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CONFERENCE PROGRAM Monash University Law Chambers

555 Lonsdale St, Melbourne

NEUROSCIENCE AND SOCIETY Neurofutures: Neuroscience and Responsibi l i ty

3-4 December 2019, Melbourne, Austral ia

What is Neuroethics?

Neuroethics is an internationally recognised discipline that aims to successfully translate brain research in ways that maximise social benefit while minimising harms. The need for Neuroethics was recognised by a recent US Presidential Commission for the Study of Bioethics report as part of the US BRAIN initiative. Similar projects are underway in the UK, Europe and Canada. Australia urgently needs a coordinated approach to realise the promise of neuroscience for society.

Why is Neuroethics important?

Neuroscience is revolutionising our understanding of the neural mechanisms underpinning behaviour and cognition. In doing so, neuroscience also has the potential to overturn beliefs that are central to our ideas about free will, responsibility and justice. Neurobiological explanations of mental illness may have a significant impact on stigma and discrimination associated with these disorders. These advances also raise new challenges for privacy and confidentiality. Sophisticated neuroimaging techniques and advanced machine learning algorithms are providing access to personal information that may be used by interested third parties, such as employers, educators, insurers and the courts, to discriminate against certain individuals or behaviours. Our ability to subtly manipulate brain function can have a powerful impact on our thoughts, behaviours, and sense of self. How these technologies are used and by whom are challenges that need to be urgently addressed.

Who are we?

The  Australian Neuroethics Network  is an interdisciplinary collaboration that brings together leading Australian practitioners in neuroscience, law, ethics, philosophy, policy-making, clinical practice, patient populations, the public and other end-users to examine the ethical and social implications of neuroscience research.

Our mission

The aim of the Australian Neuroethics Network is to:

• Support new interdisciplinary collaborations examining the ethical, legal and social challenges raised by advances in neuroscience research and technology

• Foster neuroethics scholarship in Australia and build capacity in this nascent area through teaching and postgraduate student supervision

• Provide links to international neuroethics initiatives

• Provide a platform to bring together researchers and practitioners interested in the nexus between neuroscience, ethics, philosophy, the law and policy. The Network aims to hold an annual Neuroscience and Society Conference.

• Provide recommendations and guidance to policy makers and other leading decision makers on the impact of neuroscience for Australian society.

Want to get involved?

To join the discussion or become a member of the Australian Neuroethics Network, contact Adrian Carter: adrian.carter@monash.edu

Follow us on Twitter: @NeuroethicsAU

AUSTRALIAN NEUROETHICS NETWORK

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Getting around on public transport in Melbourne.

Melbourne has a well-developed public transport system that includes trains, trams and buses. If you intend to travel by tram and only within the free tram zone you will not need a Myki card to get around. The free tram zone includes all of the CBD area shown on the map below. If you’re travelling beyond that area or intending to use buses or trains you’ll need to purchase a Myki card ($6 for full fare, $3 for a concession) and top it up with credit (you can do this at major train stations like Southern Cross Station or Flinders Street Station or at any 7-11 store). Each time you use public transport tap on as you get on, and tap off as you get off — this will deduct the correct amount from your Myki card for the cost of the journey. A maximum of $8.80 is deducted each day if you are within Melbourne and its nearby suburbs. Public transport is substantially cheaper than a taxi or Uber and often it is often quicker for inner city trips as traffic can be very heavy in Melbourne.

Where is the conference being held?

The conference is being held at the Monash University Law Chambers which are located at 555 Lonsdale St, Melbourne. Both Flagstaff and Southern Cross stations are within a short walk. Flagstaff is a shorter walk, whereas Southern Cross is a larger station with more connections including regional trains and a drop off/pick up point for the airport SkyBus. The CBD area is also well serviced by Melbourne’s tram network (marked in green on the map below) - routes can be planned easily using google maps.

Where is the public debate being held?

