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Personal Data Ownership Act

As society rapidly advances into the digital era, the concept of personal property is evolving beyond physical assets to encompass the vast amounts of data generated by individuals. In an age where browsing history, clicks, location data, and shopping habits are meticulously collected by corporations, the need to reassess personal property rights in relation to data is more pressing than ever.

The Modern Dilemma: Data as Personal Property

Traditionally, personal property rights have been well-defined, encompassing physical goods and real estate. However, the rise of digital technology has introduced a new dimension of personal assets: data. Every interaction online—whether it’s a search query, a social media post, or a purchase—generates data that companies eagerly collect and analyze. This data is valuable, often forming the basis for highly profitable business models.

Yet, despite its intrinsic value, individuals typically have little control over their own data. Companies accumulate vast quantities of personal information, using it to target advertisements, influence purchasing decisions, and even make critical business decisions. This imbalance raises a fundamental question: Shouldn’t individuals have ownership over their own data?

The Right to Control and Profit

The argument for data ownership is grounded in the principles of personal autonomy and property rights. Individuals should have the absolute right to review, edit, or delete any information that corporations collect about them. This control ensures that personal data remains accurate and secure, reducing the risk of misuse or exploitation.

Furthermore, individuals should have the right to profit from the sale or transfer of their data. Just as one can sell a physical asset, personal data should be treated as a commodity that individuals can monetize if they choose. This shift would not only empower individuals but also foster a more equitable digital economy where the benefits of data collection are shared.

Proposed Legislative Framework

To address these concerns, a comprehensive legislative framework is needed to safeguard data ownership rights. The proposed “Personal Data Ownership Act” aims to establish clear guidelines for data control:

Title: Personal Data Ownership Act

Section 1: Short Title and Alternate Title

  1. Short Title: This Act shall be known as the “Personal Data Ownership Act.”
  2. Alternate Title: This Act may also be referred to as the “I Own Me” Act.

Section 2: Purpose The purpose of this act is to return ownership of data collected about a person to the person who’s data is being collected.

Section 3: Definitions

  1. Personal Data: Any information relating to an identified or identifiable natural person, including but not limited to biometrics, physical location history, internet browsing history, shopping history, Personally Identifiable Information (P.I.I.) as defined in other statutes, associations with other persons, video and audio recordings, and other biometric and DNA information. Collecting data from a device, that can be associated to a data subject, is the same as collecting data from a person (ie: personal data).
  2. Data Collector: Any entity, public or private, that collects, processes, or stores Personal Data.
  3. Data Subject: An individual whose Personal Data is collected, processed, or stored by a Data Collector.
  4. Electronic Device: Any electronic device that can be used for the collection of data on an individual, including but not limited to computers, smartphones, tablets, wearables, and IoT (Internet of Things) devices.

Section 4: Personal Data Ownership

  1. Ownership Rights: Every individual shall have personal ownership of all Personal Data collected about them, regardless of the nature of their relationship with the Data Collector. Ownership rights include:
    • History of location.
    • History of search activity.
    • History of clicks, actions, motions, or scrolls, or any other device measurements.
    • Personally Identifiable Information (P.I.I.) as defined in other statutes.
    • Video and audio recording information.
    • Other biometric and DNA information.
  2. Control Rights: Data Subjects shall have the authority to review, edit, or remove their Personal Data, in whole or in part, at any time.

Section 5: Right to Review and Edit

  1. Access to Data: Data Collectors must provide Data Subjects with access to all Personal Data collected about them upon request.
  2. Correction of Data: Data Subjects shall have the right to demand correction of inaccurate or incomplete Personal Data.
  3. Deletion of Data: Data Subjects shall have the right to demand the deletion of their Personal Data, in whole or in part, except as provided in Section 6.
  4. Non-Retaliation: A Data Collector, or a company that contracts with a Data Collector, may not cancel a person’s membership or ability to use a service due to a person requesting that their information be removed.

