Freedom of thought is an essential plank of the international human rights framework and an inviolable freedom. It has been described by legal experts as not only the foundation of democratic society and the basis and origin of all other rights but also as a “forgotten right” that has languished unused in international human rights law for decades. However, the importance of this right and the need to protect it are becoming more urgent in the digital world.
To illustrate the risks emerging technologies present to freedom of thought, Susie Alegre and Aaron Shull outline four contemporary use cases — ranging from the least invasive (data-driven persuasive technologies) to the most invasive (brain-computer interfaces) — that raise many questions: Where does the line fall between our inner thoughts and our expression of those thoughts? What does “consent” mean with respect to technologies that interface with the mind? How can inferences about our inner lives be used against us? And, critically, where is the boundary between lawful influence and unlawful manipulation of our thoughts?
Over the past 10 years, recognition has been growing that the right to freedom of thought is key to our future relationship with technology. Alegre and Shull write that an authoritative statement made at the international level on the scope of the right to freedom of thought and its relationship to technology would assist domestic and regional courts, regulators and policy makers grappling with these deeply complex policy areas.
This special report is part of CIGI’s project on freedom of thought, Legitimate Influence or Unlawful Manipulation?
