A presentation of my new book: The Techno-human Shell-A JUmp in the Evolutionary Gap (Sunbury, 2013, Amazon.com) at the IEEE Symposium for Society and Technology, June 2013, Toronto, CA.

1. The Implications ofThe Implications of
Interfacing In-The BodyInterfacing In-The Body
Technologies to the OuterTechnologies to the Outer
World-World-
The Impending Era ofThe Impending Era of
Human-cyborgsHuman-cyborgs
Joseph R. CarvalkoJoseph R. Carvalko
BSEE, MFA, JDBSEE, MFA, JD
May 20, 2013May 20, 2013
Quinnipiac University, School of LawQuinnipiac University, School of Law

2. This paper discusses aspects of the technical and
consequential legal implications of the proliferation
of implantable in-the-body technologies and their
telemetric connection to commercial, medical and
governmental networks.
Keywords: cyborg-assisted life, implantable
technology; in-the-body technology; cyborgization
law

3. Today’s Presentation will address:Today’s Presentation will address:
 A society whose dependence on in-the-bodyA society whose dependence on in-the-body
technology will create virtual human-cyborgs.technology will create virtual human-cyborgs.
 An overview of technology that will have aAn overview of technology that will have a
major impact on health and non-health relatedmajor impact on health and non-health related
Apps to enhance lives and augment connectivity.Apps to enhance lives and augment connectivity.
 A legal perspective about the consequences ofA legal perspective about the consequences of
connecting in-the-body technology to telemetry.connecting in-the-body technology to telemetry.

5. A Boundary Not Too FarA Boundary Not Too Far
Proof of ConceptProof of Concept
 Presently in-the-body medical devices bi-directionally radioPresently in-the-body medical devices bi-directionally radio
communicate with remote computers utilizing the Medicalcommunicate with remote computers utilizing the Medical
Implant Communication Service frequency band betweenImplant Communication Service frequency band between
401 MHz and 406 MHz.401 MHz and 406 MHz.
 The maximum power transmission is 25 microwatts, a rangeThe maximum power transmission is 25 microwatts, a range
of a couple of meters.of a couple of meters.
 The maximum bandwidth is 300 kHz, (low bit-rate systems),The maximum bandwidth is 300 kHz, (low bit-rate systems),
compared with WiFi or Bluetooth.compared with WiFi or Bluetooth.
 Nonetheless these devices can transmit to a receiverNonetheless these devices can transmit to a receiver
connected via USB to any computer ready device throughconnected via USB to any computer ready device through
local area networks (LAN), wide area networks (WAN), andlocal area networks (LAN), wide area networks (WAN), and
access the Internet.access the Internet.

6. Technology ApplicationsTechnology Applications
Available NowAvailable Now
 Computer stimulators and suppressors for alleviating e.g., pain,Computer stimulators and suppressors for alleviating e.g., pain,
depression, neurological diseases, such as Parkinson’s, heart, diabetes,depression, neurological diseases, such as Parkinson’s, heart, diabetes,
incontinence;incontinence;
 Artificial organ processors to replace any one of nearly two dozenArtificial organ processors to replace any one of nearly two dozen
major body organs;major body organs;
 Internal computer processors will enhance knowledge, skills,Internal computer processors will enhance knowledge, skills,
countervail against environmental challenges (e.g., climate);countervail against environmental challenges (e.g., climate);
 Prosthetics to replace malfunctioning, missing, or damaged bodyProsthetics to replace malfunctioning, missing, or damaged body
parts;parts;
 Implanted analytical and diagnostic tools drawn from an array ofImplanted analytical and diagnostic tools drawn from an array of
bioinformatics technologies;bioinformatics technologies;
 RFID chips to be embedded beneath the skin for personalRFID chips to be embedded beneath the skin for personal
identification and for integrating humans into the supply/demandidentification and for integrating humans into the supply/demand
chain.chain.

