Towards an eternal online presence : of artificial intelligence and death.

One has to wonder about posterity.

Coursera has been offering machine learning classes to anyone – usually in batches of 80000 students. The technology behind it is simple: you look at a lot of information, and you extract patterns. For example, you look at the weather parameters today and you can guess, statistically, what is going to be the weather tomorrow. You analyse a list of groceries and you can determine whether or not the buyer is pregnant. This already happened.

But groceries list is only a drop in the sea of the digital content we create. We have your emails, tweets, posts on social networks. In a sense, it is us. Given a stimulation, how do we react? What are our thinking models? It’s something that can be modelized.

And it’s something that is being done by After Life Technology, who is taking of our openly accessible publications, and uses it to guess our behaviour. In a sense, they are reanimating us, and they can do so because of the footprint, the legacy that we have left behind.

Let’s go a step further the usual thinking. a silicon brain can access your personality, so why shouldn’t it be able to manage your assets? Take any writer: the stream of revenues given to him by royalties normally can go to his/her heirs. What about a portion to be used to buy electricity and equipment for a bot who can still use the huge amount of text, conferences, interviews, drafts, emails, that he sent to publish new content and interact with admirers?

The boundaries between life, death and online presence are thinning ..

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.

Texts from the dead: Post-mortem digital communication has arrived

The different types of digital assets

Why do you need to consider the becoming of your digital assets upon your passing? Just because there are more than what you actually think. If you can’t list them all, chances are that they will not be listed by someone else, and precious heritage can finally be lost for everyone. Or, if there are things that you wish were deleted, but were not, your last message may not be the one you wished for.  Inside the different assets type, you have:

Business accounts: let’s say you own an account for any business. It’s full of your clients information,  invoices and different bills. These information are critical for your business partners, colleagues or the whole team. For a doctor, it may contain the life history of your patients, with full, potentially life-saving, information.

Social media accounts: obviously, you won’t be able to communicate with your network, but the social networks do have a treasure inside: old exchanges, pictures, videos and other assets. And they can be the base of an online memorial.

Financial assets: this one is quite self-explanatory. Banks are more and more accessible via web interfaces, and may have services storing online currency, like bitcoins. And we’re not speaking about the Amazon, eBay, Paypal websites..

and last but not least:

Personal assets: can you list the totality of your services? I guess not.. Pictures, videos, emails, texts, mms, smartphone apps, … And why not computers, locked by passwords, or medical records, legal files, …

The importance of digital asset planning explained

Digital estate planning

“Privacy is not something that I’m merely entitled to, it’s an absolute prerequisite.” — Marlon Brando

Bricks and mortar businesses are inexorably coming to the realisation that a substantial amount of their business value is intangibly trapped in information. For online businesses, practically 100% of their assets are made up of information and the most valuable of all happens to be related to individuals. Information such as visitor, member, and client contact details are eagerly captured by online companies. The deeper and more detailed it gets, the better it is for the online enterprise. The ability to create an accurate client profile is true power and online businesses know it. They fight tooth and nail to attract new members, sign up subscribers and remain in front of as many contacts as possible. Individuals’ contact information and whatever other identity-related data they can cram into their customer databases is precious and allows them to put a value on their company, even if that value is largely theoretical.

If companies go through all this trouble to get data, would it not follow that their executives would rather part with their coveted reserved parking spots before they  consider allowing a single, hard-earned entry to be removed from their customer relationship management database? Absolutely! As long as the online businesses we deal with are subject to a privacy law based on the OECD data protection principles, we can count on the fact that limited retention is legislated and should expect our data to be purged from their systems after a ‘reasonable period of time’. What we should concern ourselves with is keeping track of all the data that is out there in detailed online and offline profiles. Social networking sites, email systems, other data sharing systems, e-commerce marketplaces and online auctions all try to build detailed profiles to allow for customisation of marketing messages, the likes of which deliver real value to online advertisers.

With the near complete penetration of the Internet across all age groups, we are increasingly likely to hear the term ‘digital estate planning’ (DEP) from tech-savvy lawyers. A search for this term yields a mere 70 hits on Google at the time of this writing, but give it a try in a year or two, and it be entrenched in the legal vernacular.

With our information now spread across dozens, perhaps hundreds of Internet sites and corresponding numbers of back-end databases, DEP is easier said than done. Social networking sites such as Facebook likely consider their early policy of ‘no deletion, only deactivation’ to have been a key driver of explosive growth as their user base shot past 100 million. Other sites that may have been more ethically inclined did not have the same opportunity to rekindle relationships with returning users. With global pressure to adopt data protection best practices, more and more firms are finding that they need to offer options for purging individual information from their systems.

The potentially vast amounts of information about deceased, Internet-active individuals may well turn into an insurmountable task for many, or an expensive task for a legal professional who wants to delve into DEP provisioning. Sites such as Hotmail, Yahoo! and Google all allow next-of-kin access to the deceased party’s information upon presentation of proof of death and proof of relationship, but a process needs to exist to manage all such related activities. Such a process can be based on a solid foundation of privacy legislation but, from the subject’s perspective, it must be consistent with existing best practices for password management and profile maintenance.

It is important to remember that information represents the building blocks of our identity and beyond the proper disposal of our data-based estate resides the very real threat of identity theft. That threat is real and has been for years. Husnain Kazmi is Vice President for Bank of America in Southern California. Kazmi says that in 2004 alone, some 400,000 checking accounts were reportedly opened in the US and millions of dollars in car loans were approved in the names of deceased individuals. This particularly effective type of identity theft is called ‘ghosting’ and most often occurs as a result of orphaned data being harvested by IT-savvy criminals looking to profit.

Governments need to step in and proactively install legislation that will protect citizens. Provinces in Canada, for example, are taking steps to establish privacy legislation around medical records. Many in the health care system view the legislation as crucial to the successful implementation of the Pan-Canadian Electronic Health Record (EHR) system under development across the country.

Following best practices is vital, but not enough. While the discussion is rather morbid, we must encourage clients and loved ones to exercise common sense when writing obituaries and safeguarding death certificates. Donald Kerr, Deputy Director of National Intelligence in America, is quoted as stating the following on the Office of the Director of Naval Intelligence website, “Too often, privacy has been equated with anonymity; and it is an idea that is deeply rooted in American culture… but in our interconnected and wireless world, anonymity – or the appearance of anonymity – is quickly becoming a thing of the past… we need to move beyond the construct that equates anonymity with privacy and focus more on how we can protect essential privacy in this interconnected environment. Protecting anonymity isn’t a fight that can be won. Anyone that’s typed in their name on Google understands that.”

We may all soon be in need of an internet-savvy, privacy aware, digital estate planner.