The question “What is a thought?” is no longer strictly a philosophical one. Like anything else measurable, our thoughts are subject to increasingly technical answers, with data captured by tracking brainwaves. That breakthrough also means the data is commodifiable, and captured brain data is already being bought and sold by companies in the wearable consumer technologies space, with few protections in place for users.
In response, Colorado recently passed a first-in-the-nation privacy act aimed at protecting these rights. The act falls under the existing “Colorado Consumer Protection Act,” which aims to protect “the privacy of individuals’ personal data by establishing certain requirements for entities that process personal data [and] includes additional protections for sensitive data.”
The key language in the Colorado act is the expansion of the term “sensitive data” to include “biological data” — inclusive of numerous biological, genetic, biochemical, physiological, and neural properties.
Elon Musk’s Neuralink is the most famous example of how technology is being embedded with the human mind, though it isn’t alone in the space, with Paradromics emerging as a close competitor, alongside devices that have returned speech to stroke victims and helped amputees move prosthetic limbs with their minds. All of these products are medical devices that require implantation, and are protected under HIPAA’s strict privacy requirements. The Colorado law is focused on the rapidly growing consumer technology sphere and devices that don’t require medical procedures, have no analogous protections, and can be bought and used without medical oversight of any kind.
There are dozens of companies making products that are wearable technologies capturing brain waves (aka neura data). On Amazon alone, there are pages of products, from sleep masks designed to optimize deep sleep or promote lucid dreaming, to headbands promising to promote focus, and biofeedback headsets that will take your meditation session to the next level. These products, by design and necessity, capture neural data through use of small electrodes that produce readings of brain activity, with some deploying electric impulses to impact brain activity.
The laws in place for the handling all of that brain data are virtually non-existent.
“We have entered the world of sci-fi here,” said lead sponsor of the Colorado bill, Representative Cathy Kipp. “As with any advances in science, there must be guardrails.”
‘ChatGPT-moment’ for consumer brain tech
A recent study by The NeuroRights Foundation found that of thirty companies examined who are making wearable technology that is capable of capturing brainwaves, twenty-nine “provide no meaningful limitations to this access.”
“This revolution in consumer neurotechnology has been centered on the increasing ability to capture and interpret brainwaves,” said Dr. Sean Pauzauskie, medical director at The NeuroRights Foundation. Devices using electroencephalography, a tech readily available to consumers, is “a multibillion-dollar market that is set to double over the next five or so years,” he said. “Over the next two to five years it is not implausible that neurotechnology might see a ChatGPT-moment.”
How much data can be collected depends upon several factors, but the technology is rapidly advancing, and could lead to an exponential increase in applications, with the tech increasingly incorporating AI. Apple has already filed patents for brain-sensing AirPods.
“Brain data are too important to be left unregulated. They reflect the inner workings of our minds,” said Rafael Yusuf, professor of biological sciences and director, NeuroTechnology Center, Columbia University, as well as Chairman of the NeuroRights Foundation and leading figure in the neutotech ethics organization Morningside Group. “The brain is not just another organ of the body,” he added. “We need to engage private actors to ensure they adopt a responsible innovation framework, as the brain is the sanctuary of our minds.”
Pauzauskie said the value to companies comes in the interpretation or decoding of the brain signals collected by wearable technologies. As a hypothetical example, he said, “if you were wearing brain-sensing earbuds, not only would Nike know that you browsed for runners’ shoes from your browsing history, but could now know how interested you were as you browsed.”
A wave of biological privacy legislation may be needed
The concern targeted by the Colorado law may lead to a wave of similar legislation, with heightened attention to the mingling of rapidly-advancing technologies and the commodification of user data. In the past, consumer rights and protections have lagged behind innovation.
“The best and most recent tech/privacy analogies might be the internet and consumer genetic revolutions, which largely went unchecked,” Pauzauskie said.
