use to which the vessel is to
be devoted.be devoted.
• Held despite extensive repairs, identity remainedHeld despite extensive repairs, identity remained
the samethe same

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Legal and Ethical ConsiderationsLegal and Ethical Considerations
• While the law is well-equipped to hold anWhile the law is well-equipped to hold an
autonomousautonomous individualindividual culpable for his or herculpable for his or her
actions, the law is not so well designed for suchactions, the law is not so well designed for such
systems.systems.
• These emerging technologies presents a uniqueThese emerging technologies presents a unique
challenge for the legal profession to help shapechallenge for the legal profession to help shape
policy, since the technology is cutting-edge andpolicy, since the technology is cutting-edge and
statutes, case law, or law journals are usuallystatutes, case law, or law journals are usually
written after the fact.written after the fact.

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Legal and Ethical ConsiderationsLegal and Ethical Considerations
• Rights of the Individual vs. Rights of PersonsRights of the Individual vs. Rights of Persons
• Persons vs. PropertyPersons vs. Property
• Persons -> Persons + Augmentation <-Persons -> Persons + Augmentation <-
MachinesMachines

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Legal and Ethical ConsiderationsLegal and Ethical Considerations
• One of the questions facing our courts will be:One of the questions facing our courts will be:
where do the rights of an autonomous system begin,where do the rights of an autonomous system begin,
assuming that an individual is an inherent part ofassuming that an individual is an inherent part of
that autonomous system?that autonomous system?
• Whether using a property-personhood dichotomyWhether using a property-personhood dichotomy
or property-person continuum, the rights of theor property-person continuum, the rights of the
individual may change when the humanindividual may change when the human
performance of the individual is enhanced byperformance of the individual is enhanced by
machine or other technology.machine or other technology.
• This raises issues about privacy, autonomy, andThis raises issues about privacy, autonomy, and
culpability.culpability.

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Property-Personhood ContinuumProperty-Personhood Continuum
(Proposed Legal Paradigm)(Proposed Legal Paradigm)
PropertyProperty
(Inanimate Objects)(Inanimate Objects)
Full PersonhoodFull Personhood
(Attendant rights(Attendant rights
&&
responsibilities)responsibilities)
Quasi-propertyQuasi-property
(Chimeric Humanoids)(Chimeric Humanoids)
Fetuses EmbryosFetuses Embryos
Ex UteroEx Utero
CyborgsCyborgsAndroidsAndroids
A/IA/I
Negative LibertiesNegative Liberties
Biotechnology at the Margins of Personhood: An Evolving Legal Paradigm, J. of Evolution and TechnologyBiotechnology at the Margins of Personhood: An Evolving Legal Paradigm, J. of Evolution and Technology
Cognitively impairedCognitively impaired

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Recommendations and ConclusionsRecommendations and Conclusions
As different forms of chimeras andAs different forms of chimeras and
cyborgs are created in the technicalcyborgs are created in the technical
environments, the courts will be theenvironments, the courts will be the
ones to determine where theseones to determine where these
creations fall on the continuum ofcreations fall on the continuum of
personhood.personhood.

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Recommendations and ConclusionsRecommendations and Conclusions
• The establishment of a common lexicon betweenThe establishment of a common lexicon between
policy makers, implementation agents, andpolicy makers, implementation agents, and
multidisciplinary users for terms such asmultidisciplinary users for terms such as
‘autonomous’‘autonomous’
• The establishment of new lexicon for the newThe establishment of new lexicon for the new
relationships that are being created as result of newrelationships that are being created as result of new
technologies, with thoughtful consideration to thetechnologies, with thoughtful consideration to the
impact on current informed consent policy.impact on current informed consent policy.
• The possibility of legal reform and the creation ofThe possibility of legal reform and the creation of
specialized science courts, where the judges willspecialized science courts, where the judges will
have ongoing education and training to recognizehave ongoing education and training to recognize
and deal with these new legal issues and categoriesand deal with these new legal issues and categories
that arise from emerging technologies.that arise from emerging technologies.

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A Double Edged SwordA Double Edged Sword
““Technology has always been a double-edgedTechnology has always been a double-edged
sword, empowering both our creative and oursword, empowering both our creative and our
destructive natures. It has brought us longer anddestructive natures. It has brought us longer and
healthier lives, freedom from physical andhealthier lives, freedom from physical and
mental drudgery, and many new creativemental drudgery, and many new creative
possibilities. Yet it has also introduced new andpossibilities. Yet it has also introduced new and
salient dangers…Stalin’s tanks and Hitler’ssalient dangers…Stalin’s tanks and Hitler’s
trains used technology. And we still live todaytrains used technology. And we still live today
with sufficient nuclear weapons—not all ofwith sufficient nuclear weapons—not all of
which appear to be well accounted for—to endwhich appear to be well accounted for—to end
all mammalian life on the planet.” – Rayall mammalian life on the planet.” – Ray
KurzweilKurzweil

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Thank you for your attention!Thank you for your attention!
• For further info, references contact me atFor further info, references contact me at
lindaglenn@biomedlaw.comlindaglenn@biomedlaw.com