Protecting Consumers from "Subscription Creep"

Liberty
1

Digital Property Rights and Consumer Sovereignty Act

Core Principles

  1. Digital Property Rights Equal Physical Property Rights
  2. Absolute Consumer Sovereignty
  3. Free Market Solutions
  4. Innovation Through Competition
  5. Minimal Government Footprint

Foundational Purpose

To establish and protect fundamental property rights in the digital realm by explicitly recognizing digital purchases as property, with all associated rights and protections traditionally afforded to physical property, while maintaining free market principles and minimal government intervention.

Key Provisions

I. Fundamental Digital Property Rights

  1. Complete Ownership Recognition

    • Digital purchases constitute actual property with full ownership rights
    • Unrestricted consumer control over purchased hardware and software
    • Prohibition on post-purchase restrictions or degradation
    • Full rights to use, repair, modify, and resell purchased products
    • Protection against retroactive feature removal or degradation

  2. Comprehensive Right to Repair

    • Absolute right to repair and modify owned devices
    • Prohibition on repair-preventing software locks
    • Mandatory availability of repair documentation and parts
    • Protection of independent repair markets
    • Ban on anti-repair design practices
    • Support for third-party parts and repairs
    • Right to modify software and firmware

II. Data Property Rights

  1. Absolute Data Ownership

    • Personal data recognized as private property
    • Strict prohibition on blanket data collection
    • Individual consent required for each data use
    • Full control over data deletion and transfer
    • Explicit ban on coerced data collection
    • Right to restrict or revoke data access
    • Protection against data ransom practices

  2. Comprehensive Data Control

    • Itemized disclosure of all data usage
    • Mandatory opt-out for each data type
    • Real-time data collection notifications
    • Right to audit collected information
    • Ban on hidden data collection
    • Control over data sharing and resale
    • Right to data portability

III. Market Freedom and Consumer Choice

  1. Complete Hardware Independence

    • Full functionality without cloud requirements
    • Mandatory local storage options
    • Ban on forced subscriptions
    • Clear subscription disclosures
    • Protection against feature downgrading
    • Right to offline functionality
    • Interoperability requirements

  2. Market Competition Protection

    • Ban on anti-competitive bundling
    • Mandatory device interoperability
    • Protection of third-party services
    • Support for open standards
    • Prevention of monopolistic control
    • Right to alternative service providers
    • Protection of market diversity

IV. Innovation and Competition Protection

  1. Comprehensive Innovation Support

    • Extended regulatory sandbox for startups
    • Flexible compliance for small businesses
    • Protection of emerging technologies
    • Support for new business models
    • R&D exemptions
    • Innovation incentives
    • Reduced barriers to entry

  2. Market-Driven Standards

    • Industry-led standardization
    • Support for open protocols
    • Protection of proprietary innovation
    • Balanced interoperability requirements
    • Market-based solution preference
    • Competition-driven improvements
    • Consumer choice protection

V. Market-Based Enforcement

  1. Primary Market Enforcement

    • Consumer-driven compliance mechanisms
    • Private right of action
    • Market pressure as enforcement tool
    • Industry self-regulation
    • Minimal government oversight
    • Consumer class action rights
    • Market-based penalties

  2. Limited FTC Role

    • Restricted oversight mandate
    • Focus on major violations
    • Competition preservation only
    • Minimal regulatory burden
    • Clear compliance guidelines
    • Market-based resolution preference
    • Last-resort intervention

Implementation Strategy

  1. Market-Sensitive Timeline

    • 180-day initial adaptation period
    • 12-month product transition
    • 24-month small business compliance
    • Regular market impact reviews
    • Flexible implementation based on market conditions
    • Industry-led transition support
    • Minimal disruption focus

  2. Economic Impact Considerations

    • Market competition enhancement
    • Innovation protection
    • Reduced compliance costs
    • Business flexibility preservation
    • Economic growth focus
    • Small business protection
    • Startup growth support

Market Benefits

  • Strengthened property rights in digital realm
  • Enhanced consumer sovereignty
  • Increased market competition
  • Reduced regulatory burden
  • Protected innovation environment
  • Thriving repair market
  • Competitive service ecosystem

This Act establishes a comprehensive framework that recognizes and protects digital property rights while fostering market freedom and innovation. It emphasizes absolute consumer sovereignty and property rights while minimizing government intervention, ensuring a vibrant, competitive digital marketplace driven by consumer choice and market forces.

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