Neurohacking in the Digital and Artificial Intelligence Age: Legal Aspects of Protecting Neural Information

Objective: to contribute to the concept of neurocrime; to study the current and future risks from the viewpoint of cybersecurity in the context of digitalization and artificial intelligence development. Methods: the study uses a critical and descriptive analysis of the relationship between cybercrime and neurocrime. It provides a conceptual distinction between the brain-computer interface and its use and describes the differences between neural and mental manipulation. The legal autonomy of crimes against mental integrity in relation to crimes against physical integrity is investigated. The methodological framework includes the analysis of existing prototypes of neurocrimes based on a four-phase brain-computer interface cycle and the study of the features of neurohacking in the context of the metaverse and artificial intelligence technologies. Results: the study revealed the essential characteristics of neurohacking as the misuse of neural devices to gain unauthorized access to and manipulate neural information. Four main types of brain-computer interface applications subject to neurohacking are identified: neuromedical applications, user authentication systems, video games, and smartphone-based applications. The modalities of neurohacking were established at each phase of the brain-computer interface cycle: manipulations at the stage of neural information input, measuring and recording of brain activity, decoding and classifying neural information, as well as at the stage of the result output. The specific threats of neurohacking in the era of digitalization are analyzed, including immersive attacks and human joystick attacks in the metaverse. Scientific novelty: for the first time, a comprehensive differentiation of the concepts of neurocrime and cybercrime was carried out, highlighting their specific legal consequences. The author proposed a classification of neurocrimes based on the four-phase cycle of the brain-computer interface. The study substantiated the need to distinguish mental integrity as an independent object of legal protection, different from the protection of physical integrity. For the first time, the features of neurohacking in the context of the metaverse and artificial intelligence technologies were investigated, including the analysis of new types of attacks and threats to neurosecurity. Practical significance: the study results are important for the development of legal regulation in the field of cybersecurity and the corresponding regulations. The identified types of neurocrimes and their classification can help to create a specialized legislation on the protection of neural data and mental integrity. Practical recommendations on ensuring the neurosecurity of brain-computer interfaces are in demand in medical practice, video game industry, authentication systems, and for the development of smartphone applications.