7. The Computerized Anatomy Is A MatterThe Computerized Anatomy Is A Matter
Of When, Not IfOf When, Not If
 The 2010 global market for microelectronic medical implants,The 2010 global market for microelectronic medical implants,
accessories and supplies has been estimated at US$15.4 billionaccessories and supplies has been estimated at US$15.4 billion
and by 2016 forecasted at US$24.8 billion.and by 2016 forecasted at US$24.8 billion.
 Ray Kurzweil recently opined that implantable health relatedRay Kurzweil recently opined that implantable health related
devices would be seen by 2020 and a decade or two later will godevices would be seen by 2020 and a decade or two later will go
beyond medical appliances.beyond medical appliances.

8. Major MilestonesMajor Milestones
 The three drivers behind increasing computer implantation are bioengineersThe three drivers behind increasing computer implantation are bioengineers
have reached a critical mass in converting computer technology into lifesavinghave reached a critical mass in converting computer technology into lifesaving
and life enhancing products;and life enhancing products;
 Computers and their software, the backbone for these products are becomingComputers and their software, the backbone for these products are becoming
ever more computationally sophisticated based on the accumulation of scientificever more computationally sophisticated based on the accumulation of scientific
knowledge;knowledge;
 Between 2012 and 2020 processor speeds will increase from an alreadyBetween 2012 and 2020 processor speeds will increase from an already
astounding 40 billion operations per second to 330 billion operations per second;astounding 40 billion operations per second to 330 billion operations per second;
 Substrates, that is the material part of the computer, now measured inSubstrates, that is the material part of the computer, now measured in
micrometers or the size of blood cells, will dive deeply into the realm of wafer-micrometers or the size of blood cells, will dive deeply into the realm of wafer-
thin graphene (carbon) and MoS2 (molybdenum disulfide) measured inthin graphene (carbon) and MoS2 (molybdenum disulfide) measured in
nanometers, just a few atoms thick.nanometers, just a few atoms thick.

9. It’s a Small, Small WorldIt’s a Small, Small World
 Nano-stimulators/suppressors, artificial organ processors, metabolicNano-stimulators/suppressors, artificial organ processors, metabolic
and cognitive enhancers, and permanent diagnostic tools to ensureand cognitive enhancers, and permanent diagnostic tools to ensure
our physical and psychological well-being as we head toward aour physical and psychological well-being as we head toward a
practically interminable lifetime.practically interminable lifetime.
 Computational devices down-sized through via synthetic DNA,Computational devices down-sized through via synthetic DNA,
molecular computers (nano-sized processors), deployed alongside,molecular computers (nano-sized processors), deployed alongside,
and within cells and organs as permanent non-organic, internaland within cells and organs as permanent non-organic, internal
adjuncts to our anatomy.adjuncts to our anatomy.
 Applications will be in the realm of nano-prosthetics.Applications will be in the realm of nano-prosthetics.
 Nano-bots ( MEMS), such as nano-sized motors will range in sizeNano-bots ( MEMS), such as nano-sized motors will range in size
from 10from 10-9-9
(a few hundred atoms across) to 10(a few hundred atoms across) to 10-5-5
—the diameter of a white—the diameter of a white
blood cell will course through arteries and cellular membranes toblood cell will course through arteries and cellular membranes to
deliver drugs and destroy pathogens.deliver drugs and destroy pathogens.
 These will carry processors equipped to communicate with the anThese will carry processors equipped to communicate with the an
internal server that in turn communicates to the outer world.internal server that in turn communicates to the outer world.

10. Shrinking ComputerShrinking Computer
Operating Faster than LightOperating Faster than Light
 During the next two decades, computer processors will continueDuring the next two decades, computer processors will continue
to shrink to the size of a bacterium, 2 microns or micrometersto shrink to the size of a bacterium, 2 microns or micrometers
(μm) long and 0.5 μm in diameter, with a cell volume of 0.6 - 0.7(μm) long and 0.5 μm in diameter, with a cell volume of 0.6 - 0.7
μmμm33
..
 Processing speeds to upwards of 10Processing speeds to upwards of 101616
(10 quadrillion) operations(10 quadrillion) operations
per second, referred to as flops/sec or FPS.per second, referred to as flops/sec or FPS.
 This small size will allow computers to live both within andThis small size will allow computers to live both within and
alongside the human cell. The level of 10 trillion FPS exceeds thealongside the human cell. The level of 10 trillion FPS exceeds the
processing rate at roughly 10processing rate at roughly 101515
FPS of the human brain.FPS of the human brain.

