Tribal Digital Sovereignty Guidebook — November 2025

2025 Tribal Digital Sovereignty Guidebook Photo by Ernie Rasmussen, Bigfoot Communications

Acknowledgements Contributors Written by Kennedy Satterfield, communications strategist for the American Indian Policy Institute Edited by Morgan Gray, senior research & policy analyst for the American Indian Policy Institute Advised by Dr. Traci Morris, executive director of the American Indian Policy Institute and Center for Tribal Digital Sovereignty The Center for Tribal Digital Sovereignty (CTDS) operates out of Sandra Day O’Connor College of Law and was founded in partnership by the American Indian Policy Institute and the National Congress of American Indians. The CTDS is part funded by the Ford Foundation and partners with other organizations advancing digital sovereignty— Waskawiwin, ASU’s Center on Technology, Data and Society and the Indian Legal Program at ASU College of Law. Community Partners This guide draws on ideas shared by speakers at the 2025 Wiring the Rez: AI in Indian Country pre-conference event, hosted by the Indian Legal Program and American Indian Policy Institute. 2 Connect with the CTDS Tribal Digital Sovereignty Guidebook

Understanding Tribal Digital Sovereignty (TDS) Today sovereignty extends beyond land Five values of Tribal Digital Sovereignty Tribal Nations and the digital ecosystem Digital infrastructure fuels modern Tribal sovereignty The digital divide on Tribal lands Tracing the digital divide: historic policy Digital sovereignty in action Indigenous data sovereignty Digital sovereignty frameworks around the world Center for Tribal Digital Sovereignty The Tribal Digital Sovereignty Guidebook is designed to provide a strong foundation for understanding digital sovereignty. It introduces key concepts, outlines the building blocks of digital sovereignty and highlights examples of sovereignty in action. About the guidebook What’s inside 3 Tribal Digital Sovereignty Guidebook

Digital sovereignty is an expansive governance model that encompasses the full digital ecosystem, including infrastructure, software, regulatory codes and the human expertise required to manage digital life. In practice, this means building and managing Tribal broadband networks that ensure reliable internet connectivity for communities; developing enforceable Tribal codes that regulate data privacy, cybersecurity, spectrum management and intellectual property; and creating frameworks for responsible use of emerging technologies such as artificial intelligence and that preserve and enhance community well-being. These measures also safeguard cultural and linguistic data, promote digital equity and ensure that the benefits of connectivity align with community values. Tribal Digital Sovereignty (TDS) thus provides an integrative framework for Tribal governance in the digital age, linking sovereignty, technology and cultural stewardship. By grounding this framework in established principles of Tribal sovereignty and the federal trust relationship, Tribal Nations can bridge historical governance with emerging digital realities. In doing so, digital infrastructure—such as broadband networks, cloud storage systems and AI governance protocols—shifts from a site of dependency to an instrument of sovereignty, enabling Tribal Nations to define, protect and govern their digital territories according to their own laws, values and visions for the future. For Tribal Nations in the United States, sovereignty has always signified more than legal status; for Tribes it is a lived reality that is rooted in self-governance, territorial authority and the preservation of culture. A defining principle in Indian Country and other Tribal communities is that federally recognized Tribes are political nations. This distinction anchors Tribal governance and jurisdiction, enabling Nations to exercise self-determination in every arena of life: land, education, healthcare and increasingly, the digital world. According to the American Indian Policy Institute’s Dr. Traci Morris, “Tribal Digital Sovereignty (TDS) is an umbrella term that refers to the ability of Tribal Nations to control and manage digital infrastructure, data and technologies in ways that support self-determination and protect community interests. Digital sovereignty is a Tribe’s right to govern their own data, digital networks, spectrum airwaves and infrastructure, asserting control over the way it is collected, stored, managed and shared.” Today sovereignty extends beyond land 4 Understanding Tribal Digital Sovereignty What is Tribal Digital Sovereignty (TDS)? What is TDS in practice?

