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It's technology of the future being tested today," said the TV news announcer,
"a new lie detector that one day could be used to spot terrorists
at airports." And my local radio station has been plugging
Temple University, in Philadelphia, as the "creator of a new
lie detector," based on brain imaging.
High-tech
polygraphs are rapidly emerging from the laboratory, accompanied
by hyperbole and hopes that they will be useful in the fight
against terrorism. But whether they can make a real contribution
to law enforcement is more uncertain than most people realize.
Brain
Fingerprinting Laboratories Inc., in Seattle (http://www.brainwavescience.com),
is aggressively promoting one technique for criminal and other
investigations. Using electroencephalograph sensors, Brain
Fingerprinting measures an electrical signal from the scalp
that is evoked by the sight of a familiar image. For example,
show a photo of a crime scene to a suspect and the response
can be compared to that from an image of a familiar person.
Could these signals be interpreted to indicate whether that
person was familiar with the crime scene, or not? The method
was used in India for high-profile terrorist investigations
and figured in an unsuccessful attempt to stop the execution
of Oklahoma death-row prisoner Jimmie Rae Slaughter earlier
this year.
Other
research groups, including two in Philadelphia, are developing
lie detection methods using other neuroscience techniques.
My colleague Daniel Langleben at the University of Pennsylvania
and his co-workers are using functional magnetic resonance
imaging to measure changes in brain function in subjects doing
card tricks. And a group at Drexel University is developing
a high-tech polygraph system using near-infrared light scattering
from the brain.
Defense
and security agencies are also funding research in this area.
In 2004, for example, the U.S. Navy awarded Li Creative Technologies,
in Florham Park, N.J., a US $100 000 contract to study "thermal
imaging of the head for sensing and identification of concealed
intent." The goal is to develop a "fast screen test for entry
to U.S. borders, military checkpoints, and critical facilities."
Can these
methods work? Certainly, scientists can measure different
brain responses when a subject is shown pictures with varying
degrees of meaning, for example a picture of a loved one compared
with that of a stranger. But nobody knows how well these new
methods will work in real-world settings. Being able to detect
a student's lie in a laboratory card trick is clearly not
the same as being able to detect terrorists at the airport
or reliably uncover knowledge stored in the brain.
Most
of these methods are based on an experimental paradigm known
as the guilty knowledge test, which has a false-positive rate
of about 20 percent. Can we improve on this sufficiently to
detect the rare event of a terrorist passing through airport
security without incriminating a far larger number of innocent
travelers? Not likely.
And brain
image or other "scientific" data from the brain will be intensely
prejudicial to a present-day jury, much as polygraph results
must have seemed incontrovertible when they were first introduced
as courtroom evidence. Would a lay jury view a false-color
image of the brain, and be able to understand that it shows
small changes in regional blood flow in the brain with only
a very indirect relation to telling the truth?
Polygraph
testing came to be widely used and accepted in the United
States and other countries without the careful evaluation
that should be required of any investigational tool on which
the future of the subject's life depends.
Before being applied in socially important settings such as
the courtroom, Brain Fingerprinting testing and other neurotechnological
methods should be subjected to a rigorous, independent, public
assessment.
Our guest editorialist, Kenneth R. Foster (F), is professor of
bioengineering at the University of Pennsylvania, former president
of the IEEE Society on Social Implications of Technology,
and a member of IEEE Spectrum's Editorial Advisory
Board.
The editorial content of IEEE Spectrum does not represent official
positions of the IEEE or its organizational units. Please address comments
to Forum at n.hantman@ieee.org.