Basic property concepts can solve persistent problems in the law governing the Internet. Concepts such as bailment can solve problems of access and third-party liability, while the concept of public accommodation licenses can solve access and authorization problems. Property solutions can also transcend national boundaries as property concepts appeal to universal, practical reason.
Property serves a comprehensive purpose in the law governing data and the Internet. Familiar property concepts play a role in cyber law because they facilitate legal reasoning. And lawyers and judges have a practical need when resolving conflicts about access to and use of information. They need to resolve those disputes according to law. This essay briefly discusses how property concepts help them meet that need.
MacLeod, Adam, Cyber Trespass and Property Concepts (July 9, 2021). 10 IP Theory 4 (2021), https://iptheory.indiana.edu/cyber-trespass-and-property-concepts/.