2 3 4 5 1 Five values of Tribal Digital Sovereignty These values emerged from the 2025 Wiring the Rez: AI in Indian Country pre-conference workshop, which brought together over two hundred participants and numerous presenters. Their collective insights informed robust discussions that led to a clear consensus. Data is kin In a digitally connected world, information flows continuously across networks and communities. Data tells our collective story, linking past, present and future and individual, historical and community data must be protected. Nations must assert digital sovereignty through strong data governance and stewardship, deciding how data is collected, stored, shared and used so that it strengthens community well-being rather than serving external interests. Steward and govern the digital world as we do land Just as Tribal lands hold some of the richest reserves of rare earth elements, Nations are abundant sources of data, innovation and knowledge. Tribal communities must establish governance frameworks to oversee and manage digital infrastructure, networks and data, ensuring that ethical, community-centric principles guide every decision and action. Innovation and tradition in balance As Nations move forward into a digitized world, the past must not only be remembered but also actively preserved and protected. Innovation should be guided by culture, traditions and sacred knowledge, advancing the future while honoring the wisdom of the past. Community-centric digital futures Digital platforms create new possibilities—e-commerce, digital entrepreneurship, online education, remote work and access to emerging technologies. Alongside these opportunities come challenges, including the need to protect privacy, security, cultural knowledge and data. To fully realize these benefits while addressing the risks, communities must shape and lead digital development in ways that reflect their values, priorities and collective well-being. Digital resilience across Nations Digital resilience is the ability of Nations and communities to adapt, protect and thrive amid rapid technological change. It requires strong infrastructure, secure data systems and skilled people who can navigate and shape the digital landscape. Grounded in cultural values and collective strength, digital resilience ensures that communities can withstand disruptions, preserve sovereignty and continue to grow on their own terms. 5 Understanding Tribal Digital Sovereignty

Digital sovereignty ecosystem Tribal Nations possess a distinct digital ecosystem shaped by inherent sovereignty, governance structures, and community-driven priorities. This ecosystem can be understood through three interconnected layers: society, rights, and governance; the digital economy; and digital infrastructure. Each layer contributes essential elements to the exercise of digital sovereignty—like interlocking gears, they overlap and must be addressed holistically. Society, Rights, and Governance: This layer encompasses sovereignty, governance and policy, digital stewardship, regulatory frameworks, and community safeguards. Central to all layers, it weaves between and around each. Digital Economy: This layer includes online gaming, e-commerce, remote work, telehealth and e-learning—activities that expand economic opportunity and selfdetermination. It is reliant on infrastructure and proper governance to function. Digital Infrastructure: This is the base layer of the ecosystem and involves connectivity, human expertise, affordability and efforts to bridge the digital divide, ensuring technology is accessible and sustainable within Tribal communities. Top layer Middle layer Base layer These layers are deeply interdependent. Tribal rights and governance must inform all aspects of infrastructure and economic development. Likewise, community needs and priorities should guide infrastructure deployment and the creation of new policies and regulations. 6 Understanding Tribal Digital Sovereignty Layers of the digital ecosystem

Human expertise Digital infrastructure Digital economy Affordability Connectivity Regulatory codes Tribal governance and policy Digital divide Remote work E-learning E-commerce Community safeguards Digital stewardship Tribal sovereignty Online gaming Society, rights and governance Tribal digital sovereignty Telehealth The intersections among these layers define the conditions for Tribal Digital Sovereignty (TDS)—a state where governance, infrastructure, and economic systems operate in harmony with cultural values and community priorities. Society, Rights, and Governance: central to all and weaves between. Digital Economy: reliant on infrastructure and proper governance to function. Digital Infrastructure: base layer of the ecosystem and connects Tribal communities digitally. Top layer Middle layer Base layer 7 Understanding Tribal Digital Sovereignty TDS at the center of the ecosystem

Network sovereignty Network sovereignty refers to a Tribal Nation's exercise of authority over digital infrastructure. Tribes exercise selfdetermination over infrastructure development by investing in, constructing and operating digital networks and by developing governance systems applicable to those networks. Some Tribes may partner with other service providers and network operators to advance infrastructure development in ways that respect Tribal authority over decisionmaking and ownership. Digital sovereignty Connectivity starts with broadband infrastructure. It may consist of wireline or wireless technology, or a combination of both. Wireline connectivity refers to a physical connection to an internet hub, such as through fiber-optic cables. Wireless connectivity, by comparison, utilizes a series of radios that transmit information to one another. Some broadband solutions may utilize a combination of both, or may use satellite technology to provide internet access. Broadband networks Digital infrastructure Digital infrastructure fuels modern Tribal sovereignty Spectrum sovereignty Spectrum sovereignty refers to the right of Tribal Nations to control and manage the airwaves over their lands, just as they govern other natural resources. By obtaining spectrum licenses, Tribal Nations can steer the development of wireless connectivity within their communities. Access to wireless spectrum facilitates infrastructure development that reflects community priorities, supports cultural preservation and advances self-determined economic development. Refers to the range of electromagnetic radio frequencies used to transmit data wirelessly. Wireless internet service requires access to wireless spectrum, which is regulated by the Federal Communications Commission (FCC). The FCC designates wireless spectrum frequencies for auction and licenses are awarded to the highest bidder. But in 2020, the FCC adopted a new policy awarding Tribal Nations priority to unlicensed spectrum in the 2.5 GHz band. Wireless spectrum 8 Understanding Tribal Digital Sovereignty

