Session 1 of 3  ·  Internet Identity Workshop  ·  April 2026

From Principles to Law

The constitutional foundation, what Utah enacted, and a roadmap for other states

This session builds the complete constitutional case for the Fiduciary Commons framework. Facts are an unownable commons requiring fiduciary stewardship. Government was always a constitutional fiduciary toward citizens whose data it holds. The FIPPs gap, fifty years old, can be closed not by new obligations but by operationalizing ones that have existed since the framers wrote the Fourth Amendment. Utah’s SB 260 and SB 275, both passed unanimously, are the first statutory codification of government data fiduciary duties in American state law. The gaps that remain define the next legislative chapter, and the three-stage roadmap for other states is clear.

1
Facts cannot be owned. “Data ownership” is a category error: the container may be proprietary, but the facts inside it belong to no one. The Fiduciary Commons framework begins by correcting that error and building the commons logic that follows from it.
2
Government was always a fiduciary. The Fourth Amendment, the oath of office, and open government principles all reflect pre-existing fiduciary obligations. The framework does not impose new duties. It operationalizes duties that have always been there.
3
Utah proved the argument works politically. Unanimous passage in a conservative legislature, achieved by centering individual rights rather than regulatory compliance, is a replicable political model. Independent convergence with the Fiduciary Commons framework validates the underlying constitutional logic.
4
The enforcement gap is the critical remaining step. SB 275 creates rights without a private right of action. AG-only enforcement is a suggestion, not a mechanism. The private right of action is the single most important next legislative priority for Utah and for every state that follows.
PPTX
Session 1 Slide Deck  ·  18 slides
Complete presentation deck in Fiduciary Commons visual identity
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DOCX
Session 1 Refresher
Two-page leave-behind for attendees: four key ideas, closing ask, practitioner implications, key terms
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DOCX
VIDA Draft Legislation
The identity rights layer: selective disclosure, phone-home prohibition, fiduciary duties, open standards.
Download full draft (DOCX) →    View on Google Drive →
DOCX
PDTA Draft Legislation
The data governance layer: purpose limitation, fiduciary duties, audit trail rights, individual access and correction.
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DOCX
GAAFA Draft Legislation
The AI accountability layer: deployment assessments, public registries, explainability duties, inference prohibition.
Download full draft (DOCX) →    View on Google Drive →