Courts and legislatures have attempted to balance the various stakeholders’ interests in voice data through the legal frameworks of contracts, property, secured transactions, and statutes. This comment explores some of these conflicting interests and identifies the weaknesses in the predominant legal frameworks through which the chain of ownership is currently analyzed. This comment then proposes different ways of applying existing legal principles, as well as new federal legislation, to better align and distribute these interests. This comment concludes that property law’s legal framework is better-suited to address personal data ownership than contract law alone, since it allows shared ownership with multiple concurrent users of the same asset. Adjusting the process by which security interests in voice-captured data are created and enforced may also help protect the data’s integrity while minimizing unintended transfers that may harm consumers. Ultimately, statutory relief may be necessary to protect and restore certain rights to consumers in their own personal voice data.
Anne Logsdon Smith,
Alexa, Who Owns My Pillow Talk? Contracting, Collaterizing, and Monetizing Consumer Privacy Through Voice-Captured Personal Data,
Cath. U. J. L. & Tech
Available at: https://scholarship.law.edu/jlt/vol27/iss1/8
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