A similar arc could follow unchecked advancements in the collection and commodification of consumer brain data. Hacking, corporate profit motives, ever-changing privacy agreements for users, and narrow to no laws covering the data, are all major risks, Pauzauskie said. Under the Colorado Privacy Act, brain data is extended the same privacy rights as fingerprints.
According to Professor Farinaz Koushanfar and Associate Professor Duygu Kuzum of the department of Electrical and Computer Engineering at UC San Diego, it is still too early to understand the limitations of the technology, as well as the depths of the potentially intrusive data collection.
Tracking neural data could mean tracking a broad range of cognitive processes and functions, including thoughts, intentions, and memories, they wrote in a joint statement sent via email. At one extreme, tracking neural data might mean accessing medical information directly.
The broad range of possibilities is itself an issue. “There are too many unknowns still in this field and that’s worrisome,” they wrote.
If these laws become widespread, companies may have no choice but to overhaul their current organizational structure, according to Koushanfar and Kuzum. There may be a need for establishing new compliance officers, and implementing methods such as risk assessment, third-party auditing and anonymization as mechanisms for establishing requirements for the entities involved.
On the consumer side, the Colorado law and any subsequent efforts represent important steps toward better educating users, as well as giving them the required tools to check and exercise their rights should they be infringed.
“The privacy law [in Colorado] regarding neurotechnology might stand as a rare exception, where rights and regulations precede any widespread misuse or abuse of consumer data,” Pauzauskie said.
Sam Altman’s identity verification venture World is launching its eye-scanning Orb product in the U.K.
World
LONDON — World, the biometric identity verification project co-founded by OpenAI CEO Sam Altman, is set to launch in the U.K. this week.
The venture, which uses a spherical eye-scanning device called the Orb to scan people’s eyes, will become available in London from Thursday and is planning to roll out to several other major U.K. cities — including Manchester, Birmingham, Cardiff, Belfast, and Glasgow — in the coming months.
The project aims to authenticate the identity of humans with its Orb device and prevent the fraudulent abuse of artificial intelligence systems like deep fakes.
It works by scanning a person’s face and iris and then creating a unique code to verify that the individual is a human and not an AI.
Once someone has created their iris code, they are then gifted some of World’s WLD cryptocurrency and can use an anonymous identifier called World ID to sign into various applications. It currently works with the likes of Minecraft, Reddit and Discord.
From ‘science project’ to reality
Adrian Ludwig, chief architect of Tools for Humanity, which is a core contributor to World, told CNBC on a call that the project is seeing significant demand from both enterprise users and governments as the threat of AI to defraud various services — from banking to online gaming — grows.
“The idea is no longer just something that’s theoretical. It’s something that’s real and affecting them every single day,” he said, adding that World is now transitioning “from science project to a real network.”
The venture recently opened up shop in the U.S. with six flagship retail locations including Austin, Atlanta, Los Angeles, Nashville, Miami and San Francisco. Ludwig said that looking ahead, the plan is to “increase the number of people who can be verified by an order of magnitude over the next few months.”
Ever since its initial launch as “Worldcoin” in 2021, Altman’s World has been plagued by concerns over how it could affect users’ privacy. The startup says it addresses these concerns by encrypting the biometric data collected and ensuring the original data is deleted.
On top of that, World’s verification system also depends on a decentralized network of users’ smartphones rather than the cloud to carry out individual identity checks.
Still, this becomes harder to do in a network with billions of users like Facebook or TikTok, for example. For now, World has 13 million verified users and is planning to scale that up.
Ludwig argues World is a scalable network as all of the computation and storage is processed locally on a user’s device — it’s only the infrastructure for confirming someone’s uniqueness that is handled by third-party providers.
Digital ID schemes
Ludwig says the way technology is evolving means it’s getting much easier for new AI systems to bypass currently available authentication methods such as facial recognition and CAPTCHA bot prevention measures.
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He sees World serving a pertinent need in the transition from physical to digital identity systems. Governments are exploring digital ID schemes to move away from physical cards.
However, so far, these attempts have been far from perfect.
