Document Type

Blog Post

Publication Date

3-1-2026

Abstract

During the Second Industrial Revolution, the source of goods became more important than ever as railroads expediated travel and access to goods across the United States. Today, the United States is in the midst of its third industrial revolution, a digital revolution fueled by silicon and microchips. This digital revolution is unlike the previous two industrial revolutions because biometrics have become commodities. The technologies and goods coming out of the digital revolution are multifaceted. First, they provide a physical good through appliances that allow for communication and shopping, among other things, across geographic borders. Second, they function as a service by hosting the platforms that allow us to communicate and shop. Thirdly, they collect users’ information from direct identifiers to biometric data. Accordingly, as faces become commercially valuable symbols, the right of publicity alone is insufficient. A property-based intellectual property (IP) framework would rebalance power by enabling individuals to control, license, and exclude others from commercial uses of their biometric data.

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