Cyber Market Pulse – Digital Identity: A New Frontier

IR Digital is pleased to share that our partner, eosedge Legal, is spearheading an initiative to convert privacy protection into digital assets that embody the entirety of an individual’s digital identity.  To better understand this transformative approach to data privacy, the founder and partner of eosedge Legal, Douglas DePeppe, recently published this article:  https://medium.com/@depepped44/we-lawyers-were-mistaken-online-privacy-is-a-property-matter-f6dc912ae327  In it, he persuasively makes the case for why property law should govern data rights, and the substantial benefits that would ensue.

According to Mr. DePeppe, data commodification is already underway and lawyers, estate planners, wealth advisors and other professional advisors should consider a data asset approach, particularly for athletes and celebrities.  Described in the article as Digital Identity Sovereignty™ – which is a method available to IR Global members, notably for privacy and sport law working groups – Mr. DePeppe offered one use case: 

Called ‘Image rights’ in the UK, or ‘Name, Image, Likeness’ in the US, athletes around the world want to control the use of the digital representations of their identity.  In the US, college athletes’ ability to monetize their digital identity was just thrown wide open this summer by the Supreme Court’s decision in the Alston case.  Controlling and protecting digital identity from online abuses is now paramount.” 

IR Global member, Brian Meegan of Evergent Law in Denver, Colorado, has partnered with eosedge Legal concerning privacy protections, amplified the Digital Identity Sovereignty™ value:  “Being able to assist clients with unique protections against online brand or identity counterfeiting is of tremendous value as online abuses just keep escalating.” 

In the article, Mr. DePeppe also points out how data is a “thing”, which is traditionally addressed under property law for harms to assets.  Moreover, protections from abuses include services to detect a variety of sophisticated cyberattack schemes, such as cybersquatting, advertising fraud, and other infringements.  Read the article to further glean how privacy law should be retired for redressing data-derived identity harms, in favor of a property infringement approach.

Contact eosedge Legal for more information concerning how the firm’s Digital Identity Sovereignty™  approach can help your client’s interests in data and asset protection.  IR Global also plans to introduce it to the privacy and sports law groups. 

Contributing Advisors