Portability, not Doctrine, is Key to Unlock User Agency for Data

Data is of central importance for users of digital services, and for many years has been the subject of significant attention in the realm of public policy. In the context of the historical common law doctrine of essential facilities, little wonder that many scholars have looked at data. But this is a poor choice of path. Digital data is both created and used within specific contexts, and its value derives from its use within contexts. Looking at personal data through the blunt lens of the essen