Data sovereignty Data sovereignty is the principle that data stored and processed in either cloud-based storage solutions, or in physical servers at data centers, should remain subject to Tribal laws and governance. This issue is especially pressing when Tribal communities engage with major cloud providers, where data may cross multiple borders, fall under external jurisdictions or corporate policies and raise concerns about privacy, security and selfdetermination. Data storage is the process of digitally recording, preserving and storing data for future use, while data processing consists of manipulating data to produce meaningful outputs. Data can be stored and processed using physical servers on premise at data centers, or by remote servers as part of a cloudbased solution accessed via the internet. Data storage and processing The digital divide on Tribal lands The digital divide on Tribal lands stems from jurisdictional complexities and the unique challenges of deploying infrastructure in these regions. Overlapping authorities often hinder planning and implementation, while the rural and geographically diverse nature of many Tribal lands makes connectivity both expensive and technically demanding. Today, 23% of people living on Tribal lands still lack access to high-speed internet, compared to just 7% of the overall U.S. population. This gap disproportionately affects people with disabilities, elders over 65 and those living in rural communities, compounding existing inequities in access to education, healthcare and economic opportunity. Yet, rather than viewing this divide solely as a limitation, Tribal Nations have reframed it as an opportunity to advance Tribal Digital Sovereignty (TDS)—expanding broadband access while asserting their inherent right to design, build and govern their own digital futures. 9 Understanding Tribal Digital Sovereignty

The digital divide and barriers to broadband access Infrastructure deployment Infrastructure deployment across Tribal lands presents significant logistical and financial challenges. Remote and rugged terrain often slows construction, increases costs and limits the feasibility of traditional broadband or utility expansion. Many Tribal Nations manage large land bases with low population density, which further raises per-user costs and reduces the incentive for commercial investment. Broadband development requires substantial capital investment, particularly in rural or geographically isolated communities. Historically, major internet service providers have underinvested in Tribal areas, citing high costs and limited return on investment. As a result, many communities remain unserved or underserved. While federal and state programs have begun to allocate funding for broadband expansion in rural Tribal communities, access to these resources remains inconsistent. Complex application processes, matching fund requirements and jurisdictional barriers can limit Tribal participation. Sustained, equitable funding and Tribal-led infrastructure planning are essential to ensure reliable, affordable and sovereign connectivity across all Tribal Nations. Jurisdictional challenges Jurisdictional complexity often complicates planning and implementation for Tribal digital infrastructure projects. For instance, Tribal Nations seeking to build broadband or utility infrastructure across lands with multiple ownership types—such as trust, allotted, fee, or municipal lands—must navigate overlapping legal and administrative requirements. Each parcel may involve obtaining different permissions from different authorities. When the landowner is a municipality, state, or federal agency, Tribes must obtain a Right-of-Way (ROW) to access or develop the area. The ROW application process can be lengthy, costly and both legally and technically challenging, often resulting in “checkerboard” infrastructure and inconsistent service across communities. Another layer of complexity arises from environmental regulations. Tribal environmental protections and cultural resource laws must be respected, yet projects may also be subject to overlapping federal and state environmental review processes, such as those under the National Environmental Policy Act (NEPA). These dual or conflicting regulatory requirements can delay project timelines and increase costs. Ultimately, jurisdictional challenges reflect the broader structural barriers faced by Tribal Nations— where sovereignty, land status and governance intersect. Addressing these challenges requires streamlined intergovernmental coordination, recognition of Tribal permitting authority and policy reform that honors Tribal sovereignty while enabling efficient infrastructure development. 10 Understanding Tribal Digital Sovereignty

