The widespread theft and counterfeiting of Name-Image-Likeness assets of athletes must be stopped, while enhancing their ability to monetize their digital identity and personal brand through tokens.
A DApp to establish ownership of NIL assets by linking NFTs with DIDs to: (1) provide verifiable rights transfer of authentic NIL assets, and (2) enable legal enforcement of rights.
This is the total amount allocated to There's no We without Me.
Prologue
We choose sport as the sector to introduce a disruptive, society-changing proposition and solution: Ownership over Digital Identity, and all its derivatives and manifestations. We aim to enable the world to reclaim data rights through principles of property ownership, which are well-established in law and enforceable.
Why sport? If celebrity athletes or a sport icon extolled the importance and benefits of owning all their data, particularly all vestiges of their NIL artifacts, much of the world would pay attention and adopt the approach. Moreover, the current college sport environment is calling for a better approach to the nascent college NIL market.
Vision
Universal digital identity is a game changer. A sports-related use case for a digital identity protection solution is a highly attractive opportunity because image rights/NIL are essential to the athlete, club, broadcasters, fans, league, and advertisers. Our solution will deliver a first-ever mechanism to establish digital identity, protect against abuses, and enable monetization through an immutable tracking architecture to facilitate ease of legal enforcement. More than a new technical and architectural innovation enabled by Blockchain technology, smart contracts will be used to marry legal provisions derived from privacy, property, human rights and identity law to empower the individual (and business entity) to own one’s data (i.e., “smart clauses” for smart contracts).
The particulars: Decentralized Identifiers (DIDs) put data owners in charge of their data, and offer improved capabilities to create, store and monitor NFTs and other NIL assets, and strengthen enforcement of legal actions for the asset holder. However, coupling two distinct business and technological challenges into one solution - NIL and NFT - still carries risks and obstacles. While NFTs give assurance of ownership in the sense of a verifiable “deed” or “certificate of ownership”, at least three uncertainties exist around legal enforcement: (1) the NFT alone does not define the asset’s authenticity other than the ability to trace the NFT to an anonymous address on a blockchain and to explanatory metadata located elsewhere; and (2) the ‘pointer’ to the data, by itself, may not establish contractual rights that are enforceable simply through technological association between the NFT and the object; and (3) counterfeiting will continue to proliferate and engender distrust of the NFT marketplace until trusted authenticity is delivered.
The planned approach overcomes these challenges by (a) developing smart contracts that incorporate digital-identity-smart-clauses; (a) designing smart contracts and a “DID Method” to link an NFT with a DID for each asset, implemented on Cardano; (b) designing the integration of professional and data-tracking services to enable monitoring and enforcement; and (c) designing data trust instruments to enable advisors to coach users about savvy business use cases for the technological solution.
A further mention of smart clauses for context: the notion of owning one’s digital identity is a legal concept that generally only resonates when a petitioner goes to court and asserts certain rights. See, e.g., Lanier v. President & Fellows of Harvard College, Mass. Sup. Jud. Ct., Case Number: 1:2019cv10978, June 27, 2022 (claimant awarded certain rights to pursue redress for the publication of daguerreotypes of her descendants while depicted as slaves in 1850). Like the petitioner in Lanier, one must usually claim one’s rights through legal proceedings. Whereas, staking a claim to certain ownership rights, with the full embodiment of those claims specified in smart clauses, sets out one’s claims for all time. Thereafter, the smart contract, embedded into a token, enables efficient enforcement by the very nature of the distributed ledger and smart contracts.
The solution consists of:
The general architectural approach is shown in Exhibit 1.
Creating a digital identity solution in the manner proposed, along with smart contracts, smart clauses, and enforcement governance, creates a technological mechanism heretofore nonexistent while incorporating established principles in the law around privacy and identity. The Dapps will address the identity ownership challenge by providing a Decentralized Identifier (DID) to each NIL asset (the Subject of the DID), with validation through the owner of the NIL (i.e., the individual athlete) who would serve as the Controller of the DID, and Verifiable Credentials tied from a sponsoring organization (e.g, university, league, team, etc.), and/or other potential credentialing entities. The NFT itself will also be part of the DID Document.
