(Sacramento, CA)— Earlier today, Senator Thomas J. Umberg (D-Santa Ana), Chair of the Senate Judiciary Committee, announced his introduction of Senate Bill 44, the Neural Data Protection Act.  

“I love science fiction books and movies as much as the next person,” said Senator Umberg. “From the extreme scenes of the harvesting fields in The Matrix to the biotechnology operating Luke Skywalker’s arm in The Empire Strikes Back, it feels like we’ve been envisioning the human-computer interface for decades. In reality though, the future is here and the ethical concerns and questions are almost mindboggling.”

The advancement of Brain-Computer Interface (BCI) technology into mainstream society represents both an exciting and challenging set of circumstances for scientists, researchers, and lawmakers alike.  BCIs allow direct communication between a person’s brain and external devices.  Originally created for medical purposes like helping to improve cognitive function and restoring mobility for paralyzed patients.  One of the most well-known examples of this technology was the late Stephen Hawking’s use of a BCI-controlled speech generation device as he struggled with progressive motor neuron disease.

In recent years however, BCIs have attracted additional interest from technology companies for expanded capabilities with the most notable example being Elon Musk’s Neuralink and discussion about the technology being used for gaming, workplace efficiency, entertainment, and other possibilities.  

Senator Umberg’s SB 44, co-sponsored by the Consumer Federations of America and California and Oakland Privacy, will require that companies use data collected via a Brain-Computer Interface (BCI) only for the purpose in which the data was stated to be collected and that they delete any collected data after stated research goals have been accomplished.    

Brain data collected by BCIs has the potential to reveal sensitive personal details about a person’s thoughts, emotions, cognitive processes, and even subconscious thoughts. In the wrong hands, the consequences of misused or unprotected neural data could be severe.  Senator Umberg believes that protecting this highly sensitive information from unauthorized access or misuse is a crucial piece of both medical and consumer data protection privacy. 

“At the most extreme, nobody deserves their innermost thoughts and feelings being perverted or manipulated by the likes of Elon Musk who, by his own admission, has odd beliefs on genetics,” continued Senator Umberg.  “On a more likely day-to-day basis, however, those experimenting with and benefitting from this incredible technology should be lauded for their bravery and ingenuity with some basic protections.”

The fact sheet for SB 44 is attached and the measure is expected to be heard in policy committee(s) in April.

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Senator Thomas Umberg represents the 34th Senate District which includes the cities of Santa Ana, Anaheim, Long Beach, Fullerton, Orange, La Habra, Placentia, South Whittier, and East Whittier. Umberg is a retired U.S. Army Colonel, and former federal prosecutor. He and his wife, Brigadier General Robin Umberg, USA (ret.), lives in Orange County.