1980s - 1990s 2000s The digital divide is recognized by the U.S. federal government. Despite a significant federal investment in broadband infrastructure by 2016 only 1015% of residents on some reservations had broadband access. In 2018 the federal government found that percentage was overstated, masking a greater digital divide. 2010s - 2020s Tracing the digital divide: historic policy Internet access increases nationwide as broadband technology develops. However, internet connectivity on Tribal lands remains virtually nonexistent. Many Tribal communities face barriers to early internet adoption, such as regulatory and jurisdictional disputes on tribal lands. Tribal Nations lay the early groundwork for a more active role in digital policymaking. Early adoption Uncovering the digital divide The FCC adopts a Tribal Priority Window (2.5 GHz Spectrum) for Tribes to claim spectrum licenses. The COVID-19 pandemic exposes a digital crisis. Students on reservations struggle with or cannot access remote learning; telehealth and remote work are inaccessible. Beginning in 2021, broadband infrastructure deployment increases through federal programs like the Broadband Equity, Access and Deployment Program (BEAD) and the Tribal Broadband Connectivity Program (TBCP). While broadband access increased across Tribal communities as a result of postCOVID federal investments, the FCC reports that as of 2024 23% of people living on Tribal lands still lack high speed internet access. Early progress 11 Understanding Tribal Digital Sovereignty

Indigenous Data Sovereignty (IDS) Indigenous Data Sovereignty (IDS) refers to the inherent right of Indigenous Peoples to govern the collection, ownership and application of data that pertains to their people, lands and resources. In the United States, this authority is grounded in the recognition that Tribal Nations are sovereign governments with a unique, government-to-government relationship with the federal government. Federal Indian law affirms that Tribes retain inherent powers of self-governance over matters central to their communities— and digital sovereignty principles extend that logic to the way information about Tribal communities is gathered, stored shared and interpreted. IDS represents the extension of Indigenous self-determination into the realm of information governance. It challenges historical patterns in which data about Indigenous peoples were collected and used without consent or benefit to the community. Instead, IDS promotes systems that protect cultural knowledge, enhance community well-being and support Tribal decision-making. While global conversations on data governance often focus on privacy, security, or state control, Indigenous Data Sovereignty centers community benefit, relational accountability and respect for Indigenous worldviews. Closely related to IDS is the emerging concept of Tribal Digital Sovereignty (TDS), which expands the scope from data governance to the broader digital ecosystem. Whereas IDS focuses on the control and ethical use of data itself, TDS encompasses the infrastructure, software, policies and digital capacities that make data governance possible. Together, these frameworks form the foundation for Indigenous leadership in the digital age—ensuring that sovereignty extends not only across lands and governments but also into the systems that define our information and digital futures. Application Tribes guide how their data is used in technologies such as AI, machine learning and predictive analytics. Storage Sovereignty includes controlling where and how data is stored, with Tribes managing physical and digital systems—like servers, cloud storage services and cybersecurity—on Tribal land. Management Tribes decide how their cultural, health, economic and environmental data is shared, analyzed and published, with the right to grant or deny consent. Collection Tribal Nations control how data is gathered, including who collects it, under what conditions and for what purposes. This involves consent, engagement and ethical practices rooted in Tribal values. Elements of data sovereignty 12 Digital sovereignty in action

Guidelines from Indigenous communities CARE Principles for Indigenous Data Governance GIDA Indigenous Data Governance & Universities Communique FNIGC OCAP® First Nations Principles United Nations Declaration on the Rights of Indigenous Peoples NativeDATA Tribal Data Sovereignty Principles Indigenous Data Governance Brief | Native Nations Institute and US Indigenous Data Sovereignty Network Cherokee Nation: AI, Data Sovereignty and Cybersecurity Task Force Research libraries NNI publications and projects Berkeley Library: Indigenous data sovereignty University of Texas Libraries: Indigenous data sovereignty Native BioData Consortium research Local Context Hub Organizations advocating for IDS Collaboratory for Indigenous Data Governance Builds upon and supports movements to develop frameworks toward data sovereignty including research, policy and practice. Global Indigenous Data Alliance (GIDA) A network of Indigenous researchers, data practitioners and policy advocates working to advance Indigenous control over data. Native Nations Institute (NNI) NNI was awarded a 1.5 million dollar grant by the National Science Foundation in August 2024 to place Indigenous peoples as authorities over the way their data is collected, shared and controlled. U.S. Indigenous Data Sovereignty Network (IDSov) Collaborates with international networks to advocate for data sovereignty in the United States. First Nations Information Governance Center (FNIGC) An independent and apolitical nonprofit supporting ethical data collection and data sovereignty for First Nations through research, education and partnerships. 13 Digital sovereignty in action

