Neurofeedback: potential for abuse and regulatory frameworks in the United States

• Published in: Philosophical transactions of the Royal Society of London. Series B. Biological sciences Vol. 379; no. 1915; p. 20230099
• Main Authors: Furnari, Fiona, Park, Haesoo, Yaffe, Gideon, Hampson, Michelle
• Format: Journal Article
• Language: English
• Published: England The Royal Society 02.12.2024
• Subjects: Humans; Neurofeedback - ethics; Neurofeedback - methods; Opinion Piece; United States; United States; technology regulations; law; implicit neurofeedback; undue influence; implicit training; neurofeedback
• ISSN: 0962-8436; 1471-2970; 1471-2970
• DOI: 10.1098/rstb.2023.0099

Neurofeedback is a brain-training technique that continues to develop via ongoing innovations, and that has broadening potential impact. Once confined primarily to clinical and research settings, it is increasingly being used in the general population. Such development raises concerns about the current regulatory mechanisms and their adequacy in protecting patterns of economic and political decision-making from the novel technology. As studies have found neurofeedback to change subjects’ preferences and mental associations covertly, there is a possibility it will be abused for political and commercial gains. Current regulatory practices (including disclaimer requirements, unfair and deceptive trade practice statutes and undue influence law) may be avenues from which to regulate neurofeedback influence. They are, however, limited. Regulating neurofeedback will face the line-drawing problem of determining when it induces an unacceptable level of influence. We suggest experiments that will clarify how the parameters of neurofeedback training affect its level of influence. In addition, we assert that the reactive nature of the traditional models of regulation will be inadequate against this and other rapidly transforming technologies. An integrated and proactive regulatory system designed for flexibility must be adopted to protect society in this era of modern technological advancement. This article is part of the theme issue ‘Neurofeedback: new territories and neurocognitive mechanisms of endogenous neuromodulation’.