This combination of NFT and DID ensures the identity and authenticity of the NIL, and asserts property and contract or license rights that are recognized in law. In this manner, the proposed solution would fashion a technological architecture to legally enforce the coupling of code with transactional and tracking mechanisms. The DID-based technical solution creates an architecture for protecting digital identity and enhancing monetization opportunities.
The Distributed Ledger provides the system for tracking; however, design of savvy NIL products and ensuring their resilience from counterfeiting is a necessary component to an effective data rights system. Accordingly, the incorporation of smart clauses embedded in tailored smart contracts, monitoring and enforcement services, and data trust instruments and advisors will further enable adoption, as well as helping users appropriately navigate the complex and shifting area of NIL promotion, privacy protection, and anti-counterfeit strategies.
Functionality
A smartphone app will put athletes in control of their NIL assets (and other digital assets) in ways that are currently unavailable. It will provide the interface with the DApp and will perform the following functions:
Note that this Proposal is for establishing the legal and technical framework and a proof-of-concept. A follow-up Proposal in a subsequent Fund will be submitted for building the smartphone DApp discussed above.
Value Proposition
The solution has the potential to revolutionize data rights management and protection, as well as generate new revenue streams such as in the sports memorabilia market by linking the NIL to a proof that it was authorized by the subject person, and it allows the subject person to establish the claim that the NIL is property from a legal standpoint.
Design Characteristics
The project and DApp solution and associated infrastructure and services will have the following features:
Exhibit 2: Potential Future Applications
Creating a DID Method to
For multiple Token types.
Related work has been done previously by teams in other blockchain ecosystems. To cite just one example, an experimental DID Method has been published that converts an NFT into a DID where the owner of the NFT is the controller of the DID (see DID:nft at https://www.w3.org/TR/did-spec-registries/ ) Our solution, though different and for a different use case (DIDs in our solution are assigned to the NIL assets themselves, not to NFTs), can build on the output of this and other similar projects.
Design Characteristics of Enforcement
The project team envisions the creation of a professional network of cyber intelligence analysts, legal advisors, sports agents, and other professional advisors to perform the services of anti-counterfeit monitoring, compliant and savvy NIL/NFT design, misuse detection and evidence collection, and enforcement actions. Compliance and enforcement will be aided by:
The Design of the Project
The project will be executed in four clearly-defined phases as described below.
Defining and deploying a standardized W3C-compliant DID Method to manage NIL assets using Cardano will:
The proposed solution solves a real-world problem that will grow dramatically in future years, most noticeably in college sports. After the Supreme Court decision in NCAA v. Alston in June 2021, the NCAA revised its rules to allow student athletes to monetize their sports success and celebrity in a number of ways, such as through NFT sales and auctions, endorsements, and branded memorabilia. However, the athletes and their fans are poorly served by current Ethereum-based NFT solutions. Theft, counterfeiting, and fraud are common, and there is a lack of good solutions on Ethereum. This is a “greenfield” opportunity for Cardano – create a better sports NIL experience on Cardano and move the market here.
Not all the needed tooling is in place on Cardano (e.g., NFT integration, Verifiable Data Registry), but it is within reach. A new capability deployed on Cardano can restart the sports NIL market on a sound footing, and it has huge growth potential. Estimates are that the sports NIL market is about $500 million today, with a mature size of some $1 billion. (Source: https://time.com/6094842/college-sports-nil-operndorse/)
The primary risks are:
(1) insufficient developer resources for the Plutus DApp and the smartphone app;
(2) failure to establish an early position in the market resulting in competitors capturing market share;
(3) lack of adoption by users.
The project team has begun networking with the Cardano community and seeks to involve more experienced Cardano developers and other evangelists if awarded.
To accomplish our goals the Project will be broken into four phases as shown below:
Each Phase is described below:
Phase 1. Scoping and problem definition. This phase will include:
Phase 2. Design and Build-out Collective Rights Management Framework
Phase 3. Proof of concept/prototype/pilot development. This phase will include:
Phase 4. Conduct user acceptance tests (LEAN methodology). This phase will include:
Start and end dates and Task/Subtask durations are given below.
A GANTT Chart is given below:
The following provides a breakdown of our budget.