11. Future Cyborg/TelemetryFuture Cyborg/Telemetry
 4G networks and successors, with gigabit bandwidth backbones, robust4G networks and successors, with gigabit bandwidth backbones, robust
networking infrastructure, high-speed relays and unlimited power withnetworking infrastructure, high-speed relays and unlimited power with
recharging capabilities will serve as the medium through which feature-recharging capabilities will serve as the medium through which feature-
rich anatomical smart prosthetics operate creating a explosion of datarich anatomical smart prosthetics operate creating a explosion of data
that will be used for cyber social programming.that will be used for cyber social programming.
 Cybersecurity will become a subject alongside the list of diseases forCybersecurity will become a subject alongside the list of diseases for
agencies such as NIH, the CDC or the FDA, as they look foragencies such as NIH, the CDC or the FDA, as they look for
prescriptions for thwarting network attacks, fraud, and physical injuryprescriptions for thwarting network attacks, fraud, and physical injury
to those that have implantable technology. Concerns may take manyto those that have implantable technology. Concerns may take many
forms, some yet to be discovered: surveillance, denial of service attacks.forms, some yet to be discovered: surveillance, denial of service attacks.
 Advances in computing, communications, software, and anatomicallyAdvances in computing, communications, software, and anatomically
embedded hardware will transform an individual’s relationship toembedded hardware will transform an individual’s relationship to
business and government where there will be as great a dependence onbusiness and government where there will be as great a dependence on
digital infrastructure as there will be for food and water.digital infrastructure as there will be for food and water.

12. Anticipated Effects on theAnticipated Effects on the
PopulationPopulation
 Individuals with knowledge-based and skills-based enhancementsIndividuals with knowledge-based and skills-based enhancements
will be the new expert class, cognoscenti and leaders that have awill be the new expert class, cognoscenti and leaders that have a
built-in ability for superior analysis, judgment and timely decisions.built-in ability for superior analysis, judgment and timely decisions.
 In the far future cloud computing will be how population-wideIn the far future cloud computing will be how population-wide
management and control will be carried out with competingmanagement and control will be carried out with competing
paradigms vying for an individual’s portfolio of enhanced abilitiesparadigms vying for an individual’s portfolio of enhanced abilities
and health related processes, not different from how one might todayand health related processes, not different from how one might today
choose everything from a stock broker to a physician.choose everything from a stock broker to a physician.
 Physicians of the future will be versed in cyber-topics includingPhysicians of the future will be versed in cyber-topics including
algorithmic and application formulations, programming models andalgorithmic and application formulations, programming models and
systems, runtime systems, middleware, and end-to-end applicationsystems, runtime systems, middleware, and end-to-end application
workflows, concerns of today’s system engineers.workflows, concerns of today’s system engineers.

13. Transformed MedicineTransformed Medicine
 A router/modem feature embedded in the anatomy can access medical careA router/modem feature embedded in the anatomy can access medical care
day or night through a wireless connection.day or night through a wireless connection.
 An expert computer process will narrowed symptoms to a range of maladies,An expert computer process will narrowed symptoms to a range of maladies,
patients will participate in their own diagnosis.patients will participate in their own diagnosis.
 To the extent a doctor’s intervention is required, a doctor best equipped toTo the extent a doctor’s intervention is required, a doctor best equipped to
deal with the intake diagnosis will be either contacted or a referral made bydeal with the intake diagnosis will be either contacted or a referral made by
the computer.the computer.
 A worldwide grid will tune in on millions of individuals feeding searchableA worldwide grid will tune in on millions of individuals feeding searchable
public health databases using a patient’s anatomical data to update an expertpublic health databases using a patient’s anatomical data to update an expert
system.system.
 At this stage public health service will be completely “predictive, preventive,At this stage public health service will be completely “predictive, preventive,
personalized, and participatory”—, in most cases without the patient beingpersonalized, and participatory”—, in most cases without the patient being
aware of data being transmitted and collected.aware of data being transmitted and collected.

