'There appears to be widespread treatment of information as property, somewhat buried by statute laws’ mimicry of property, which confounds and obscures direct court findings that information is, in fact, common-law property.' -Jim Harper
to comprehensiveness or recognition of trade-offs). The Uniform Trade Secrets Act, for example, is a widely adopted state statute that protects holders of trade secret information in which property rights probably would have done so.
To see treatment of information as property, one has to do a different kind of legal research than searching for the case holding that information is property. It might be analogized to prospecting or geology. Think of the phrase “stolen information” as a core sample obtained from the Earth’s crust that reveals subterranean treatment of information as property. Theft is a property crime, so when a court refers to “stolen information,” it is treating the information as property.
The types of information described as stolen have evolved over time. The earliest instances were trade secrets. Then you begin to see information wrongly acquired for purposes of insider trading. As early as the 1990s, but more commonly in the 2000s and increasingly to the present day, the information stolen is identity and account information useful in financial frauds.
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