Section 6: Data Collection and Usage

  1. Transparency: Data Collectors must inform Data Subjects about the collection and use of their Personal Data, including the purposes for which it is collected.
  2. Consent: Data Collectors must obtain explicit consent from Data Subjects before collecting or processing their Personal Data.
  3. Parental Consent: No data may be obtained about a person under the age of 13 without parental consent.

Section 7: Exceptions

  1. Device Data Collection: This act does not apply to a device that does not store Personal Data for more than 24 hours or transmit that information to another device for storage.
  2. Governmental Data: This Act does not apply to Personal Data collected, processed, or stored by government entities for official purposes.
  3. Medical Data: This Act does not apply to Personal Data collected, processed, or stored by medical entities for the purposes of diagnosis, treatment, or healthcare management. This Act does not apply to individuals who are under the medical supervision of another.
  4. Employment Data: This Act does not apply to Personal Data collected, processed, or stored by employers for employment-related purposes.
  5. Law Enforcement Data: This Act does not apply to Personal Data collected, processed, or stored by law enforcement agencies for the purposes of criminal investigation, incarceration, public safety, or national security.
  6. Security of Persons or Property: This Act does not apply to surveillance (video and/or audio) of a person or property conducted to protect against theft, vandalism, or violence.
  7. Public Spaces: This Act does not restrict the constitutional right to record (video or audio) individuals in public places where there is no expectation of privacy, as long as such recording complies with applicable laws regarding privacy and consent.
  8. Journalistic Exemption: Journalists and media organizations shall be permitted to gather Personal Data on individuals for newsworthy stories that serve the public good, provided that such data collection is conducted in accordance with applicable laws and ethical standards for journalism.
  9. Personal and Family Data: This Act does not apply to individuals who collect and store data or documents solely for themselves or their immediate family.
  10. Ancestral Information: This Act does not apply to the retention of information related to ancestral or genealogical research.

Section 8: Enforcement and Penalties

  1. Enforcement Authority: The designated regulatory authority shall have the power to enforce the provisions of this Act.
  2. Penalties for Non-Compliance: Data Collectors found in violation of this Act shall be subject to penalties, including fines and corrective actions as determined by the regulatory authority. An individual may also sue the Data Collector in Civil Court. A plaintiff shall not be required to prove monetary damages to bring a case or have that case adjudicated.
  3. Class A Misdemeanor: It shall be a Class A Misdemeanor for any person to collect or store data on an individual without their knowledge.
  4. Corporate Responsibility: When the offender is a corporation, the highest officer of that corporation shall be held responsible for the actions of the corporation and subject to penalties as specified for individual offenders.
  5. Defense Against Prosecution:
    • It shall be a defense against prosecution if a Data Subject has signed an authorization for the collection of data, provided the data to be collected is plainly spelled out as to what is specifically collected.
    • It shall also be a defense against prosecution if the information collected is public knowledge or readily available from public sources.

Section 9: Transfer or Selling of Data

  1. Authorization Required: Data Collectors must seek explicit authorization from the Data Subject prior to transferring or selling their Personal Data to any third party.
  2. Disclosure of Terms: Data Collectors must disclose the terms of the sale or transfer, including the nature of the data being transferred and the parties involved, to the Data Subject.
  3. Right to Negotiate Compensation: The Data Subject shall have the right to negotiate compensation for the transfer or sale of their Personal Data.
  4. Retention of Rights: All other rights of the Data Subject, including the right to review, edit, or remove their Personal Data, shall be retained after the transfer or sale.

Section 10: Effective Date This Act shall take effect six months after the date of enactment.

Section 11: Severability If any provision of this Act is found to be unconstitutional or invalid, the remaining provisions shall remain in effect.

Section 12: Review and Amendment This Act shall be reviewed every five years from the date of enactment and may be amended as necessary to address emerging privacy concerns and technological advancements.