14. Situating the RiskSituating the Risk
A Real World ExampleA Real World Example
 The Medical Device Security Center operates as a private partnership between BethThe Medical Device Security Center operates as a private partnership between Beth
Israel Deaconess Medical Center, Harvard Medical School, the University ofIsrael Deaconess Medical Center, Harvard Medical School, the University of
Massachusetts Amherst, and the University of Washington mission the balancingMassachusetts Amherst, and the University of Washington mission the balancing
security, privacy, safety, and effectiveness for next-generation medical healthcaresecurity, privacy, safety, and effectiveness for next-generation medical healthcare
devices.devices.
 In one study researchers investigated whether hackers could gain wireless access toIn one study researchers investigated whether hackers could gain wireless access to
combination heart defibrillator/pacemakers that allow doctors to monitor and adjustcombination heart defibrillator/pacemakers that allow doctors to monitor and adjust
operating parameters remotely.operating parameters remotely.
 The experiment simulated the effects of a “hacker” using a readily availableThe experiment simulated the effects of a “hacker” using a readily available
commercial programmer and a software radio that can be purchased on eBay,commercial programmer and a software radio that can be purchased on eBay,
reprogram the device, shut it down, deplete its battery, or deliver jolts of electricity thatreprogram the device, shut it down, deplete its battery, or deliver jolts of electricity that
could be potentially fatal to a would-be patient.could be potentially fatal to a would-be patient.

15. Legal Considerations dealing withLegal Considerations dealing with
Protection of the PublicProtection of the Public
 Regulatory considerations to insure efficacy andRegulatory considerations to insure efficacy and
safety, through testing, licensing, enforcement.safety, through testing, licensing, enforcement.
 Criminal law to deter crimes, such as hacking,Criminal law to deter crimes, such as hacking,
that jeopardize safety of individuals, and thethat jeopardize safety of individuals, and the
systems that “wire” classes of subscribingsystems that “wire” classes of subscribing
individuals into servers and databases.individuals into servers and databases.
 Civil actions that allow individuals and classes toCivil actions that allow individuals and classes to
seek redress for negligence, product liability, andseek redress for negligence, product liability, and
warranty.warranty.

16. Legal Considerations dealing withLegal Considerations dealing with
PropertyProperty
 Whether the systems that operate large scale networks thatWhether the systems that operate large scale networks that
telemeter to individuals will be subject to business methodtelemeter to individuals will be subject to business method
patenting.patenting.
 Whether open sourcing of software that runs the internal andWhether open sourcing of software that runs the internal and
external software processes will become the preferred paradigm.external software processes will become the preferred paradigm.
 Who will own/operate the servers and databases, pricing, access.Who will own/operate the servers and databases, pricing, access.
 What licensing restrictions will be allowed, internal software?What licensing restrictions will be allowed, internal software?

17. Distributive Justice IssuesDistributive Justice Issues
 Future computational/telemetry processing therapies might go beyondFuture computational/telemetry processing therapies might go beyond
health-related purposes to provide a greater level of intellectual quickness orhealth-related purposes to provide a greater level of intellectual quickness or
greater access to commercial opportunities, who will be the beneficiaries?greater access to commercial opportunities, who will be the beneficiaries?
 Part of what will distinguish the future human population having implantedPart of what will distinguish the future human population having implanted
computational devices connected to the world-wide-web from a populationcomputational devices connected to the world-wide-web from a population
that does not, will be the enhancements that open vast benefits for thethat does not, will be the enhancements that open vast benefits for the
“haves” and consequent potential detriments for the “have nots.”.“haves” and consequent potential detriments for the “have nots.”.
 Society, the world over needs to decide if any corporation, institution, orSociety, the world over needs to decide if any corporation, institution, or
individual should have the right to private ownership of certain forms ofindividual should have the right to private ownership of certain forms of
cyborgized property—most notably, life saving devices and selected methodscyborgized property—most notably, life saving devices and selected methods
of extending life and enhancing intelligence or skills.of extending life and enhancing intelligence or skills.

18. CARVALKO COPYRIGHT 2007