ABSTRACT
In this paper, I advance a normative case for applying an in rem property right to digital assets. This right would (1) grant the owner an exclusive right of factual control over the asset; (2) impose on all others a duty of non-interference; and (3) grant the owner a remedy for return or damages in cases of interference. It is based on an understanding of property as liberty, that is: as providing a protected sphere within which the individual can express themselves freely, without outside interference. This rationale applies equally to both physical and digital assets, although property law will likely need to develop new rules tailored to virtual environments.
Michels, Johan David, Res Digitalis: A Normative Case for an In Rem Property Right to Digital Assets (May 1, 2025).
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