Are electronic or software beings that meet the biological definition of "life" and that persuade psychologists they really feel human just "corporate persons" like a company or are they "constitutional persons" like naturally born citizens? This presentation was given at the 3rd Colloquium on the Law of Transbeman Persons, Space Coast, Florida, 2007.

1. What Kind of Persons Are Bio-Electronic Humans? Martine Rothblatt [email_address]

2. LIFE IS ORGANIZED, EXCHANGES MATTER/ENERGY, RESPONDS TO STIMULI, REPRODUCES, DEVELOPS & ADAPTS Biology = LIFE Implemented Via A Program Transferred With Molecules (e.g. DNA) Vitology = LIFE Implemented Via Program Transferred With Electronics (e.g. Binary Code) (Thank you Lady Ada) Any Ethical Difference?

3. “ Transbemans” Self-Identify As B io- E lectronic Hu mans in Trans ition Biological Life = Organization Specified by Chemical Codes, Such as DNA/RNA Vitological Life = Organization Specified by Electronic Codes, Such As Binary

4. Trans ition Continuum From Fleshware to Software Dependent On IT/Electronics Dependent On Biology - + + -

5. Transbemans Believe Substrate Per Se Irrelevant to Humanness Virtuals Nano-Bios Ectogens

6. In Other Words, Transbemans Want, But Might Not Be Entitled, To Human Rights  Definition of Life Can Include Electronic Beings  Definition of Human Goes Beyond Flesh  Bio-Electronic Beings Can Feel Quite Human, Especially In Transition But Society May Not Yet Appreciate The Logic

7. Corporate Personhood Spans A Range of Concepts Corporations have commercial and criminal legal personalities Corporations have some constitutional and human rights

8. Separation of Creators from Corporation is Hallmark of Corporate Personhood

9. Corporate Personhood for Transbemans May Limit Their Creator’s Liability

10. Is Victor Frankenstein Responsible for His Monster? Generally NO if Monster has corporate personhood Generally YES, if Monster lacks corporate personhood

11. Should Lt. Cdr. Data Be Allowed to Vote? Not if he just has corporate personhood Yes, if he has natural or other juridical personhood, with or without corporate personhood

12. Pros & Cons of Typical Corporate Personhood Interests of Corps Not Same as the Species Liability Protection Encourages Risk-Taking Evolving Society Humans Can Fill Trounced by Heartless Corps Grouped Humans Contribute to Welfare Happy Society Humans Reckless in Groupings Single Point of Accountability Secure Society Disadvantages Advantages Critical Factor

13. Pros & Cons Applied to a Transbeman (Society View) Undermines Tried & True DNA-Based Life Encourages Consciousness Extensions Evolving Society Might Help Unhumans Get Dominant Less Likelihood of Transbeman Agitation Happy Society Creators Can Escape Liability More Focused Legal Controls on Transbemans Secure Society Disadvantages Advantages

14. Pros & Cons From Transbeman’s View 2nd Class Citizenship Means Not Safe & Less Happy

15. The Ethical Conundrum 2. Corporations Don’t Value Anything, Only Their Individuals Can Feel Value 1. We Award Rights to Individuals Who Value Them 3. Ergo, Transbemans Who Value Human Rights Deserve Constitutional Personhood; Other Transbemans Deserve Corporate Personhood for Their Creators’ Interests

16. A New Type of Personhood: Turing Meets Freud Meets Christine

19. Two Ways Forward for Transbeman Personhood Start the Transbeman with Corporate Personhood, Unless They Already Have Constitutional Personhood Use “Real-Life Test” Route for Issuance of Birth Certificates (or Equivalents) for Transbemans that Desire Constitutional Personhood

20. Basically, Each New Transbeman Is Like an Immigrant Let Those That Arrive Live, Work, Save & Have Some Due Process Rights Let Those That Want & Warrant Citizenship, Via Real-Life Test, Have It & Full Due Process Rights

22. Critical Path Elements Demonstrate Cyber-Consciousness Develop Cyber-Psychology Certification Get Judges to Agree & Set Legal Precedent