As we navigate the complexities of the digital age, reimagining personal property rights to include data is essential. By granting individuals control over their own data and the right to profit from it, we can create a more equitable and transparent digital landscape. The proposed “Personal Data Ownership Act” serves as a crucial step in this direction, aiming to establish clear and enforceable rights for data subjects, ensuring that personal data is treated with the respect and value it deserves.

References

  1. Jurcys, P. (2019). Ownership of User-Held Data: Why Property Law is the Right Approach. Retrieved from Harvard Journal of Law & Technology.
  2. Ritter, J., & Mayer, A. (n.d.). Regulating Data as Property: A New Construct for Moving Forward. Retrieved from Duke Law & Technology Review.
  3. Global Perspectives on Digital Trade Governance. (2021). Data Ownership and Data Access Rights: Meaningful Tools for Promoting the European Digital Single Market? Retrieved from Cambridge University Press.
  4. Grimmelmann, J., & Mulligan, C. (n.d.). Data Property. Retrieved from American University Law Review.
  5. Käll, J. (2020). The Materiality of Data as Property. Retrieved from Harvard International Law Journal.
  6. Leonard, P. (2020). Beyond Data Privacy: Data “Ownership” and Regulation of Data-Driven Business. Retrieved from American Bar Association.

By considering the proposals and discussions in these resources, we can work towards a legal framework that ensures data ownership rights for all.

Michael Pipkins focuses on public integrity, governance, constitutional issues, and political developments affecting Texans. His investigative reporting covers public-record disputes, city-government controversies, campaign finance matters, and the use of public authority. Pipkins is a member of the Society of Professional Journalists (SPJ). As an SPJ member, Pipkins adheres to established principles of ethical reporting, including accuracy, fairness, source protection, and independent journalism.

Featured

Pritzker Signs HB 1312 — A Radical State Law That Clashes with Federal Authority and Endangers Federal Officers

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Cartoon Caricature of J.B. Pritzker

Illinois – On December 9, Governor J.B. Pritzker signed House Bill 1312 into law. It is a measure that dramatically expands state-level protections for illegal immigrants and curtails federal immigration enforcement inside Illinois. At its core, the law aims to sharply restrict federal immigration agents’ ability to conduct civil arrests at courthouses, hospitals, colleges, day-care centers, and other “sensitive locations”, and grants powerful new civil remedies against federal officers, namely ICE. Supporters call it a shield; critics see it as direct defiance of the Constitution and a reckless amplification of radical sanctuary policy.

From Courthouses to Child Care: What HB 1312 Actually Does


HB 1312’s provisions cover a broad range of public and private institutions: it prohibits civil immigration arrests within 1,000 feet of Illinois courthouses, when people are attending judicial proceedings; it compels hospitals, universities, and day-care centers to adopt new policies governing interactions with law enforcement; and it imposes restrictions on sharing immigration status information with federal agents, except as required by law. Most parts of the law take effect immediately, while others, like hospital policies, phase in through early 2026.

One of the most controversial components is the creation of an “Illinois Bivens Act,” which authorizes anyone in the state to bring civil lawsuits against law enforcement officers whom they believe violated their constitutional rights during immigration enforcement actions. Those suits could yield statutory damages up to $10,000 for someone falsely arrested while trying to attend a court proceeding, and increases the award if an officer is masked or lacks clear identification.

Hospitals will be required to implement detailed procedures for dealing with immigration agents, and information about a patient’s immigration status may be shielded under new privacy rules. Public universities, meanwhile, must adopt protocols for federal law enforcement access. Day-care operators are obligated to post “know your rights” language, develop action plans, and restrict documentation disclosure to immigration authorities.

Governor Pritzker and lawmakers painted the legislation as necessary to protect immigrant communities from aggressive federal action, particularly Operation Midway Blitz — a series of enhanced civil immigration enforcement operations that netted thousands of arrests in the Chicago area this year. “Dropping your kid off at day care, going to the doctor, or attending your classes should not be a life-altering task,” Pritzker said at the signing ceremony.

