No Lie MRI, which has begun marketing fMRI-based lie detection services, has suggested to prospective clients that its lie detection tests are not governed by the Employee Polygraph Protection Act (EPPA) of 1988:
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U.S. law prohibits truth verification/lie detection testing for employees that is based on measuring the autonomic nervous system (e.g. polygraph testing). No Lie MRI measures the central nervous system directly and such is not subject to restriction by these laws. No Lie MRI is unaware of any law that would prohibit its use for employment screening.
No Lie MRI might want to get a second legal opinion. The EPPA makes no distinction between devices that measure the autonomic versus the central nervous system, broadly defining “lie detector” thus:
The term ”lie detector” includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or electrical) that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.
No Lie MRI’s fMRI-based lie detector seems clearly to fall within the scope of this definition. Is No Lie MRI’s scientific research any better than its legal research?