The Public Debate will be held on the evening of December 4 at the State Library of Victoria (marked in purple on the map above) and hosted by Jon Faine (ABC Radio Mornings). The State Library is a 15 minute walk from Monash Law Chambers. Refer to the map above for walking directions. Alternatively, you can catch either the number 30 or 35 down Latrobe St, this trip will take about 10 minutes and is entirely within the free tram zone.

What is the best way to get to and from the airport?

The cheapest way to get to and from the airport is by the SkyBus (~$20 one way). The SkyBus has a pick up point at Southern Cross station, a short walk from the conference venue, as well as in the Docklands, Southbank and St Kilda. If you are staying in the CBD or in St Kilda the SkyBus is probably the fastest way to travel to the airport. The cost of a taxi or Uber will usually be slightly cheaper than the bus if you are able to share with someone.

CONFERENCE VENUE AND TRANSPORT

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5:00 - 7:00 Book Launch and Welcome Drinks Auditorium

Tamara Kayali BrowneDeakin University

Professor Cordelia Fine will be in conversation with Dr Tamara Kayali Browne for the paperback launch of Dr Browne’s book Depression and the Self: Meaning, Control and Authenticity.

Book launch from 5 - 6pm Welcome drinks and canapés from 6 - 7pm

Cordelia FineThe University of Melbourne

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MONDAY 2 DECEMBERMonash University Law Chambers — 555 Lonsdale St, Melbourne

TUESDAY 3 DECEMBERMonash University Law Chambers — 555 Lonsdale St, Melbourne 8:30 - 9:00 Registration

9:00 - 9:30 Welcome Auditorium - Chaired by Jamie Walvisch

Kim CornishMonash UniversityAustralia

Opening Remarks

9:30 - 10:30 Plenary Auditorium - Chaired by Adrian Carter

Judy IllesThe University of British ColumbiaCanada

Innovation in Neurotechnology: The Case for Compatibility of Professional Self-Governance and Regulation

10:30 - 11:00 Morning Tea

11:00 - 12:30 Parallel Session I

Neurointerventions Seminar Room 1 - Chaired by Tamara K Browne

Nicole A VincentUniversity of Technology SydneyAustralia

Four Loci of Agential Intervention: Putting Neurointerventions in Their Place

Kramer ThompsonMacquarie UniversityAustralia

Committing Crimes With BCIs: How Brain Computer Interface Users Can Satisfy Actus Reus and Be Criminally Responsible

Frederic GilbertUniversity of TasmaniaAustralia

Mathilde LancelotParis Diderot UniversityFrance

New Ethical Issues for Deep Brain Stimulation: When Long Term Treatment Leads to a New Form of the Disease … Continued over page

11:00 - 12:30 Parallel Session I

Neuroscience and Public Health Seminar Room 2 - Chaired by John Gardner

Teneille R. BrownUniversity of UtahUSA

Gray Matters: Neuro-Prediction of Violence, the Criminal Law, and Public Health

Amee Baird Macquarie UniversityAustralia

Lise BarryMacquarie UniversityAustralia

Jeanette Kennett Macquarie UniversityAustralia

Sexual Assault and Dementia: Who’s Responsible? Legal, Philosophical and Neuropsychological Factors of Sexual Consent in Aged Care

Andrew DawsonMonash UniversityAustralia

Kim CornishMonash UniversityAustralia

Adrian CarterMonash UniversityAustralia

Co-designing Digital Disruption in Melbourne’s South-East: A New Responsible Research Innovation for a Region With Great Unmet Needs

12:30 - 1:30 Lunch

1:30 - 3:00 Parallel Session II

Digital Health Seminar Room 1 - Chaired by Kate Seear

Anthony BarnettMonash UniversityAustralia

Adrian CarterMonash UniversityAustralia

Michael SavicMonash UniversityAustralia

Artificial Intelligence in Online Counselling: The Views of Australian Clients and Counsellors and Implications for Responsible Research and Innovation

