Establish the legal concept of “digital personhood” so that rights afforded to people in the physical world are made applicable on digital platforms.
The right to privacy is a legal tradition found in many national and international laws. Establishing the concept of digital personhood would compel digital services to follow this convention for maintaining privacy in people’s online activities.
Duty of care is a common legal doctrine that requires reasonable care to be taken in activities that can cause harm. Application of this in digital services through digital personhood would ensure service providers took necessary measures by default to enforce this duty.
“Digital personhood” is not recognised universally, but we increasingly see hints of this as an approach: the OECD/G20 report “Key issues in Digitalisation” (PDF) raises the idea of a “digital impact assessment”, a concept that could be developed further to take into account the individual and collective impacts of digital.
Although treating consumers fairly should be an integral part of the good governance and corporate culture of all service providers, the digital aspects of this may not be taken seriously at a corporate level.