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Aug 24, 2023 · It Doesn’t Have to Be. A flexible concept drawn from, but not limited to, property law offers a solution to eroding Fourth Amendment data protections. In 2018, the Supreme Court ruled that Americans have a reasonable expectation of privacy in at least some of their cell phone location history data. The dissenting justices, however, did not agree.
Apr 24, 2020 · The Materiality of Data as Property. By: Jannice Käll. This Post is the sixth in a new Frontiers series that critically explores the connection between international law and emerging technology, featuring the writing of scholars from a variety of disciplines affiliated with the Institute for Global Law and Policy (IGLP) at Harvard Law School.
- Treating Data as Property Or Labor
- Dignitarian Critiques and Egalitarian Shortcomings
- Data Egalitarianism: Democratic Alternatives
Propertarian entitlement may occur in one of two ways. Most reforms propose a property right over data about the subject, in which the data subject may sell usage or full ownership rights. Alternatively, data may be conceived of as a form of the subject’s labor that entitles the data subject to command a wage in a data-labor market. The general not...
Where propertarian reforms conceive of data as the subject of individual ownership, dignitarian data governance conceives of data as an expression (or extension) of individual selfhood. Such accounts advance legal rights over personal data akin to natural rights: they obtain in the data subject as an extension of their right to self-determination. ...
What these shortcomings suggest is that alternative conceptions of the data political economy are needed. Such alternatives must be resistant to private market governance of the data political economy, attentive to the structural incentives at the root of data extraction, and responsive to the wealth accumulation, privacy erosion, and reproduction ...
Oct 25, 2019 · Specifically, lawmakers need to figure out what the country will do about a federal U.S. privacy law, whether to establish one and, if so, what it looks like. In nearly all the recent hearings on a federal law, the idea of data as a commodity or a "property" of sorts has come up. On Thursday, at the Senate Committee on Banking, Housing and ...
Jan 25, 2018 · about the utility and application of a property rights legal foundation for data. Data means any information recorded by electronic or digital means and is retrievable, whether perceivable to a human or machine.5 Industrial data means any data that is created, processed, stored, or used in commerce, including business-to-business transactions, and
- Jeffrey Ritter, Anna Mayer
- 2018
Abstract. In this, the Information Age, people and businesses depend on data. From your family photos to Google’s search index, data has become one of society’s most important resources. But there is a gaping hole in the law’s treatment of data. If someone destroys your car, they have committed the tort of conversion, and the law gives a ...
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Sep 21, 2021 · We show that user-held data meets all the requirements of an ‘asset’ in property laws regardless of the fact that data could be deemed as being intangible. More specifically, we show that such user-held data is specifically defined, has independent economic value to the individual, and can be freely alienated.