Federal Supremacy?

Even before the ink dried, senior federal officials publicly condemned HB 1312 as unconstitutional.

The Department of Homeland Security argued that the Constitution’s Supremacy Clause clearly establishes that federal law over state law on matters like immigration enforcement, and that no state can block federal officers from performing their duties. “By signing this law, Pritzker violated the Supremacy Clause… and his oath… to support the Constitution of the United States,” DHS spokesperson Tricia McLaughlin said in a statement.

Pritzker’s own critics within Illinois, including state Republicans, warned that the legislation invites costly legal challenges and potentially endangers federal agents by forcing them into operational conflicts with state law. Those concerns are rooted in basic constitutional principles: immigration enforcement is explicitly a federal responsibility, and when state statutes impede federal agents carrying out federal law, conflict is inevitable.

Federal Supremacy in Immigration Enforcement


The U.S. Constitution’s Supremacy Clause (Article VI, Clause 2) states that federal laws are “the supreme Law of the Land,” and judges in multiple cases have reaffirmed that states cannot independently obstruct federal enforcement decisions. The Supreme Court has long held that immigration enforcement and removal procedures fall squarely within the federal government’s authority. While states may set policies on local cooperation with federal agencies, they generally may not preclude federal officers from executing their duties or create statutory schemes that have that effect.

HB 1312, by design, limits where federal agents can make civil arrests and imposes penalties and procedures that conflict with federal enforcement objectives. This raises serious Supremacy Clause concerns and makes the prospect of a successful legal challenge likely. The law’s expansive civil liability provisions could be similarly vulnerable, as federal courts have repeatedly affirmed qualified immunity for federal officers performing their official duties. In past cases, federal immigration enforcement suits have been dismissed on grounds of sovereign immunity or preemption. (For example, in Arizona v. United States, 567 U.S. 387 (2012), the Supreme Court struck down Arizona provisions that intruded upon federal immigration enforcement authority.) HB 1312 appears poised to meet the same fate.

Radicalization or Reasoned Policy?


Supporters of HB 1312 frame the law as a compassionate response to what they call “cruel federal tactics.” Yet by embedding sanctuary-style protections in statewide policy, Illinois effectively escalates a growing nationwide trend of sanctuary jurisdictions that refuse to cooperate with federal immigration enforcement.

Moreover, empowering private citizens to sue federal officers, especially with monetary awards, could chill lawful federal enforcement and pressure agents to avoid even legally sanctioned actions out of fear of litigation. This dynamic, far from strengthening public safety, may inadvertently undermine cooperative relationships between federal and local authorities and endanger federal officers who pursue legal mandates under U.S. law.

Looking Ahead: The Fight Moves to the Courts


Republicans, constitutional scholars, and federal officials alike predict that HB 1312 will face swift judicial review, likely at the federal appellate level and, ultimately, before the Supreme Court. Given the clear constitutional principles at stake and the precedents that reinforce federal primacy in immigration matters, courts are positioned to strike down major portions of the law as unconstitutional.

In signing HB 1312, Governor Pritzker has elevated a partisan policy battle into a constitutional clash with potentially far-reaching consequences, not only for Illinois but for the balance of power between states and the federal government.

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Business

The Penny Is Dead — And Retailers Are Already Collecting the Round-Up

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Cartoon Image. Change of Plan

Analysis / Opinion – In a scene that echoes the comical greed of Richard Pryor’s character in Superman III, American retailers are quietly positioning themselves to benefit from the rounding of your change. Not by stealing half-cents into a secret bank account, but by tweaking prices so that, when the cash register closes, the rounding always favors them. With the penny officially retired, their little profits are set to add up fast.

Yes, the coin that has jingled in your couch cushions for generations is gone. On November 12, 2025, the United States Mint struck the final circulating penny, ending a 232-year run. The move, ordered by the Brandon Beach-led Treasury, was justified by rising production costs. It costs 3.69 cents to mint a one-cent coin that is worth only a cent, and has dwindling practical use.

