Societal Impacts of Neurofeedback and Relevant Regulatory Frameworks in the United States

Today, we are witnessing rapid advancement of brain imaging technologies, not only in terms of their precision and our ability to characterize brain activities but also their accessibility. Now, one can easily order a device online that can track their brain activity as they go about their day, with the hope of making better decisions about their lives. But as with any technology, the development of brain imaging technologies and their utilization in our society will involve agents with their own economic and political motives, raising concerns regarding abuse of the technology. One brain imaging technology of particular concern is neurofeedback, a brain training technique based on feedback learning. Neurofeedback has the potential to relieve symptoms for various clinical populations and improve mental functions for healthy populations. However, recent studies suggest that it also has the potential to be abused. Studies have demonstrated that it can change people's facial preferences and mental associations covertly, rendering it a potentially dangerous tool for manipulating people's decision-making processes. While neurofeedback technology continues to evolve and become more accessible, it is important to examine, evaluate, and extend as needed, the legal framework for regulating its influence. Here, we describe a collaboration between neurofeedback researchers from Yale School of Medicine and members of the Yale Law School that aimed to begin this effort.¹