Direct Labor
Phase 1: Scoping and Problem Definition
$50,254
Phase 2: Rights Management Framework
$49,580
Phase 3: Proof of Concept
$51,720
Phase 4: User Acceptance Tests
$51,854
Total Labor
$203,408
Other Direct Costs (Administrative)
$20,340
TOTAL PROJECT
$223,749
Thomas Fuhrman, Founder & President, VECTORmv LLC.
Tom brings extensive subject matter expertise and consulting experience in blockchain and cybersecurity. Record of success in leading and growing technology businesses in companies ranging from very small to global. Areas of expertise include:
Jane Ginn, Co-Founder, Cyber Threat Intelligence Network (CTIN), Secretary, OASIS, Board Member, Cyber Resilience Institute.
Ms. Ginn has over 30 years of international business experience in engineering consulting, information technology, and cybersecurity/threat intelligence. She has broad experience in security management, network architecture, systems integration, cloud services and threat assessment. She is the co-founder of the Cyber Threat Intelligence Network (CTIN) and serves as Secretary of the OASIS Threat Actor Context Technical Committee (TAC TC). For eight years she was the Cyber Threat Intelligence (CTI TC) Secretary on STIX/TAXII standards development. She currently serves on the Board of the Cyber Resilience Institute (CRI), a skills training organization, and is co-founder of Sports-ISAO which has been providing security operations support for major global sporting events since 2016.
Doug DePeppe, Esq, Founder, eosedge Legal, Board President, Cyber Resilience Institute (CRI)
Founder and Principal in its cyberlaw practice, has been specializing as a multidisciplinary cyberlaw practitioner since serving in cyber operations offices in the US Government, in the US Military, and in private practice since 2004. He holds a Juris Doctor and a Master of Laws degree with a focus on national security law and cyberlaw. He served on the 2009 White House 60 - day Cyberspace Policy Review, as part of the Lawyers Working Group; and, in 2018, he was inducted into the Information Sharing Hall of Fame. In private practice with the multidisciplinary cyber firm he founded, Mr. DePeppe provides Incident Response assistance, Data Privacy and Protection advisory and training services to corporate leadership, and public-privacy partnership and information sharing assistance to a cross-sector set of clients. He also leads two cyber working groups with affiliation to the Department of Homeland Security (DHS), including the ISAO Standards Organization; and he serves as Board President of the Cyber Resilience Institute, and leads its Sports-ISAO Program Office. Mr. DePeppe engages in international consulting to both public and private organizations, has spoken at conferences across five continents, and has published his work in periodicals and journals. His firm is the exclusive cyberlaw and services provider to the IR Global network, which offers a variety of data privacy and cybersecurity services around the world.
Greg Ewing, President, Cypress Borg, LLC, Partner, Sports ISAO
Greg possesses over 30 years of experience delivering research and business advisory services to MNCs, financial institutions, and government agencies. He has helped hundreds of organizations consistently deliver better results using sophisticated planning, strategy, and risk management tools. For the last five years he has focused more specifically on deploying technologies designed to help institutions successfully meet complex privacy, cybersecurity, and governance, risk and compliance (GRC) challenges.
Yes. The proposal describes a project with four phases, each one building on the previous, yet each adding to the Cardano knowledge base individually. The initial funding request will be sufficient for:
Upon completion of this work we will seek to more to the next step: build a prototype application. We will need to identify additional programming skills for this follow-on Proposal.
We will track progress by:
Macro: A broad method will be characterized and illustrated whereby an entity, using a DID Method and other features of the project, will be able to make claims of ownership of its NIL data in the Cardano ecosystem.
Micro: Timely completion of the exit criteria for each phase.
This proposal is entirely new – it is not a continuation of a previously funded project in Catalyst.
SDG goals:
Achieve gender equality and empower all women and girls
Reduce inequality within and among countries
Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels
SDG subgoals:
By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status
End all forms of discrimination against all women and girls everywhere
Undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws
Enhance the use of enabling technology, in particular information and communications technology, to promote the empowerment of women
Key Performance Indicator (KPI):
Whether or not legal frameworks are in place to promote, enforce and monitor equality and non‑discrimination on the basis of sex
Universal Human Rights Index (UHRI):
#proposertoolsdg
The team’s multi-disciplinary background in solving complex privacy, cybersecurity & CRG issues, particularly in sport, provide unique capabilities & insights on how NIL subjects can best leverage DIDs & Cardano to authenticate assets, and protect and enforce their legal rights.