February 20, 2016

Do Farmers Need Legislation to Protect Their Ag Data?

February 20, 2016/ Todd Janzen

Federal legislation often arrives in areas where state laws are so inconsistent that citizens or industries demand uniformity. We have seen this over and over in the history of the United States. For example, we are seeing inconsistent GMO labeling laws prompt a push for a national GMO labeling standard (Safe and Accurate Food Labeling Act). GMO proponents would not normally want mandatory labeling, but a patchwork quilt state-regulatory system is much worse. Will the same issues arise with agricultural data?

January 30, 2016

How a 1940's Chicken Farmer Case Answered: Who Owns the Sky?

January 30, 2016/ Todd Janzen

Who owns the air above your farm? Although UAVs have caused many people to ask this question recently, the United States Supreme Court addressed this issue way back in 1946. This post tells the story of chicken farmer that sued the US government because military aircraft were "trespassing" on the airspace above his property.

January 15, 2016

What Makes Ag Data "Ownership" Unique

January 15, 2016/ Todd Janzen

The concept of ag data “ownership” is not recognized by United States law. Farmers like to say “I own my ag data.” Ag technology companies like to say “the farmer owns their data.” And the industry representatives like to say “the farmer should own their data.” But the reality is that “ownership” is a legal principle that must be recognized by courts or a law, and that has not happened yet in the United States.