Criminal law regulation of neurohacking
Автор: Begishev I.R.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 2 (45), 2025 года.
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The article explores the phenomenon of neurohacking as a new form of criminal activity that requires an appropriate criminal law response. The peculiarity of this phenomenon is its focus on human neural processes, which determines the specifics of the object of encroachment and the mechanism of harm. The author formulates the criminal law concept of neurohacking as intentional unlawful influence on human neural processes through the use of neurotechnological means and methods, committed without the consent of a person or with his consent obtained under the influence of deception, and aimed at obtaining unauthorized access to information stored in the brain, manipulation of consciousness, behavior or the psycho-emotional state of a person. A criminal legal classification of neurohacking has been developed, including grouping by the object of exposure (cognitive, emotional, behavioral), the method of exposure (noninvasive, invasive) and the goals of exposure (information extraction, mind manipulation, behavior management). The proposed criminal law typology of neurohacking can serve as a basis for developing a differentiated approach to criminalizing various forms of this act, taking into account their specifics and the degree of public danger.
Neurohacking, neuro-law, neurobiology, neurosecurity, neuro crime, neurocriminology, neuroethics, neurotechnology, criminal law, qualification of crimes, criminal law regulation
Короткий адрес: https://sciup.org/14133310
IDR: 14133310 | DOI: 10.47475/2311-696X-2025-45-2-46-51