Learn How to Preserve Your Data with Take Control of Your Digital Legacy

US digital legacy laws in 2013

New Hampshire recently gave some thoughts about what happens to your facebook page when you die. More precisely, legislation is being changed so that an estate executor would be in a position to get a hold on the different social networks, emails, … after the death of the owner – which is something that is not the custom today.

Peter Sullivan is the State Rep. who started the movement of digital estate planning in the New Hampshire House of Representatives, which accepted this bill 222 to 128. The goal of these legislation is namely to give a better control of the situation to the persons who just suffered from a loss.

The other states so far are Rhode Island, Connecticut, Oklahoma, Idaho, and Indiana. The first and the second were the first states to introduce a control of digital legacy, but at the same time only applied on a limited number of services. Oklahoma was supported by a state legislator, Ryan Kiesel. Kiesel helped draft the texts, but according to his own advice, the issue must be addressed to by the federal government.

 

Let’s have a quick look at the different states and statuses. Here are attached links to the different texts concerning the current laws (as of beginning of 2013).

 

Rhode Island: The legislation simply allows an executor to access the accounts of emails of the departed.

Source: http://webserver.rilin.state.ri.us/Statutes/TITLE33/33-27/33-27-3.htm

 

Connecticut : The same applies – and still the question of social networks is not raised.

Source: http://www.cga.ct.gov/2005/act/Pa/2005PA-00136-R00SB-00262-PA.htm

 

Indiana: The executor can be granted access to “information being stored online”.

Source: http://www.in.gov/legislative/ic/code/title29/ar1/ch13.html

 

Okhlahoma: The text gives the executor (or an estate administrator) the right to be granted the access to emails, as well as social networks, accounts.

Source: http://legiscan.com/OK/bill/HB2800/2010

 

Idaho: The Idaho text allows the executor to take over and control the account of the decedent, including the Facebook, Twitter, as well as any email provider. The major difference resides in the fact that the executor can resume the use of the account, even on a posthumous base.

Source: http://legislature.idaho.gov/legislation/2011/S1044.pdf

 

Digital Files After Death, What Happens to Your Digital Legacy?

Electronic assets

Electrons and pieces of magnetic stuff are replacing the usual asset. In the electronic realm, you are constantly generating assets: emails, tweets, pictures on flickr, short messages on facebook, or videos on youtube.

Online, we generate a lot of assets, but we don’t think of them as assets,” says Eric Goldman, a professor of law and director of the High Tech Law Institute at Santa Clara University School of Law in California. “We don’t manage them as assets. We create content. We create data. We develop relationships. All of those things are valuable, but we don’t manage them as valuable assets.

The ease of creation (and consumption) online is making us create content everyday. But the tools we are using to do so are protecting our privacy with passwords ; our signatures are replaced by puny text strings that we have to remember each time we are using a different creation medium.

But once you pass away, who will be able to receive your electronic assets if they don’t have the key??

Is Your Digital Life Ready for Your Death?

Your cyberfootprint

Neil Armstrong may have been imprinting the moon with a famous step, but you are creating everyday a series of footsteps that may live forever — or at least long enough to bother you. You know, your cyber footprint.

The websites that you browse, the emails you sent, receive and forward, the status updates on social networks, the movies you mention having appreciated, even the points your are collecting on online games, .. the list would be long enough.

When speaking of legacy, this footprint often becomes a problem to manage for those who remain. What will become of it? Who can benefit from the online revenue generating you have been generating? Who will pursue the work you had started? What will become of those embarrassing mails you had sent previously?

Previously, people had wills written for their earthly possessions. Your books, photos, all the small souvenirs that you shared with loved ones could be shared with the ones you wanted. But what about your cyber footprint? All of your assets, or most of them, are locked with a password, and services providers don’t usually pass your digital belongings to any other than you.

The traditional things we have done for estate planning—proof of death, changing titles, all those sorts of things—may need to change in this new context of digital assets,” says Dennis Kennedy, a St. Louis, Missouri, technology attorney who is also a recognized expert on how technology intersects with the law. “One of the last questions you tend to ask is, ‘What happens when somebody dies?’ Nobody is planning to die. Very few people want to think about that and what is going to happen to their stuff, but it has to be done, and it has gotten more complicated with the addition of digital assets.

That’s why it’s always interesting to have a guide to help you through your issues.

Who will get your iTunes when you die?

A shift in legacies

The so called GenY has been growing in a different age than their parents. The digital realm has taken over some aspects in everyday life, and that’s something we will have to live with.

We previously  had photo albums, scrapbooks, handwritten journals and letters, pieces of ribbon and shoeboxes to rule them all. If you wanted to get back in time, you just had to open these shoeboxes, carefully hidden in the basement or stored in the closet behind a pile of blankets.

Today, we do have dvd of photos, social media accounts, Facebook statuses and emails ; even the diplomas you are getting from your online courses are PDFs, not pieces of paper framed and proudly displayed behind your desk.  Cyberspace is getting a hold on these precious memories. And that may be an issue in terms of memories and privacy.

Most of our online accounts are locked behind passwords, and without proper guidance, memories may arise once again when you would have liked them to disappear, or those precious memories, photos or videos that you had with a love one may be deleted from cyberspace. That’s why you should take action right now, read more on the howtos, and prepare a list of your legacy, with proper instructions and beneficiaries !

Digital death is still a problem. A widow’s battle to access her husband’s Apple account

Designated Beneficiaries – 201

After having set up a complete digital will, and chosen an executor, you can set another level of security to your setup, it’s by including designated beneficiaries.

What are they? Check out the for-dummies, but what you need to know is that you communicate the details of beneficiaries to the institutions you want to warn (banks for example?) so that they will automatically transfer ownership of your assets to a designated beneficiary upon reception of proof of death.

Digital planning
Digital planning

Why are they important? Conflicts. If information between your will and the institution differ, the bank will prevail. It means your will can not be sufficient to ensure the proper transfer of ownership of funds in all the cases.. you catch my drift.