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#asknostr

Couldn't we make our private data part of intellectual property rights? And based on this restrict the legal use of personal information - like real Name, date of birth, insurance number, ID-number, domicil, IP-connection and more - to a absolute minimum? And whenever someone wats to store these data longer than a certain minimum (like maby 30 days), they would have to present an active personal subscription, where they pay this specific individual for the use of their data or present a way to offer granular acceptance and decline of certain data points for a specific usecase the user is requesting. Like using the date of birth, since the user requests that their followers know their birthday.

I know many business models will have to change a lot of their practices. Tracking companies can even loose their business model.

But it seems of high importance to me, in order that we can continue living in a free society.

Raw 4mo ago

I had a similar idea a long ago, so I might be rusty here.

The problem is under which ipr do you want data? Even before we figire it out the problem arises when we call data a 'property'. Property comes from tangibles the theoretical framework is built around the traditional notion of property. There is a huge debate around porting the traditional property theory for Ipr. Some say it does not even work. IPR as a field is in question here specially copyright. The therories just does not fit well with the IPR regime.

Data being an IPR would have immediate implications, i tried to argue that the contract we sign for giving our data is void as its under undue influence 🤣, and essentially we are also forgoing our fundamental right with a contract(which should not be possible).

Where would data fit on the current ipr laws? Copyright? Copyright cannot protect things that are not original, is my data original? And copyright law treats originality with a difference than a normal use of the term as US court said there has to be "modicum of creativity". The data i generate eg. Location does not involve any creatively at all. Proving copyright will be hard.

The only way we can put data into IPR is if we develop a new IPr lets say personal data rights. That would leave us to prove that data is a property. Now going with the therories you subscribe it might be a difficult task. Lets take a simple labour theory as an example. Can we say that data is a product of we mixing our labour with things in common? Data is not like a fruit of an apple tree. Well I will not write long look into it more, my thumb hurts now lol.

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Discussion

freemymind 🇨🇭 4mo ago

Thanks for your thoughts. My intention is to write law in order to give property rights of certain information to the individual. So that everyone can freely share these property at free will. But at any time they should have the right to request if data are still stored and request deletion of these data.

To write it short, that every individual has the right to know who stores what data about them and request a delete of those at any time. So to have the right on these data and with no contract in the world this could change.

Since currently platforms like Facebook, Instagram and X are holding their users private data and have the intellectual property of it. I imagine a world where it would not be legally binding to sign such a contract. Where certain data can inherently not be given out of hands. I can share my property every day all day for free. But all the time I have the right to request a delete as well. And under no circumstances my property can be used by others without mutual consent. For every single case of sharing it.

Raw 4mo ago

Aight best of luck. Let me know if you wanna discuss more.