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§2.5: use a different term than "fiduciary" or drop it #36

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hober opened this issue Aug 18, 2021 · 3 comments · Fixed by #55
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§2.5: use a different term than "fiduciary" or drop it #36

hober opened this issue Aug 18, 2021 · 3 comments · Fixed by #55
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@hober
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hober commented Aug 18, 2021

"Fiduciary" has very particular legal meanings and implications which vary from jurisdiction to jurisdiction. Perhaps there's an alternative word we could use that isn't loaded in the same way? Or maybe the word can simply be dropped. We could talk about the duties of user agents without saying they're specifically fiduciary duties.

@hober hober mentioned this issue Aug 18, 2021
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@sandandsnow
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If a term is needed, perhaps something like "data stewardship"

@darobin
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darobin commented Sep 21, 2021

I've been thinking about this, but the issue is that "fiduciary" is the term of art in much of the literature (Hartzog, Richards, Barrett, Khan…). Moving away from that cuts us from that source.

@torgo torgo added the agenda+ Add to the next call's agenda. label Sep 22, 2021
@darobin
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darobin commented Sep 29, 2021

RESOLUTION: find a way of say this with simple words that don't bring in legal complex (but should still reference term of art). Not "stewardship" either.

@darobin darobin self-assigned this Sep 29, 2021
@hober hober removed the agenda+ Add to the next call's agenda. label Oct 6, 2021
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4 participants