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

 

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.

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

how to manage the digital legacy of the departed

In April, Google added to its services an Inactive Account Manager, which lets you designate an heir who will control your Google data when you die. You choose a length of inactivity, and if your accounts are ever quiet for that long, Google will notify your heirs that they’ve inherited access to your Gmail correspondence, YouTube videos or Picasa photo albums — whatever you specify.

It’s about time that Internet giants get in front of the privacy issue and offer users options for dealing with a digital legacy. After all, we live in an age where an increasing number of people make and share materials that live only in the digital world — nearly 50 percent of adult Internet users, for example, post homemade photos or videos online. A number of services can help with digital estate planning by designating password recipients or deleting accounts or files when you die. But communication and privacy laws have yet to catch up with technology. WhileFacebook made it possible for family members to convert the page of a loved one into a memorial a few years ago, the company has faced multiple lawsuits from family members who wanted deeper access to their kids’ Facebook accounts after a sudden death.

Clearly it’s important for people to consider who will have access and control over their digital data when the time comes. But this focus on privacy and access ignores the emotional significance of a loved one’s digital legacy.

“Right now the contemporary discussion is privacy and utility,” says Will Odom of the Human-Computer Interaction Institute at Carnegie Mellon University in Pittsburgh. “It’s not about how digital materials will be represented in any meaningful way.”

Think about how we interact with material heirlooms, items that are often deeply symbolic and sentimental. Your great-grandfather’s watch, an old photo album or stack of letters might be kept in special box on a high shelf or tucked in a particular drawer. We safeguard these items not just to remember the individual, but so future generations will know and remember too. And when the living ache to connect to the dead, it’s often in a ritualized setting: Letters might be read in a favorite chair with a glass of wine and a box of tissues. Photo albums are pulled out during holidays. We keep our relationships with lost loved ones alive by keeping their things.

Digital possessions — be they e-mails, texts, photos or tweets — are fundamentally different than tangible goods, says Odom, who has been investigating bereavement in the digital age. This makes digital materials particularly challenging to deal with after death. For one thing, there’s a matter of scale. Your house or apartment can contain only so many objects. People continuously get rid of tangible things as they acquire new ones, keeping only what’s important. But digital objects are spaceless. You don’t have to purge even if your inbox is bloated with thousands of unread e-mails. So it’s easy to end up with orders of magnitude more digital things than tangible ones. Digital objects are also oddly removed from view. While you can discern with a glance that the stacks of ancient National Geographic magazines in your parent’s attic are indeed stacks of ancient National Geographic magazines, you can’t tell what’s on a laptop and whether you want to keep that content just by looking at the laptop. This makes it especially difficult to make decisions about digital heirlooms.

“People end up in a weird holding pattern of keeping a phone or a desktop computer,” Odom says. “They want to keep it, but they are too overwhelmed to go into it.”

Recent studies by Odom and colleagues suggest that there may be something fundamental and ancient about how we interact with items left behind by the dead. While there currently aren’t easy ways to curate digital heirlooms, people sure do try. Many of the people the researchers interviewed were enacting similar rituals with digital objects that people use with material ones. One woman had 25 or so cherished text messages from her dead husband. She kept the SIM card and old phone in an ornate box and would take them out and read them from time to time. A woman from England buried her husband with his cell phone and kept sending him texts after he died.

Odom and his colleagues conclude that bereavement in the digital age might be easier if we had devices that allowed us to interact with digital objects in the same ways humans have interacted with heirlooms through the ages. As one woman who didn’t like the idea of storing special digital photos on a CD remarked: “They deserve better than that.”

Based on comments like that one, the researchers have designed three devices that display a deceased person’s photos, tweets and other digital heirlooms on screens embedded in oak veneer boxes. In tests, families said that they would want to keep the devices alongside their cherished physical heirlooms. As one mother put it: “Seeing it age with them — the things we’ll always have — it feels right.”

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

Have You Completed Your Client’s Digital Estate Plan?

I’m sure you are comfortable that your clients’ estate plans are up to date. But have you reviewed your client’s digital estate plan? What is a digital estate plan? It’s a plan for the disposition of all your clients internet accounts once he or she is deceased

Experts have estimated that the average adult with access to the internet has more than 25 internet accounts! In the past, we kept albums full of snapshots, vinyl records and shoeboxes full of correspondence. Now our photos are all on Flickr and IPhoto, our music is downloaded from ITunes and our correspondence is email via Yahoo or Google.

And probably more important than that, a lot of your clients bank and investment accounts may be entirely online.!

And what happens if your client dies? Who has access to these internet accounts? And if they want those accounts taken off the internet how do they do it? You may discover that it is more difficult than you think to access their accounts or erase them from the internet

The family of Ricky Rash, a 15 year old who committed suicide in 2011, discovered how difficult it was to recover information from their deceased son’s internet account. In an effort to understand why he had taken his own life, they requested but were refused access to his Facebook account. Facebook claimed that according to the Stored Communications Act of 1986 – the federal law that governs the protection of a person’s electronic data – even the account of a minor is protected from access by his parents or anyone else.  Other sites and providers interpret the legislation this way, making access all but impossible.

There are only five states that have taken any steps to help recover the internet data of a deceased person—Indiana, Idaho and Oklahoma legislation covers social media and blogging accounts, while Connecticut and Rhode Island legislation covers only email.

What does this mean for your clients? It is critical that they create a digital estate plan.The listing of internet accounts needs to be more comprehensive than I originally recommended. Information must include:

  • the name of the account
  • the contents of the account
  • the URL address
  • username
  • password
  • instructions for the disposition of the account including the person to oversee such disposition.
Digital planning
Digital planning

There is a whole new industry that has been created to service your clients’ digital estate , a new digital estate planning service. Your clients can create an account and then enter their user names, passwords and wishes for each of their digital assets. They can specify an heir for each account; Legacy Locker will provide heirs with information after the account holder’s death is verified.

There are also online memorial services to celebrate your client’s life. These services enable your clients to create their own memorials before they pass away. Facebook and Twitter also offer these services for family members.

The importance of having a digital estate plan will increase as more and more of our assets (and access to assets) are online. Gradually laws will evolve to give family members access to deceased loved ones’ accounts. It is important to prepare your clients for the disposition of their digital assets now so that family members will not be unpleasantly surprised when they attempt to uncover them.

If you want to explore digital estate planning in more detail feel free to wander around.