One example of a major digital identity system is India’s Aadhaar. Although the initiative has seen widespread adoption, it has also been the target of criticisms for lax security and allegedly worsening social inequality for Indians.
“We’re beginning to see governments now more interested in how can we use this as a mechanism to improve our identity infrastructure,” Ludwig told CNBC. “Mechanisms to identify and reduce fraud is of interest to governments.”
The technologist added that World has been talking to various regulators about its identity verification solution — including the Information Commissioner’s Office, which oversees data protection in the U.K.
“We’ve been having lots of conversations with regulators,” Ludwig told CNBC. “In general, there’s been lots of questions: how do we make sure this works? How do we protect privacy? If we engage with this, does it expose us to risks?”
“All of those questions we’ve been able to answer,” he added. “It’s been a while since we’ve had a question asked we didn’t have an answer to.”
Tesla displays Optimus next to two of its vehicles at the World Robot Conference in Beijing on Aug. 22, 2024.
CNBC | Evelyn
Tesla’s vice president of Optimus robotics, Milan Kovac, said on Friday that he’s leaving the company.
In a post on X, Kovac thanked Tesla CEO Elon Musk and reminisced about his tenure, which began in 2016.
“I want to thank @elonmusk from the bottom of my heart for his trust and teachings over the decade we’ve worked together,” Kovac wrote. “Elon, you’ve taught me to discern signal from noise, hardcore resilience, and many fundamental principles of engineering. I am forever grateful. Tesla will win, I guarantee you that.”
Tesla is developing Optimus with the aim of someday selling it as a bipedal, intelligent robot capable of everything from factory work to babysitting.
In a first-quarter shareholder deck, Tesla said it was on target for “builds of Optimus on our Fremont pilot production line in 2025, with wider deployment of bots doing useful work across our factories.”
During Tesla’s 2024 annual shareholder meeting, Musk characterized himself as “pathologically optimistic,” then claimed the humanoid robots would lift the company’s market cap to $25 trillion at an unspecified future date.
In recent weeks, Musk told CNBC’s David Faber that Tesla is now training its Optimus systems to do “primitive tasks,” like picking up objects, open a door or throw a ball.
Competitors in the space include Boston Dynamics, Agility Robotics, Apptronik, 1X and Figure.
Kovac had previously served as the company’s director of Autopilot software engineering. He rose to lead the company’s Optimus unit as vice president in 2022.
Musk personally thanked Kovac for his “outstanding contributions” to the business.
President Donald Trump holds a news conference with Elon Musk to mark the end of the Tesla CEO’s tenure as a special government employee overseeing the U.S. DOGE Service on Friday May 30, 2025 in the Oval Office of the White House in Washington.
Tom Brenner | The Washington Post | Getty Images
Tesla has been facing massive challenges trying to get back on track after a disastrous first quarter. Those headwinds strengthened considerably this week.
CEO Elon Musk officially concluded his term with the Trump administration at the end of May, hitting the 130-day mark, the maximum time allowed for a “special government employee.” On his way out the door, Musk expressed sharp criticism of the Trump’s signaturespending bill that’s being debated in Congress due to its expected impact on the national debt.
What started off as a policy disagreement quickly escalated into an all-out online brawl, with Musk and President Donald Trump hurling insults at one other from their respective social media platforms. After Musk called the “one, big beautiful bill” an “abomination” and rallied his followers on X to “kill the bill,” Trump said Musk had gone “CRAZY” and threatened to end government contracts and cut off subsidies for Musk’s companies. Musk responded, “Go ahead, make my day.”
The rift sent Tesla shares plummeting 14% on Thursday, wiping out roughly $152 billion in value, the most for any day in the company’s 15 year-history on the public market. While Musk is still the richest person in the world on paper, his net worth plunged by $34 billion, according to Bloomberg’s Billionaires Index.
