Reclaiming Identity: A Quasi-Intellectual Property Framework For Biometric Data
Emma Pulkowski Abstract: Biometric identifiers including faces, voices, and behavioral traits are increasingly embedded in modern identification systems, yet the laws regulating them remain fragmented. Privacy statutes primarily address consent, right of publicity laws only protect commercial uses of likeness, and intellectual property (IP) law does not recognize such human identifiers – leaving individuals with limited recourse when their identities are misused or appropriated. This Article argues that biometric identifiers should be treated as quasi-IP, granting individuals personal ownership and control while preserving legitimate expressive and institutional uses. This Article outlines the shortcomings of existing privacy, publicity, and IP doctrines...