Felicity MillmanAustralian National University

The gaps between thinking, saying and doing: A cyber physical systems analysis of the risks and responsibilities associated with stacked neurotechnology

Argyro KaranasiouUniversity of GreenwichLondon

Internet of Minds (IoM) & Autonomy: Falling Through the Cracks of Data Protection

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TUESDAY 3 DECEMBERMonash University Law Chambers — 555 Lonsdale St, Melbourne

1:30 - 3:00 Parallel Session II

Criminal Responsibility Seminar Room 2 - Chaired by Jeanette Kennett

Armin AlimardaniUniversity of New South WalesAustralia

Neuroscience and Age of Criminal Responsibility in Australian Criminal Law: An Empirical Analysis

Jamie WalvischMonash UniversityAustralia

Drug-Associated Psychoses and Criminal Responsibility

Joshua PrestonUniversity of MinnesotaUSA

Neuroscience and Civic Republicanism: Strengthening the Utilitarian Position in Neuroethics

3:00 - 3:30 Afternoon Tea

3:30 - 4:15 Lighting Talks Auditorium - Chaired by Tamara K Browne

Geraldene MackayClinical Social WorkerIndependent at the Sternberg ClinicAustralia

Collective Versus Individual Responsibility in Intergenerational Trauma

Christopher PoppeUniversity of BaselSwitzerland

Georg StarkeUniversity of BaselSwitzerland

Bernice S. ElgerUniversity of BaselSwitzerland

Physician-assisted Suicide Through Brain-computer Interfaces: Actual Physical Control in Completely Locked-in State

Ruri KatsunumaUniversity of QueenslandAustralia

Neural Associations of Moral Judgments Affected by Sleep Deprivation

Richard HeersminkLa Trobe UniversityAustralia

Cognitive Enhancement and the Values of Cognition

4:15 - 5:15 Plenary Auditorium - Chaired by Jeanette Kennett

Julian SavulescuUniversity of OxfordUK

Ethics and AI: From Public Preferences to Public Policy

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TUESDAY 3 DECEMBERMonash University Law Chambers — 555 Lonsdale St, Melbourne

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CONFERENCE DINNERTuesday 3rd December 7PM

A conference dinner will be held on the evening December 3 starting at 7pm. Seats are limited and participants are responsible for the cost of their meal. As we need to finalise numbers with the venue in advance, attendees will need to have registered their intention to attend the dinner prior to beginning of the conference.

The conference dinner will be held at Natural History Public Bar (www.naturalhistorypublicbar.com). The bar is located at 401 Collins Street, a 10 minute walk from Monash Law Chambers (see map page 3). Alternatively, you can catch the number 58 tram two stops down Williams Street.

WEDNESDAY 4 DECEMBERMonash University Law Chambers —555 Lonsdale St, Melbourne

8:30 - 9:00 Registration

9:00 - 10:00 Plenary Auditorium - Chaired by Jamie Walvisch

Jennifer ChandlerUniversity of OttawaCanada

The Tyrannical or Vulnerable Self: Should Ulysses Contracts Be Enforced Against Capable DBS Patients?

10:00 - 10:45 Lighting Talks Auditorium - Chaired by Chris Gyngell

Anthony ClarkeBLOXASAustralia

Architecture and Alterity: The Challenge of Designing Spaces for Neurodiversity

Sarah HainesMonash UniversityAustralia

Michael SavicMonash UniversityAustralia

Adrian CarterMonash UniversityAustralia

The Unexpected Harms of Real-Time Prescription Monitoring: An Ethical Analysis

Joshua O’NeillMacquarie UniversityAustralia

Legal Violence: Are Certain Forms of Speech Violence?

