The Law Commission's 'data objects': digital assets as a new property class
Those who have forgotten to choose a thriller for their summer holiday reading can breathe a sigh of relief; the Law Commission has come to the rescue by publishing its 549-page consultation paper on the future of digital assets. Spoiler alert: the Law Commission suggests that, while English law has demonstrated a degree of flexibility in accommodating the use (and regulating the misuse) of digital assets, now is the time to develop a coherent legal framework capable of dealing with all manner of digital assets, instead of relying on the iterative development of the common law. Such a framework would entail new legal fictions, and while the Law Commission’s proposals do not amount to an overhaul of English property law, they would, if implemented, result in fundamental changes.