That penny may be gone, but rounding rules remain. Pennies are still legal tender, but with no more being minted, their circulation will shrink. Many economists and officials expect cash transactions to be rounded to the nearest nickel when pennies disappear from everyday use.

For retailers, that isn’t a bug. It’s an opportunity.

How Pricing Will Tilt the Rounding to Retailers’ Favor

With pennies gone, the rounding of cash totals becomes inevitable. But the outcome, whether customers lose change or not, depends on how retailers price items. And with modern tools, they can tilt it heavily in their favor.

Using local tax rates (for example, a hypothetical 8.25 %) and simple rounding rules, pricing strategists, now aided by artificial intelligence, can adjust individual item prices down to the cent so that, after tax and rounding, the final cash-register total ends in .03 or .08 (or at worst .04 or .09). Under standard rounding to the nearest nickel, those endings give retailers a gain of one or two cents. Over thousands or millions of transactions, those cents become real money.

For instance:

  • A product at $1.92 before tax ends up as $2.08 total — rounding up to $2.10, giving the retailer 2 extra cents while the customer sees a lower sticker price.
  • A $9.96 item produces a post-tax total that rounds up, unlike $9.99, which might round down.
  • A clean $20 price tag may shift to $19.98 — a small tweak that creates a favorable rounding outcome.

Retailers who price each item carefully — rather than basing price on “market norms” like .99 or .95 — can systematically harvest these rounding gains. It’s the arithmetic equivalent of payroll for pennies, just like how Gus Gorman was shocked to discover his fortune in Superman III.

Who Gains — And Who Loses

This pricing strategy is most lucrative in contexts with frequent low-item cash purchases: convenience stores, gas stations, coffee shops, small retail outlets. In those environments, the rounding on each sale matters. Large grocery carts or mixed baskets tend to average out, though retailers still benefit overall from any skew.

Digital payments — credit cards, mobile wallets, and contactless transactions are unaffected. Totals still settle to the exact cent. So the benefit accrues only when the customer pays with cash. But given how many transactions in the U.S. still involve cash, especially among lower- and middle-income shoppers, the strategy still has broad potential.

Legally, there’s nothing wrong with the approach. The government stopped making pennies because it cost more to produce them than their face value. They left the rounding rules to states and businesses. Still, some retailers and industry groups worry about the fairness of the shift. As reported, many businesses were caught off guard when penny shipments abruptly stopped, with no central guidance on rounding policies.

That means even well-meaning merchants might adopt rounding-up strategies by default, simply because that’s what the pricing tools they buy suggest.

The Penny’s End — And the Subtle Rise of the Rounding Dividend

Yes, the penny is gone. Production stopped. The smallest unit of U.S. currency no longer emerges from Mint presses. The rounding rules may seem harmless, perhaps even trivial. But with the precision of modern pricing analytics and the institutional muscle of retail chains, that triviality becomes systematic.

What the consumer loses is too small to notice. A penny here, two cents there. But over time, it accumulates. Much like the fictional windfall of Gus Gorman, the rounding profits will build quietly until they become significant, collected not by thieves in a basement, but by retailers behind bright fluorescent lights and bar-code scanners.

The penny’s death may be an act of fiscal efficiency. But the rounding dividend is the beginning of a price-structure redesign that advantages those who control the register.

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Election

Crockett Jumps Into Texas Senate Race in Futile Attempt to Flip Texas

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Jasmine Crockett Runs for Senate

Jasmine Crockett did not ease her way into the 2026 U.S. Senate race. She crashed through the door. Filing paperwork just hours before the deadline, the Dallas congresswoman made her move at the last possible moment, detonating what is already shaping up to be the most expensive and ideologically charged Senate contest in Texas history.

