Some observers of the data economy have proposed that we treat data as labor. But are data contributions labor? Our folk conception of work emphasizes its importance and effort, such that work has a special interpersonal priority and deserves appreciation and compensation. The folk conception does not generally favor counting data as work, and so it serves as an error theory for reluctance to regulate data as labor. In contrast, labor regulation and policy focus on the political economy of labor, and in particular the bargaining dynamics that participants in a labor market face. Labor regulation aims to protect workers against the threats characteristically posed by such bargaining dynamics. Data-transferring interactions between internet platforms and users share similar bargaining dynamics, and so there is a promising functional similarity between labor regulation and proposals for data regulation that would facilitate data strikes and data unions.
