U.S. Indigenous Data Sovereignty Network

US Federal and State Statutes Violating and/or Inhibiting Indigenous Data Sovereignty


Sierra Hicks
Leece Oliver LaRue

International Indigenous Data Sovereignty Standards (e.g., UNDRIP Article 31) have yet to be operationalized in the United States (US), resulting in violations of Indigenous Peoples’ data rights and interests. There are, however, statutes (E.g., Freedom of Information Act, California Public Records Act, etc.) enforcing publicization of Indigenous Peoples’ data in attempts towards colonial antifascism. Indigenous communities such as the Karuk Tribe have experienced firsthand outside lawyers citing US statutes to justify violations of Karuk Data Sovereignty.

The goals of this session are threefold:
(1) To raise awareness of Indigenous Peoples’ efforts to navigate US legal systems that act counterintuitively to fiduciary responsibilities, specifically referencing efforts the Karuk Tribe have made to understand that legal landscape.
(2) To engage all participants in roundtable dialogue about potential paths forward (E.g., advocating for reformed exemption standards) for Indigenous Peoples and Tribal Nations to work with or around US statutes.
(3) To consult with accomplices working within or adjacent to state and federal agencies who can shed light on opportunities to challenge and/or build upon legal precedents.

The session will begin with introductions, followed by a 20min presentation from Karuk Tribe representatives, emphasizing ties to Day 1 themes of Authority to Control and Ethics. The session will then proceed to a 25min roundtable conversation to gather participant perspectives on working with or around US statutes regarding data and/or intellectual property. Participants, anticipated to include those working with or as agency representatives, will then be paneled with questions synthesized from discussion.


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