Ambitious international data-sharing initiatives have existed for years in fields such as genomics, earth science, and astronomy. But to realize the promise of large-scale sharing of scientific data, intellectual property (IP), data privacy, national security, and other legal and policy obstacles must be overcome. While these issues have attracted significant attention in the corporate world, they have been less appreciated in academic and governmental settings, where solving issues of legal interoperability among data pools in different jurisdictions has taken a back seat to addressing technical challenges. Yet failing to account for legal and policy issues at the outset of a large transborder data-sharing project can lead to undue resource expenditures and data-sharing structures that may offer fewer benefits than hoped. We propose a framework to help planners create data-sharing arrangements with a focus on critical early-stage design decisions including options for legal interoperability.
Jorge L. Contreras & Jerome H. Reichman, Sharing by Design: Data and Decentralized Commons--Overcoming Legal and Policy Obstacles, 350 Science 1312 (Issue 6266, December 11, 2015)
Library of Congress Subject Headings
Intellectual property, Transborder data flow--Law and legislation, Information commons, Information networks—Law and legislation
Available at: https://scholarship.law.duke.edu/faculty_scholarship/3615