The Game-Changing Moment of Data Ownership Has a Legal Gap

In a series of data-as-property, digital identity ownership articles, I described how distributed ledger and smart contract technology would transform data privacy into a property law-based model. Indeed, “the full range of intangible property can become an asset owned and protected under property law” — I wrote that here. However, there is a gap in this model when it comes to enforcing the rights of the property owner.

While the World Intellectual Property Organization (WIPO) is undoubtedly correct that “anything that can be digitized can be turned into [a token]”, it will prove to be challenging to enforce redress against infringing actions without the infringer knowing about the ownership status over this entirely new class of digital assets.