Crowd Pleaser: The Remaking of Property Rights in Digital Spaces

Abstract

This article explores the remaking of classical liberal rights in digital spaces, with a focus on property rights in artificial intelligence (AI) crowds. The rise of crowds in digital and technological spaces has created new opportunities for users, but their accumulated contributions create added value for the platforms and manufacturers that manage the crowd, leading to a curtailment of individual autonomy. The article identifies two parallel processes that characterize individuals’ involvement in digital crowds: manufacturers construct the property rights of individual users as crowd-based rights, while also working to de-crowd users in other contexts. The article compares crowd-based rights to potential group rights and individual rights in non-digital spheres, exposing the weakness of manufacturer-constituted crowd-based rights. The article concludes by discussing possible legal conceptions of the crowd and its governance.