More importantly, the spat brought about the collapse to a relationship that blended business, politics and power in a manner virtually unprecedented in U.S. history. The ramifications to Tesla, which fell out of the trillion-dollar club on Thursday, could be severe, and not just because Trump is reportedly considering selling or giving away the red Model S he purchased in March after turning the White House lawn into a Tesla showroom.
A senior White House official told NBC News on Friday that the president was “not interested” in having a call with Musk to resolve their feud.
Ire from the Trump administration could influence everything from future regulation, investigations and government support for Tesla, to decisions on tariff exemptions the company has been seeking in order to purchase Chinese-made manufacturing equipment.
Tesla shares were badly underperforming the broader market before the Musk-Trump breakup. Revenue slid 9% in the first quarter from a year earlier, with auto revenue plummeting 20%, due to the combination of increased competition from lower-cost EV makers in China and a consumer backlash to Trump’s political activities and rhetoric.
It’s certainly not what Tesla shareholders were expecting, when they sent the stock up about 30% in the days following Trump’s election victory in November. After spending close to $300 million to return Trump to the White House, Musk was poised to have a major role in the administration and be in position to push through regulatory changes in ways that benefited his companies.
Instead, his company has suffered, and Musk’s behavior is largely to blame.
One of his most divisive actions in leading the Trump administration’s Department of Government Efficiency (DOGE) was the dismantling of USAID, which previously delivered billions of dollars of food and medicine to more than 100 countries.
Beyond the U.S., Musk has endorsed Germany’s far-right extremist party AfD, and gave a gesture that many viewed as a Nazi salute at an inauguration rally.
In response, in recent months, there were numerous cases of vandalism or arson of Tesla facilities or vehicles in the U.S., as well as waves of peaceful protests at Tesla stores and service centers in North America and Europe.
Advertisements in protest of Musk have appeared in New York’s Times Square, and at bus shelters in London, urging people to boycott Tesla, some labeling the company’s EVs as “swasticars.” The Vancouver International Auto Show even removed Tesla from its exhibitors’ list fearing the company’s presence would cause safety problems.
On top all that are President Trump’s sweeping tariffs, which have led to concerns that costs will increase for parts and materials crucial for EV production. In its first-quarter earnings report in April, Tesla refrained from promising growth this year and said it will “revisit our 2025 guidance in our Q2 update.”
Board is mum
Pension funds that invest in Tesla have said the “crisis” at the company requires a leader to work a minimum of 40 hours per week to focus on solving its problems.
Public officials are echoing that sentiment, and calling on Tesla’s board to take action.
New York City Comptroller Brad Lander said on Thursday in s statement to CNBC that the “schoolyard fight” between Trump and Musk highlights how “Tesla’s weak accountability measures and poor governance threaten not only the company’s financial stability and shareholder value, but also the future of homegrown EV production.”
Brooke Lierman, comptroller of Maryland, told CNBC in an email that the company’s board “is not doing its job to ensure that there is a CEO at Tesla who is putting the company’s interests first.”
Since Musk’s name is synonymous with Tesla, the board needs to ensure that Tesla can stand on its own regardless of who’s leading the company, she added.
“Musk’s behavior continues to threaten the future of Tesla,” Lierman said. “As long as Tesla is identified with Elon Musk and he continues to be a polarizing figure, he will continue to damage the brand which is a huge part of Tesla’s value.”
Musk didn’t respond to a request for comment. CNBC also reached out for comment to board chair Robyn Denholm and directors and executives who work in government relations and in the office of the CEO. None of them responded as of the time of publication.
Elon Musk interviews on CNBC from the Tesla Headquarters in Texas.
CNBC
Tesla investors focused on business fundamentals are justified in their skepticism.
The company has failed to roll out innovative and affordable new model EVs, while Chinese competitors like BYD have flooded the market, particularly in Europe.
Analysts at Goldman Sachs on Thursday lowered their price target on Tesla mostly due to the outlook for 2025. Deliveries this quarter are tracking lower for the U.S., the analysts noted, while European sales saw a 50% year-over-year decline in April and another double-digit drop in May. China sales from those two months were down about 20% from a year earlier.
