Searching Minds by Scanning Brains Neuroscience Technology and Const
This book examines the ethical and legal challenges presented by modern techniques of memory retrieval, especially within the context of potential use by the US government in courts of law. Specifically, Marc Blitz discusses the Fourth Amendment’s protect
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Neuroscience is drawing increasing attention from lawyers, judges, and policy-makers because it both illuminates and questions the myriad assumptions that law makes about human thought and behavior. Additionally, the technologies used in neuroscience may provide lawyers with new forms of evidence that arguably require regulation. Thus, both the technology and applications of neuroscience involve serious questions implicating the fields of ethics, law, science, and policy. Simultaneously, developments in empirical psychology are shedding scientific light on the patterns of human thought and behavior that are implicated in the legal system. The Palgrave Series on Law, Neuroscience, and Human Behavior provides a platform for these emerging areas of scholarship.
More information about this series at http://www.springer.com/series/15605
Marc Jonathan Blitz
Searching Minds by Scanning Brains Neuroscience Technology and Constitutional Privacy Protection
Marc Jonathan Blitz Oklahoma City University School of Law Oklahoma City, USA
Palgrave Studies in Law, Neuroscience, and Human Behavior ISBN 978-3-319-50003-4 ISBN 978-3-319-50004-1 (eBook) DOI 10.1007/978-3-319-50004-1 Library of Congress Control Number: 2016963257 © The Editor(s) (if applicable) and The Author(s) 2017 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: Modern building window © saulgranda/Getty Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
CONTENTS
1 Introduction
1
2 Constitutional Puzzles and (Neuro) Technological Changes Video Cameras, Parrots, and Brains A Brief Tour of the Constitutional Privacy Landscape – and Neuroimaging’s Possible Place in It The First Amendment, Ex
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