Digital sovereignty frameworks around the world Other nations Indigenous communities Across the globe, governments and communities have been developing legal frameworks for digital sovereignty. For Tribal Nations in the United States, these examples offer valuable lessons: how to balance self-determination with global connectivity, how to protect sensitive cultural and community data and how to leverage digital infrastructure as a form of sovereignty that complements their political rights. By learning from these diverse approaches, Tribal Nations can adapt models of digital sovereignty that reinforce their unique cultural and governmental priorities. Community governance, ethical data use and cultural protocols Aboriginal and Torres Strait Islander Peoples Indigenous Data Sovereignty and the Maiam Nayri Wingara Collective | Australia Data governance, privacy, health data and self-determination Canada First Nations, Métis, Inuit OCAP® Principles (Ownership, Control, Access, Possession) Principles to assert inherent rights across the data lifecycle Aotearoa New Zealand Te Mana Raraunga—Māori Data Sovereignty A framework that builds on CARE and centering ownership Sápmi (Northern Europe) Sámi Ownership and Data Access (SODA) Data protection, individual rights and regulatory accountability European Union General Data Protection Regulation (GDPR) 14 Digital sovereignty in action

To support Tribal Nations in their exercise of sovereignty in the digital era by advancing research, policy development, and capacity-building that empower Tribal Nations to govern, protect, and innovate within their digital domains—grounded in self-determination, cultural values, and Indigenous knowledge systems. CTDS Mission The Center for Tribal Digital Sovereignty (CTDS), established by the American Indian Policy Institute and the National Congress of American Indians and funded by the Ford Foundation, is the country’s first center dedicated to helping Tribal Nations navigate digital sovereignty. Located at Arizona State University’s Sandra Day O’Connor College of Law, CTDS offers research, capacity-building and open-source resources to assist Tribal leaders in managing their digital infrastructure, data policies and network development. The Center supports Tribes in expanding their digital presence in areas such as education, health care, public safety and economic development. About the CTDS Scholarship AIPI-led research, federal studies and policy-related insights. Broadband policy dashboard Repository and real-time tracker of federal policy and legislation. Clearinghousing information A knowledge repository made for Tribal Nations. Data and research Center for Tribal Digital Sovereignty (CTDS) Wiring the Rez Wiring the Rez is an event series centered around an annual conference and dedicated to advancing Tribal Digital Sovereignty (TDS) and economic development. Originally launched in 2015 by the Indian Legal Program (ILP) with a focus on e-commerce and digital infrastructure, the series has evolved significantly over the years. In 2024, ILP partnered with the American Indian Policy Institute’s Center for Tribal Digital Sovereignty, broadening the event’s scope to include emerging topics such as artificial intelligence (AI), data governance, and the ongoing challenges of building modern communication networks to bridge the digital divide. 15 Digital sovereignty in action

Digital Leadership Inclusion Certificate Tribal Broadband Bootcamp CTDS partnership highlights The Tribal Broadband Bootcamp (TBB) is a hands-on, three-day training designed by Waskawiwin to equip Tribal communities with the knowledge and skills to build and operate their own broadband networks. Open to all experience levels, the Bootcamp brings together Indigenous leaders, network operators and policy experts to demystify the technical, legal and business aspects of running a Tribal internet service provider (ISP). With a focus on peer learning and collaboration, TBB empowers participants to take control of their digital futures. The Digital Inclusion Leadership Certificate is a collaboration between the Marconi Society, ASU’s Center on Technology, Data and Society and the Bob Ramsey Center for Executive Education at Arizona State University. It is a 12-week online certificate designed to prepare participants for effective planning, implementation and evaluation of broadband and digital inclusion programs. Photographed by Matthew Rantanen Tribal Broadband Bootcamp event photos 16 Digital sovereignty in action

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18 American Indian Policy Institute Sandra Day O’Connor College of Law Beaus Center for Law and Society 111 E. Taylor St. Phoenix, AZ 85004 Stay connected Connect with our accounts @aipinstitute www.aipi.asu.edu/ctds Author Kennedy Satterfield Communications strategist Editor Morgan Gray Senior research analyst Advisor Dr. Traci Morris Executive director of the American Indian Policy Institute and Center for Tribal Digital Sovereignty Acknowledgements Community partners The Center for Tribal Digital Sovereignty (CTDS) operates out of Sandra Day O’Connor College of Law and was founded in partnership by the American Indian Policy Institute and the National Congress of American Indians. The CTDS is part funded by the Ford Foundation and partners with other organizations advancing digital sovereignty— Waskawiwin, ASU’s Center on Technology, Data and Society and the Indian Legal Program at ASU College of Law.

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