Protecting Digital Assets: Legal Protections Do ´´Not Equal Practical Security

This article examines how traditional legal protections fail to meet the needs of contemporary digital property owners. Strong legal property rights exist when an owner can substantiate actual and exclusive possession of, use of, and freedom to dispose of property. The intrinsic nature of digital assets undermines the strength of these traditional property rights. Furthermore, constitutional privacy protections are difficult to apply to digital assets due to the Internet´s public nature. The legal landscape is ever-changing, and it is likely that a functional legal paradigm will eventually emerge to ensure meaningful protection for digital assets. Until that day comes, however, users should take proactive steps to protect themselves.