forms of transhuman persons and the importance of prior resolution of relevant law

April 20, 2023 [email protected] 1

Forms of Transhuman Persons and The Importance of Prior Resolution of Relevant Law

A Comparison with the Law of Outer Space

Martine Rothblatt, [email protected]


Definitions of Transhuman

• Dictionaries– Websters: “superhuman”– Wikipedia (& WTA): “intermediate form between human and

post-human.” • Extropy Institute

– “human seeking to become posthuman”

• Terasem Movement– Transbiologically Receptive And Noetically Synthetic

Human– “Noetically Synthetic” means intrinsic and/or extrinsic use of

electronics for thought– “Human” depends on thoughts, not DNA


Form v. Attitude In Definition of Transhuman

More About Attitude

Mor

e A

bout

For

m

Extropy Institute’s“Seeking”

Terasem’s“Receptivity/Noetics”

Webster’s“Superhuman”

Wikipedia/WTA’s“Intermediate toPosthuman”


Challenging the Definitions

• Brain-enhanced nonhuman animals?

• What of chimeras? • How about sideways

evolution?• What of AI not at all

patterned on human thoughts

• Terasem definition works for all but last


Definition of Persons

• A human or organization with legal rights and duties

• Are transhumanized US citizens still citizens?– If no renunciation or

death, still a citizen– Are revived persons

reborn & new citizens?

• Can non-citizens be organized as trusts or other business forms?

• Title 22 U.S.C. Section 6010. ''United States person'' defined As used in this chapter, the term ''United States person'' means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States.


1958: First Colloquium on the Law of Outer Space

Spu

tnik

195

7

Exp

lore

r 19

58

Litt

le R

ock

1958

Nix

on-K

rusc

hev

1959


Experts Met to Start the Field of Space Law When…

• No animal had even been to orbit

• Communication satellites were thought to require on-board human operators

• The first damage caused by a space object was 20 years into the future

Radioactive Cosmos 954Crashed in Canada In 1978


When Legal Efforts Began

Space: 1958

Transhuman: 2005

Outer Space Technology

Transhuman Technology

Practicality & Utility Scientific & Military Scientific, Medical & Military

Motivation for Law Avoid Conflict Among States

Avoid Conflict Among Beings

Hardest Issue Boundaries in Space Boundaries in Citizenship

Action Plan Transcend Air Law Concepts

Transcend Law of Persons Concepts?


Kurzweil Slide Shows Close-In of Transhuman Technology


Kurzweil Slide Showing Transhumanization of Society


What Did the Experts Conclude in 1958?

• The age-old concept of national sovereignty over airspace had to give way to the technological reality of orbital overflight

• Someone had to be legally responsible for every object placed into space -- registration, coordination & strict liability for damages


How Did They Fare?

• 1967 -- Outer Space Treaty banned sovereignty over space

• 1973 -- Liability Convention specified rules for compensation due to space damage

• 1976 -- Registration Convention gave legal status to space objects

• 2005 -- 47th Colloquia

Andrew Haley,Colloquia On Law of Outer SpaceFounder

Stephen Gorove,Greatest ContributorTo Colloquia On LawOf Outer Space


What Might We Conclude Analogous to Our Legal Forebearers?

• Age-old concepts of citizenship & death may have to give way to new techno-logical realities

• Responsibility for transhuman persons will need to be regularized


Possible Analytic Framework for Transhuman Person Law

InformationTheoryDeath

CommunityStandards

EqualProtection

v. ADA

Mind InformationOrganized?

No

Dead Entity,Existing Law OK

Y

EntityConscious?

No

Biostasis Entity,Retains Citizenship; New Agency Law

Y

Able to ComplyWith CitizenshipObligations?

No

New Law ofTranshumanCustodialship

Y


Then Should Be Ready to Grant Transhuman Citizenship• It is a big leap from

genome/phenotype based citizenship

• But it was just as big a leap to forswear sovereignty after centuries of “core-to-cosmos” conical sovereignty


We Must Evolve Law with Evolving Technology…

• Just as Copernicus’ theory of the Earth’s rotation numbered the days of old-school sovereignty, so does

• Turing’s theory of machine consciousness number the days of old-school citizenship


…Or Else We Will Face the Conflicts of Dysfunctional Law

* Conflict Between – Humans & Transhumans– Flesh & Electronic Substrate

• Can Be Avoided With Prior Legal Development


How Might We Do in 10, 20 or 50 Years?

Time It May Take

Soc

ial I

mpl

icat

ions

Shift to InformationTheory Basis of Life & Death

Recognize CitizenshipOf DNA Humans WhoDownload Minds to Electronic Substrate DueTo Brain Disease

AI Citizenship

forms of transhuman persons and the importance of prior resolution of relevant law

Documents