Crockett, 44, officially entered the Democratic primary for Texas’s U.S. Senate seat on December 8, 2025. With that filing, Crockett confirmed she will not seek reelection to her House seat in Texas’s 30th Congressional District, a seat she has held since January 2023 (NBC DFW).

The timing was no accident. Crockett’s entry came against the backdrop of mid-decade redistricting by Texas Republicans earlier in 2025, a move that significantly reshaped her district and made it extremely unlikely for her to win the district she currently represents. A lower-court challenge to those maps was paused in late November when the U.S. Supreme Court declined to block them for the 2026 cycle, effectively locking in the new lines (Fox 4 News).

With her House seat suddenly impossible to recapture, Crockett opted for a higher-risk, higher-reward gamble: a Senate seat that Democrats have not won since 1993.

The Democratic primary is scheduled for March 3, 2026, with runoffs expected in late May if no candidate clears 50 percent. The general election will be held on November 3, 2026 (Newsweek).

Crockett enters a Democratic field that was already forming before her filing. State Sen. James Talarico announced his bid in October and has emphasized crossover appeal with independents and moderate Republicans. Polling from the University of Houston and Texas Southern University places Crockett narrowly ahead with about 31 percent support, followed by Talarico at roughly 25 percent (The Grio). Early polling has also tested familiar Democratic names, including former Rep. Beto O’Rourke and Rep. Joaquin Castro, though neither had filed as of December 8.

Notably absent now is former Rep. Colin Allred. Allred, who announced his own Senate bid in July 2025, withdrew from the race earlier on the morning of December 8, opting instead to run for a House seat near Dallas after redistricting altered his political calculus. Multiple reports indicate Allred and Crockett discussed the race before his exit, clearing a path for her entry (Independent).

Crockett’s political résumé is relatively short but loud. Born in St. Louis in 1981, she earned her law degree from the University of Houston Law Center and worked as a public defender before founding a civil rights law firm. She gained prominence handling Black Lives Matter related cases pro bono, a credential that endears her to the Democratic activist class (Wikipedia).

After winning a Texas House seat in a 2020 special election, Crockett jumped to Congress in 2022 with the endorsement of retiring Rep. Eddie Bernice Johnson. In Washington, she became a fixture on cable news and social media, particularly through clashes with Republicans during House Oversight Committee hearings. Several of those exchanges went viral in 2024, fueling her national fundraising operation and boosting her profile among progressive donors (Independent).

That media presence is a key reason analysts expect her candidacy to shatter Texas fundraising records. Observers across the political spectrum predict the race could eclipse the $80 million-plus spent during the 2018 Cruz–O’Rourke contest (Dallas Morning News).

On the Republican side, the race is already turbulent. Sen. John Cornyn, 73, is seeking a fifth term after holding the seat since 2002. However, Texas Attorney General Ken Paxton filed to challenge him in the GOP primary in October and currently leads Cornyn in several early polls. Rep. Wesley Hunt entered the race in November and trails both men in polling (NBC DFW).

Initial reactions to Crockett’s filing were swift and predictably polarized. Conservative accounts on X mocked her candidacy and framed her entry as a gift to Republicans. Progressive activists celebrated her energy and national reach. Gov. Greg Abbott declared she would be “pummeled” by the eventual GOP nominee, while Cornyn posted a cheeky “Run Jasmine, run!” (Newsweek).

For Democrats, Crockett represents a bet that Texas can be nationalized, energized, and finally flipped through sheer turnout and confrontation politics. For Republicans, she is precisely the kind of progressive foil they believe plays poorly with statewide Texas voters.

Why did Crockett run? Her allies point to polling, redistricting, and opportunity. Critics see ambition colliding with reality. Either way, her late-hour filing ensured one thing: Texas’s 2026 Senate race will be loud, costly, and unforgiving. And for conservatives watching the state remain stubbornly red statewide, Crockett’s entry looks less like a breakthrough and more like another test case in how far progressive politics can stretch before they snap in Texas.

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