Easements as an Option for API Access

The debate surrounding interoperability involves commercial interests, privacy interests, and security interests. Application Programming Interfaces or APIs are a vital component of interoperability, and the possibility of regulating APIs creates tension between owners of APIs, consumers, and other parties. There are many current and proposed methods for regulation. Some are technological, some are legal. No single method completely regulates APIs, and many lack the authority that comes from established precedent. Technology regulation has previously turned to property law principles for privacy and other vital interests. By turning easement law into a framework for API governance, there is a robust tool to handle unbalanced interests that affect the general public.