A wave of biological privacy laws may be coming as tech gadgets capture our brain waves
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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.
Technology
IPO market gets boost from Circle’s 500% surge, sparking optimism that drought may be ending
Jeremy Allaire, CEO and co-founder of Circle Internet Group, the issuer of one of the world’s biggest stablecoins, and Circle Internet Group co-founder Sean Neville react as they ring the opening bell, on the day of the company’s IPO, in New York City, U.S., June 5, 2025.
NYSE
For over three years, venture capital firms have been waiting for this moment.
Tech IPOs came to a virtual standstill in early 2022 due to soaring inflation and rising interest rates, while big acquisitions were mostly off the table as increased regulatory scrutiny in the U.S. and Europe turned away potential buyers.
Though it’s too soon to say those days are entirely in the past, the first half of 2025 showed signs of momentum, with June in particular producing much-needed returns for Silicon Valley’s startup financiers. In all, there were five tech IPOs last month, accelerating from a monthly average of two since January, according to data from CB Insights.
Highlighting that group was crypto company Circle, which more than doubled in its New York Stock Exchange debut on June 5, and is now up sixfold from its IPO price for a market cap of $42 billion. The stock got a big boost in mid-June after the Senate passed the GENIUS Act, which would establish a federal framework for U.S. dollar-pegged stablecoins.
Venture firms General Catalyst, Breyer Capital and Accel now own a combined $8 billion worth of Circle stock even after selling a fraction of their holdings in the offering. Silicon Valley stalwarts Greylock, Kleiner Perkins and Sequoia Capital are set to soon profit from Figma’s IPO, after the design software vendor filed its public prospectus on Tuesday. Since its $20 billion acquisition agreement with Adobe was scrapped in late 2023, Figma has been one of the most hotly anticipated IPOs in startup land.
It’s “refreshing and something that we’ve been waiting for for a long time,” said Eric Hippeau, managing partner at early-stage venture firm Lerer Hippeau, regarding the exit environment. “I’m not sure that we are confident that this can be a sustained trend yet, but it’s been very encouraging.”
Another positive sign for the industry the past couple months was the performance of artificial infrastructure provider CoreWeave, which went public in late March. The stock was relatively stagnant for its first month on the market but shot up 170% in May and another 47% in June.
For venture firms, long considered the lifeblood of risky tech startups, IPOs are essential in order to generate profits for the university endowments, foundations and pension funds that allocate a portion of their capital to the asset class. Without handsome returns, there’s little incentive for limited partners to put money into future funds.
After a record year in 2021, which saw 155 U.S. venture-backed IPOs raise $60.4 billion, according to data from University of Florida finance professor Jay Ritter, every year since has been relatively dismal. There were 13 such offerings in 2022, followed by 18 in 2023 and 30 last year, collectively raising $13.3 billion, Ritter’s data shows.
The slowdown followed the Federal Reserve’s aggressive rate-hiking campaign in 2022, meant to slow crippling inflation. As the lower-growth environment extended into years two and three, venture firms faced increasing pressure to return cash to investors.
‘Backlog of liquidity’
In its 2024 yearbook, the National Venture Capital Association said that even with a 34% increase in U.S. VC exit value last year to $98 billion, that number is 87% below the 2021 peak and less than half the average for the four years from 2017 through 2020. It’s a troubling dynamic for the 58,000 venture-backed companies that have raised a total of $947 billion from investors, according to the annual report, which is produced by the NVCA and PitchBook.
“This backlog of liquidity drought risks creating a ‘zombie company’ cohort — businesses generating operational cash flow but lacking credible exit prospects,” the report said.
Other than Circle, the latest crop of IPOs mostly consists of smaller and lesser-known brands. Health-tech companies Hinge Health and Omada Health are valued at about $3.5 billion and $1 billion, respectively. Etoro, an online trading platform, has a market cap of just over $5 billion. Online banking provider Chime Financial has a higher profile due largely to a years-long marketing blitz and is valued at close to $11.5 billion.
Meanwhile, the highest valued private companies like SpaceX, Stripe and Databricks remain on the sidelines, and AI highfliers OpenAI and Anthropic continue to raise massive amounts of cash with no intention of going public anytime soon.
Still, venture capitalists told CNBC that there are plenty of companies with the financial metrics to be public, and that more of them are readying for the process.
“The IPO market is starting to open and the VC world is cautiously optimistic,” said Rick Heitzmann, a partner at venture firm FirstMark in New York. “We are preparing companies for the next wave of public offerings.”
There are other ways to make money in the meantime. Secondary sales, a process that involves selling private shares to new investors, are on the rise, allowing early employees and investors to get some liquidity.
And then there’s what Mark Zuckerberg is doing, as he tries to position his company at the center of AI innovation and development.
Mark Zuckerberg, chief executive officer of Meta Platforms Inc., during the Meta Connect event on Wednesday, Sept. 25, 2024.
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Last month, Meta announced a $14 billion bet on Scale AI, taking a 49% stake in the AI startup in exchange for poaching founder Alexandr Wang and a small group of his top engineers. The deal effectively bought out half of the stock owned by investors, leaving them with the opportunity to make money on the rest of their holdings, should a future acquisition or IPO take place.
The deal is a big win for Accel, which led Scale AI’s Series A round in 2017, and is poised to earn more than $2.5 billion in the transaction. Index Ventures led the Series B in 2018, and Peter Thiel’s Founders Fund led the Series C the following year at a valuation of over $1 billion.
Investors now hope the Federal Reserve will move toward a rate-cutting campaign, though the central bank hasn’t committed to one. There’s also ongoing optimism that regulators will make going public less burdensome. Last week, Reuters reported, citing sources familiar with the matter, that U.S. stock exchanges and the SEC have discussed loosening regulations to make IPOs more enticing.
Mike Bellin, who heads consulting firm PwC’s U.S. IPO practice, said he anticipates a diversity of IPOs across sectors in the second half of the year. According to data from PwC, pharma and fintech were among the most active sectors for deals through the end of May.
While the recent trend in IPO activity is an encouraging sign for investors, potential roadblocks remain.
Tariffs and geopolitical uncertainty delayed IPO plans from companies including Klarna and StubHub in April. Neither has provided an update on when they plan to debut.
FirstMark’s Heitzmann said the path forward is “not at all clear,” adding that he wants to see a strong quarter of economic stability and growth before confidently saying that the market is wide open.
Additionally, other than CoreWeave and Circle, recent tech IPOs haven’t had big pops. Hinge Health, Chime and eToro have seen relatively modest gains from their offer price, while Omada Health is down.
But virtually any activity beats what VCs were experiencing the last few years. Overall, Hippeau said recent IPO trends are generally encouraging.
“There’s starting to be kind of light at the end of the tunnel,” Hippeau said.
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