Quality is also a problem. Tesla has announced eight voluntary recalls of the Cybertruck in 15 months due to a range of issues including software bugs and sticking accelerator pedals.
Robotaxi ready?
Musk is urging investors to largely ignore the core business and look to the future, which he says is all about autonomous vehicles and humanoid robots.
But even there, Tesla is behind. In AVs the company has ceded ground to Alphabet’s Waymo, which is operating commercial robotaxi services in several U.S. markets. After a decade of missed deadlines, Musk has promised a small launch of a Tesla driverless ride-hailing service in Austin this month.
The Austin robotaxi service will operate in a geofenced area, Musk said in a recent interview with CNBC’s David Faber, and will begin with a small fleet of just 10 to 20 Model Y vehicles with Full Self-Driving (FSD) Unsupervised technology installed. If all goes well, Musk has said, Tesla will try to rapidly expand its driverless offerings to other markets like San Francisco and Los Angeles.
What consumers won’t be seeing anytime soon are the Cybercab and Robovan vehicles that Tesla touted at its “We, Robot” event last year to drum up customer and investor enthusiasm.
On Friday, Milan Kovac, Tesla’s vice president of Optimus robotics, announced he was leaving after joining the company in 2016. Musk thanked him for his “outstanding contribution” in a post on X.
Still, there are plenty Tesla bulls and Musk fanboys who are believers in the CEO’s vision. The stock’s 4% rebound on Friday is a sign that some saw an opportunity to buy the dip.
“I think the real story here is the investor base of Tesla literally doesn’t care about anything,” Josh Brown, CEO of Ritholtz Wealth Management and CNBC PRO contributor, told CNBC’s “Halftime Report” Friday. “This is still a nothing matters stock.”
FundStrat’s Tom Lee said the Tesla selloff was “overdone.”
Tesla’s market cap, which is dramatically inflated relative to every other U.S. car maker, is built on Musk’s vision of Tesla’s Optimus humanoid robots doing factory work and babysitting our children, while self-driving Cybercabs and Robovans make money carting around passengers.
Morgan Stanley’s Adam Jonas wrote in a note this week that, “Tesla still holds so many valuable cards that are largely apolitical,” pointing to what he sees as the company’s “AI leadership, autonomy/robotics, manufacturing, supply chain re-architecture, renewable power, [and] critical infrastructure.”
In terms of Tesla’s existing business, the most immediate impact from what’s happening in Washington D.C., is the rollback of EV credits in the current budget bill that Musk loudly opposes and that’s struggling to find sufficient support in the Senate. There’s also the matter of the tariffs and whether Tesla is able to get preferred treatment, a proposition that seems increasingly unlikely with the Musk-Trump fallout.
Matthew LaBrot, a former Tesla staff program manager, told CNBC that he’s not surprised that Musk blew up his relationship with the president. LaBrot was terminated earlier this year after sending an open letter in protest of Musk’s divisive political activity.
“I am devastated for the country and the climate, though Elon only has himself to blame,” LaBrot said in an interview. “Back a loose canon, expect stray canon fire.”
Tesla investors can’t know at the moment how much of Musk’s energy and time will now return to his lone public company, and the business responsible for the vast majority of his wealth. Even without politics, he still has SpaceX, AI startup xAI and brain tech startup Neuralink, among other businesses.
As of Thursday, Musk still had a West Wing office that hadn’t been cleaned out, two administration officials told NBC News. The space will likely be packed up in the coming days, one of the officials said.
And while his time in the Trump camp may be over, Musk has called on his followers to form a new party in the U.S.
“Is it time to create a new political party in America that actually represents the 80% in the middle?” he wrote on X on Thursday, in a post that’s now pinned at the top of his page. According to the post, 80% of 5.6 million respondents to the unofficial poll said “yes.”
Musk’s actions this week may have caused a permanent rift with the president. But one thing is clear — his company can’t get away from the White House.