Juhee EomKorean National Institute for Bioethics PolicySouth Korea

The Legal Basis of Neuroscientific Development and Protection of Human Research Subjects in Korea

10:45 - 11:15 Morning Tea

11:15 - 12:45 Panel Discussion

What Makes a ‘Good’ Animal Model in Neurobiology? Assumptions, Values, and Future Directions Auditorium - Chaired by Tamara K Browne

Rachel A. AnkenyUniversity of AdelaideAustralia

Thinking Like a Worm? Prospects and Limitations for Using Nematodes As Neurobiological Models

Dook ShepherdUniversity of AdelaideAustralia

What It Is Like to Bee? Responsibility in an Age of Radical Understanding

Jason Scott RobertArizona State UniversityUSA

What Is Comparative Neurobiology? What Should It Be?

12:45 - 1:45 Lunch

1:45 - 2:45 Plenary Auditorium - Chaired by Cynthia Forlini

Joan LeachAustralian National UniversityAustralia

Does Australia Need a Framework Like Responsible Innovation?

2:45 - 3:15 Afternoon Tea

3:15 - 4:45 Parallel Session III

Agency and Responsibility Seminar Room 1 - Chaired by John Gardner

Julian J. KoplinMonash UniversityAustralia

The Moral Significance of ‘Uniquely Human’ Cognitive Capacities in Animals Containing Human Material

Thomas DouglasUniversity of OxfordUK

Neurointerventions, Nudges and the Right to Mental Integrity

Lauren SalingRMIT UniversityAustralia

Daniel CohenCharles Sturt UniversityAustralia

Does Automaticity Preclude Responsibility?

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WEDNESDAY 4 DECEMBERMonash University Law Chambers — 555 Lonsdale St, Melbourne

3:15 - 4:45 Parallel Session III

Neuroethics Across the Lifespan Seminar Room 2 - Chaired by Tamara K Browne

Anke SnoekMaastricht UniversityNetherlands

Dorothee HorstkötterMaastricht UniversityNetherlands

Youth With Antisocial Behavior: Neuroparenting and Professional Intervention

Christopher GyngellUniversity of MelbourneAustralia

Are There Ethical Differences Between Genetic and Environmental Means of Shaping a Child’s Development?

Cynthia ForliniDeakin UniversityAustralia

Must We? The Ethical and Practical Challenges of Implementing Consumer Preferences for Participation in Dementia Research

4:45 - 5:00 Closing Remarks Auditorium - Jamie Walvisch

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WEDNESDAY 4 DECEMBERMonash University Law Chambers — 555 Lonsdale St, Melbourne

ORGANISERSAdrian Carter Monash University

Jamie Walvisch Monash University

Jeanette Kennett Macquarie University

Cynthia Forlini Deakin University

Kate Seear Monash University

John Gardner Monash University

Andrew Dawson Monash University

Chris Gyngell Monash University

Tamara Browne Deakin University

SPONSORS • Turner Institute for Brain and Mental Health • Australian Neuroethics Network • International Neuroethics Society • Monash Law Health and Wellbeing Group • Australian Research Council Centre of Excellence for Integrative Brain Function

Innovation in Neurotechnology: The Case for Compatibility of Professional Self-Governance and Regulation

Judy Illes — University of British Colombia, Canada

Tuesday 9:30 am

C a n p ro f e s s i o n a l  s e l f - g o v e r n a n c e  c o - e x i s t w i t h external  regulatory systems? Using the examples of brain-related patents and  wearable neurotechnologies, I argue that the  answer is yes if the ethical principles of the duty to care, nonmaleficence, and trust are fundamental considerations in the process of innovation through commercialization.

Ethics and AI: From Public Preferences to Public Policy

Julian Savulescu — University of Oxford, UK

Tuesday 4:15 pm

Rapid advances in science and technology—think of ‘big data’ or autonomous vehicles—raise urgent ethical dilemmas that policymakers must address. One development that promises a possible solution is our growing ability to collect enormous amounts of data about people’s moral preferences.

A recent global survey on how cars should balance lives, showed some general preferences: to prioritise human over animal lives, to save more rather than fewer lives, and to save the young over the old. Some were culture-specific. People from southern countries, for example, tended to prioritise the lives of females and the physically fit.

