Essay by Frank Pasquale: “…A licensure regime for data and the AI it powers would enable citizens to democratically shape data’s scope and proper use, rather than resigning ourselves to being increasingly influenced and shaped by forces beyond our control.To ground the case for more ex ante regulation, Part I describes the expanding scope of data collection, analysis, and use, and the threats that that scope poses to data subjects. Part II critiques consent-based models of data protection, while Part III examines the substantive foundation of licensure models. Part IV addresses a key challenge to my approach: the free expression concerns raised by the licensure of large-scale personal data collection, analysis, and use. Part V concludes with reflections on the opportunities created by data licensure frameworks and potential limitations upon them….(More)”.
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