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 (Part I), proposes a federal quasi-IP framework with proprietary and moral rights and fair use safeguards (Part II), and considers implementation challenges such as federalism, industry resistance, as well as security and privacy tensions (Part III). Recognizing biometric identifiers as quasi-IP would close current legal gaps, provide uniform national protection of biometric data, and reaffirm identity control as a core aspect of autonomy and dignity.