Tag Archives: property rights

Many years ago, I created my first email address before logging into the internet. It was a simple AOL account. I didn’t give it much thought. I didn’t think I was creating anything valuable. At the time, the internet was limited to slow, clunky dial-up that had little to offer in terms of content. I doubt anyone saw what they were doing as creating something of great value.

I still have that email address today in case you’re wondering. I still regularly use it. I imagine a lot of people have an email address they created years ago for one of those early internet companies that used to dominate a very different digital world. They may not even see that address or those early internet experiences as valuable.

Times have changed and not just in terms of pandemics. In fact, times tends to change more rapidly in the digital world than it does in the real world. The data we created on the internet, even in those early days, became much more valuable over time. It served as the foundation on which multi-billion dollar companies were built.

As a result, the data an individual user imparts onto the internet has a great deal of value. You could even argue that the cumulative data of large volumes of internet users is among the most valuable data in the world.

Politicians, police, the military, big businesses, advertising agencies, marketing experts, economists, doctors, and researchers all have use for this data. Many go to great lengths to get it, sometimes through questionable means.

The growing value of this data raises some important questions.

Who exactly owns this data?

How do we go about treating it from a legal, fiscal, and logistical standpoint?

Is this data a form of tangible property, like land, money, or labor?

Is this something we can exchange, trade, or lease?

What is someone’s recourse if they want certain aspects of their data removed, changed, or deleted?

These are all difficult questions that don’t have easy answers. It’s getting to a point where ownership of data was an issue among candidates running for President of the United States. Chances are, as our collective data becomes more vital for major industries, the issue will only grow in importance.

At the moment, it’s difficult to determine how this issue will evolve. In the same way I had no idea how valuable that first email address would be, nobody can possibly know how the internet, society, the economy, and institutions who rely on that data will evolve. The best solution in the near term might not be the same as the best solution in the long term.

Personally, I believe that our data, which includes our email addresses, browsing habits, purchasing habits, and social media posts, should be treated as personal property. Like money, jewels, or land, it has tangible value. We should treat it as such and so should the companies that rely on it.

However, I also understand that there are complications associated with this approach. Unlike money, data isn’t something you can hold in your hand. You can’t easily hand it over to another person, nor can you claim complete ownership of it. To some extent, the data you create on the internet was done with the assistance of the sites you use and your internet service provider.

Those companies could claim some level of ownership of your data. It might even be written in the fine print of those user agreements that nobody ever reads. It’s hard to entirely argue against such a claim. After all, we couldn’t create any of this data without the aid of companies like Verizon, AT&T, Amazon, Apple, Facebook, and Google. At the same time, these companies couldn’t function, let alone profit, without our data.

It’s a difficult question to resolve. It only gets more difficult when you consider laws like the “right to be forgotten.” Many joke that the internet never forgets, but it’s no laughing matter. Peoples’ lives can be ruined, sometimes through no fault of their own. Peoples’ private photos have been hacked and shared without their permission.

In that case, your data does not at all function like property. Even if it’s yours, you can’t always control it or what someone else does with it. You can try to take control of it, but it won’t always work. Even data that was hacked and distributed illegally is still out there and there’s nothing you can do about it.

Despite those complications, I still believe that our data is still the individual’s property to some extent, regardless of what the user agreements of tech companies claim. Those companies provide the tools, but we’re the ones who use them to build something. In the same way a company that makes hammers doesn’t own the buildings they’re used to make, these companies act as the catalyst and not the byproduct.

Protecting our data, both from theft and from exploitation, is every bit as critical as protecting our homes. An intruder into our homes can do a lot of damage. In our increasingly connected world, a nefarious hacker or an unscrupulous tech company can do plenty of damage as well.

However, there’s one more critical reason why I believe individuals need to take ownership of their data. It has less to do with legal jargon and more to do with trends in technology. At some point, we will interact with the internet in ways more intimate than a keyboard and mouse. The technology behind a brain/computer interface is still in its infancy, but it exists and not just on paper.

Between companies like Neuralink and the increasing popularity of augmented reality, the way we interact with technology is bound to get more intimate/invasive. Clicks and link sharing are valuable today. Tomorrow, it could be complex thoughts and feelings. Whoever owns that stands to have a more comprehensive knowledge of the user.

I know it’s common refrain to say that knowledge is power, but when the knowledge goes beyond just our browsing and shopping habits, it’s not an unreasonable statement. As we build more and more of our lives around digital activities, our identities will become more tied to that data. No matter how large or small that portion might be, we’ll want to own it as much as we can.

It only gets more critical if we get to a point where we can fully digitize our minds, as envisioned in shows like “Altered Carbon.” At some point, our bodies are going to break down. We cannot preserve it indefinitely for the same reason we can’t preserve a piece of pizza indefinitely. However, the data that makes up our minds could be salvaged, but that opens the door to many more implications.

While that kind of technology is a long way off, I worry that if we don’t take ownership of our data today, then it’ll only get harder to do so in the future. Even before the internet, information about who we are and what we do was valuable.

This information forms a big part of our identity. If we don’t own that, then what’s to stop someone else from owning us and exploiting that to the utmost? It’s a question that has mostly distressing answers. I still don’t know how we go about staking our claim on our data, but it’s an issue worth confronting. The longerwe put it off, the harder it will get.