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10/x Of course, data is different from other assets. It’s not as obviously ascertainable; its value comes from inferences and discoveries derived from the data; duties of care around data management are underdefined. #datatrusts
11/x I argue that #datatrusts trusts may not be a good fit for regulating users' relationships with a platform. Data can be freely replicated, and a "user trust" may not be able to prevent users from cutting side deals, undermining the negotiating leverage of the trust.
12/x In modern trusts, (especially in NA), the trust document plays a dominant role in setting the terms of the trust. It can override defaults in trust law. This means that a commercial trust arguably prioritizes a settlor's intent over beneficiary interests. #datatrusts
13/x In a city, for instance, two #datatrusts datatrusts could represent diametrically opposite policy proposals. SidewalkLabs's early proposal is a good example of a data trust being drafted to benefit Sidewalk, rather than restrain them.
14/x Sidewalk’s proposed #datatrusts (which may not be a trust) handcuffs a trustee from putting restrictions on data access, and prevents them from capturing the value of inferences and discoveries made from the data. Sidewalk is best positioned to benefit.
14/x Trusts are a legal tool. It's unfortunate that the name trust has been used to describe arrangements that aren't trusts—it creates unnecessary confusion. But the use of legal tools can help build better norms, in this case around data management. #datatrusts
15/x @thesgconline ‘s use of trusts for reagents, for instance, was aimed at changing norms in science research rather than being a vehicle for legal enforcement. And that's the bigger aim here—building better norms around data management and use. #datatrusts
16/x Managing personal data is part of that, but organizations also have difficulty managing data, especially as they continue to digitize unevenly. Trusts can provide a foundation for professionalizing data management on behalf of data holders. #datatrusts
17/x There's still much to be built (dispute infrastructure, for instance), but well-written data trusts can be one useful tool among many. #datatrusts
18/x And one more thing: @seanmmcdonald and I help organizations design and implement data governance. #datatrusts are a tool in our toolkit, but not the only one. If you’d like to collaborate, find us at http://digitalpublic.io . And watch this space for more from us soon.
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