A policy framework · 2025–2026

Your data was
never only
yours.

Every disclosure you make is also a disclosure about your household, your community, and everyone who resembles you. A right you exercise alone cannot protect a thing you produce together.

This framework proposes a Right of Digital Association — held by individuals, exercisable only in concert — and the chartered bodies that would carry it: Data Rights Associations.

Fig. 1 — Data is co-producedPunch a cell

0disclosed0revealed

  • Disclosed — what you handed over
  • Inferred — the rest of your record, deduced
  • Household — the people you live and move with
  • People like you — matched on shared traits

The argument

  1. Data is co-produced.

    When someone sends a DNA sample, they reveal their siblings. When they photograph a birthday, they capture everyone at the table. Aggregated, a single person’s record is valuable precisely because it predicts people who never consented to anything.

    Part I — Whose Data? Whose Future?
  2. So individual rights cannot fix it.

    Consent given one click at a time, hundreds of times a day, against interfaces built to extract it, is not leverage. One person’s data commands almost no bargaining power — and signing it away quietly prices the same terms for everyone connected to them.

    Part II — A Paradigm Shift in Tech Governance
  3. Nor can regulation alone.

    A statute written from ten thousand feet must pick one answer for everybody. What one community considers a fair trade for a free service, another finds a violation of conscience. Top-down rules cannot let them settle it differently.

    Part II — Why top-down regimes fall short
  4. Communities can bargain. Let them.

    Give people a right they exercise together, through associations that answer to members — a church, a union, a profession, a neighbourhood — and the terms stop being dictated and start being negotiated.

    How a Data Rights Association works

What a DRA is empowered to hold

Three interests, bargained as a bloc

i

Privacy

A community should have real and effective mechanisms to prevent or limit information collection and use, and to safeguard community information against commercial surveillance or public leaks.

ii

Control

A community should have a meaningful say over how its information is used downstream, including whether it is used to build systems contrary to the community’s interests and values.

iii

Fair value

A community must share fairly in the downstream economic value that its data disclosures help create — often an ongoing stake rather than a one-time payment.

Because these rights are associational, a term of service cannot waive them. See what the statute would do →

This has been done before

American law already knows this move

Three times, Congress found a bargaining asymmetry that individual rights could not cure, and answered it by letting people act as one. Each was controversial. Each is now ordinary.

  1. 1897Performing rightsCongress created performance rights that individual artists could not defend alone. Collective rights organizations became the mechanism.
  2. 1922Farm cooperativesThe Capper-Volstead Act let farmers bargain with grain buyers as a bloc rather than one harvest at a time.
  3. 1935Collective bargainingA right held by individuals, exercisable only in concert — and not signable away in any single employment contract.
  4. nextAssociational data rightsData Rights Associations, chartered and member-governed, bargaining the terms on which the digital economy may collect and use what their members co-produce.