This talk will discuss how we should decide policy in the light of detailed and large scale information of what the public thinks. Should these views be prescriptive? If not, how should we decide what moral choices machines should make?

The Tyrannical or Vulnerable Self: Should Ulysses Contracts Be Enforced Against Capable DBS Patients?

Jennifer Chandler — University of Ottawa, Canada

Wednesday 9:00 am

Troubling behavioural and emotional changes occasionally arise as a result of deep brain stimulation for Parkinson's disease. Some of these changes, including hypomania and impulsive behaviour, are not necessarily unwelcome to the patient post-operatively although they might come with costs to family, social and professional relationships. Pre-operative patients express concerns about these kinds of changes in online discussion forums. The evolution of deep brain stimulation to include a broader range of target conditions and to incorporate AI-enhanced closed loop (adaptive) devices suggests that issues of this type might arise in unpredictable ways in future. The possibility of a form of pre-operative Ulysses agreement, under which a patient directs that stimulation may be changed or discontinued over his or her later capable objection has been suggested as a possible way to cope with such situations.

Although such agreements are likely unenforceable under current laws, the case of DBS offers a novel scenario in which Ulysses agreements should perhaps be made enforceable.

Does Australia Need a Framework Like Responsible Innovation?

Joan Leach — Australian National University, Australia

Wednesday 1:45 pm

No.  As evidenced by 25 years of research, policy work,  and public engagement in the field of Neuroethics, it is possible that what every field of science/technology/and innovation needs is an integrated field that does the work that more global frameworks, like RI, propose.

Yes. Despite 25 years of research, policy work, and pubic engagement in the field of Neuroethics, Australia needs a global framework, like RI, to integrate neuroethics work into broader questions about neuroscience, and other sciences/technologies/innovations.

From the position of an academic user of neuroethics research, this talk will canvass why Australia might need (and might have much to offer) a framework for Responsible Innovation at a national scale.  It will highlight some recent findings of a national expert elicitation exercise and outline why academics might be nervous about a global framework and why they might be nervous without one.

PLENARY ABSTRACTS

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PUBLIC EVENT - WEDNESDAY 4 DECEMBER Conversation Quarter, State Library of Victoria,179 La Trobe Street, Melbourne

Brain Control: The Impact of Science and Technology on Mental Health, the Law and Privacy

Public Event - Wednesday 6:30 pm Drinks and canapés from 5.30pm

Panelists:

• Mr Sven Bluemmel - Victorian Information Commissioner

• Prof Judy Illes - Neuroethics Canada, University of British Columbia, Canada

• Prof Mark Andrejevic - Professor of Media Studies, Monash University

• Ms Vrinda Edan - Chief Operating Officer, Victorian Mental Illness Awareness Council

Guest MC

• Jon Faine, ABC Radio Presenter

Smartphones, smartwatches, other wearable devices and apps are now a part of everyday life. These technologies promise to improve our lives in many ways, through increased work flexibility and making us more connected to friends, family and the wider world.

In continuously monitoring our thoughts, movements, and behaviours, these devices can uncover new insights about the

nature of mental illness. Continuous monitoring may enable doctors to better tailor treatments to patients, and to diagnose and potentially prevent disease. The addition of artificial intelligence may be used to prevent suicide or predict future neurological disorders like Parkinson’s disease or dementia.

These technologies raise many social, ethical and legal dilemmas:

• Who collects and has access to our data?

• Do we know what is done with our data?

• Who benefits from this?

• Is our privacy at risk?

• Could these data be used to discriminate against vulnerable populations?

• How might our data be used by third parties such as educators, insurers, employers and courts?

Our expert panellists will discuss the virtues and risks of our digital health data being captured and used by others in the age of Facebook, metadata retention laws, Cambridge Analytica and a rapidly evolving neuroscience.

Entrance to the Conversation Quarter is Entry 3, 179 La Trobe Street, as detailed below: