Rest in Peace: Planning for Your Demise, Digitally

Rest in Peace: Planning for Your Demise, Digitally

Wharton emeritus finance professor Jack Guttentag is not a particularly morbid person, but he has given considerable thought to what he wants to happen to his personal and professional digital effects after his demise. Guttentag, 90, runs The Mortgage Professor, an online business that provides advice on home loan-related issues.

“I don’t have any intention of dying soon — I have a five-year business plan — but I need to approach this chore as if I have very little time left,” he says. “It isn’t easy.”

Upon his death, Guttentag has written instructions to his wife to put his website up for sale in consultation with his two partners and attorney. Over the years, he has had offers for it, but Guttentag says he never had the inclination to give it up or work for someone else. (He expects the value, which includes several trademarks and URLs connected to the business, to grow over time.)

On his desk, Guttentag has a manila folder containing a sheaf of papers that list user IDs, PIN numbers and passwords for various online services. He has also digitized almost all the photos he has taken over the years; they are in a file on his computer and also on Dropbox, the cloud storage provider. He has not, however, digitized family pictures inherited from other family members. “My son did some of them in developing a slideshow for my 90th birthday party, but most of them are still in boxes in my office, stoking my guilt,” Guttentag notes.

At a time when most people are spending more and more hours online – and, in the process, creating a legacy of data that will outlive them — the inevitability of death poses new challenges. Not only are there consumers who, like Guttentag, wish to tidy up their virtual effects before they die; there are also estate lawyers in the early process of establishing what constitutes digital ownership, technology firms clamoring to offer new services that deal with the remnants of digital life, and social media companies coming up with platforms that memorialize the dead.

“The norms are evolving,” says Andrea Matwyshyn, a professor of legal studies and business ethics at Wharton. “There will be a feedback loop over the next few years: Customer savvy and sophistication will increase, companies will begin to streamline their approaches and the legal industry will formalize estate planning.”

Death in the Digital Age

According to a report from digital research firm eMarketer, American adults spent more than five hours each day on the Internet last year, up from four hours and 31 minutes in 2012, and three hours and 50 minutes in 2011. Social media sites occupy a large portion of that online time: Data from research firm Ipsos Open Thinking Exchange shows that Americans between the ages of 18 and 64 who use social networks say they spend an average of 3.2 hours per day doing so. Nearly three-quarters of online American adults use social networking sites, and some 42% of online adults now use multiple social networking sites, says Pew Research Center.

“Customer savvy and sophistication will increase, companies will begin to streamline their approaches and the legal industry will formalize estate planning.”

“We have become progressively more reliant on digital communication and social media,” notes Matwyshyn. “To many people, their digital persona is equally — and in some cases, more — important [than their physical] identity.”

And yet very few people have made arrangements for what will happen to their digital persona and online possessions when they die. In 2012, the federal government added a “social media will” to its list of personal finance recommendations. The government suggests appointing an online executor to be responsible for the closure of email addresses, blogs and other online accounts. This person would also carry out the deceased’s wishes with regard to social media profiles, whether his or her desire is to completely cancel all profiles or keep them up as a memorial for friends and family to visit.

Most technology and social media companies have policies around what happens to users’ online content when they die. After all, our digital effects — the pictures we post, the emails we draft and the status updates we send — don’t solely belong to us in the first place. They belong, at least in part, to companies like Twitter and Yahoo that store the information on their servers.

“Companies are in a delicate position,” says Matwyshyn. “On one hand, there are resource constraints because they are dealing with a large number of unique requests, which is expensive and time-consuming. On the other hand, treating families of a deceased user with the sensitivity that the loss of a loved one requires is the ethical and correct thing to do. There is also a business opportunity here to build goodwill with the community of the deceased.”

Last year, for instance, Google launched an inactive account manager feature that lets users decide the fate of their accounts when they die. Twitter, meanwhile, will deactivate an account upon the request of an estate executor or an immediate family member once a copy of a death certificate is provided. Facebook either removes the account upon request by an executor or allows profiles to be turned into memorials so that friends may still post comments, photos and links to the deceased’s profile.

Flickr, which is owned by Yahoo, operates under its parent company’s terms of service agreement, which stipulates that the user ID and contents within an account terminate upon a person’s death. YouTube, which is owned by Google, operates under Google’s policy. Instagram, meanwhile, says on its site: “In the event of death of an Instagram User, please contact us.”

Users might, for example, post a remembrance on their deceased uncle’s page on his birthday. Or “visit” a friend on the anniversary of his or her death. “In the past, we gathered around the gravesite, but today we have new ways to communicate on social media,” says David Bell, professor of marketing at Wharton.

“[Mourning practices] vary person to person and culture to culture,” Bell notes. “But we will see new customs develop in terms of decorum and decency as well as an emergence of different platforms and tools for people to pay their respects. Families will be able to keep these things going in perpetuity.”

But online memorials are delicate entities. Who has custody of the profile? Who gets access? Who has the right to decide what’s appropriate to include, and what is involved in those decisions? Jed Brubaker, a PhD candidate in informatics at the University of California, Irvine who studies digital identity, social media and human centered computing, is immersed in questions of digital heirlooms. “In talking about things like Tumblr, Twitter, Facebook, Instagram and other quasi-public social media that are accessible to lots of people, there’s an unresolved question of ownership,” he notes. “Is our virtual ‘stuff’ always [considered] ‘property’?”

“Communication that historically has been ephemeral is now persistent. It sticks around — there’s a record, a data trail.”

If it’s not property, though, then what exactly is it? “It’s communication,” he says. “We’re talking about content on a Facebook wall or a Twitter feed. Communication that historically has been ephemeral is now persistent. It sticks around — there’s a record, a data trail.”

Monetizing Digital Heirlooms

The vast majority of our digital assets — such as digital photos or Facebook timelines — have little value beyond the sentimental. But even these require careful estate planning, according to Gerry W. Beyer, a professor at Texas Tech University School of Law. In the old days, he says, people passed down scrapbooks, memoirs, picture albums and musty files of old newspaper clippings. “But now, many of us don’t have physical property like that to transfer. So all that stuff will disappear.”

Of course, there are lots of ways to transform those digital assets into physical objects. You could download your e-mail messages and back up your computer files on a disk, for instance, or you could put them on a CD or flash drive. You could even print them to remove them from the digital realm. But how many people actually do this? Case in point: Whenever Beyer presents at a conference, he asks the audience: “How many of you have photographs that are valuable to you that you haven’t printed?” Nearly everyone in the room raises his or her hand, he says. “If you don’t plan for these, your loved ones may lose access…. If you care what happens to your digital belongings after you die — your photographs, your home movies, your e-mails — you have to plan.”

And certain digital assets have monetary value both today and in the future, such as domain names or a blog that generates income. Avatars or virtual property in online games such as World of Warcraft or Second Life also have quantifiable value, Beyer notes.

Digital assets — personal iTunes music libraries and Kindle books, for example — are in a different class, however. If you have, say, a large digital book collection, the transfer of usage rights is limited and closely monitored. “You don’t technically own those,” says Beyer. “You have a license to use them. That license dies with you. But if those are owned in a trust, your beneficiaries may be able to continue to use them.”

Frequent flyer miles or hotel points, while also part of your digital profile, present some tricky questions, too. These assets are governed by a contract with the company, according to Wharton’s Matwyshyn. Most contracts specify that the miles and points are personal and cannot be shared unless given explicit permission from the company. “It is possible that airlines and hotels would be willing to entertain a request to transfer, but they have a unilateral right to say: ‘I’m sorry for your loss but these points are no longer valid,’” she notes.

“If you care what happens to your digital belongings after you die — your photographs, your home movies, your e-mails — you have to plan.”

A growing number of companies are finding ways to monetize post-mortem digital effects. After all, just because most of our digital content is sentimental, it does not mean it is of no economic value. “Quite the opposite, actually,” says Pinar Yildirim, a professor of marketing at Wharton. “Say you upload photos today, and 100 years later, long after you are gone, your great-great grandson wants to have them. It represents an opportunity for any company that may want to justify its investment in storing that digital content.”

Some companies, including E-Z Safe, Estate++ and SecureSafe, act as repositories for your digital accounts. They serve as virtual safe deposit boxes, holding onto your usernames and passwords. When you die, that information gets forwarded to the person or people you specify.

“After a loved one dies, oftentimes a family member or friend needs to get access to their digital material — their social media, their e-mails or they just want to pay some bills from an online account,” says Texas Tech’s Beyer, who is a national expert in estate and trust issues. “But without planning, companies may take weeks, months or even years before they grant access.”

Other companies assist in efforts to locate digital assets of the deceased. Webcease, for instance, helps people find keepsake photographs on sites like Snapfish or Shutterfly; accumulated earned miles or points on travel, hotel or airline loyalty programs; personal interactions on social and professional sites like Facebook and LinkedIn, and personal accounts on sites like Amazon, PayPal, Netflix or eBay. “They are essentially search firms that will search all over the Internet to find what’s out there,” Beyer notes.

Other businesses in this market specialize in helping family members gain access to the computers and accounts of people who have died, according to John Sileo, a Denver-based expert on identity theft and privacy. “Say your spouse or parent passed away and you need to get into his or her account, but the company won’t let you because you weren’t listed on the account, or you didn’t have power of attorney. One of your options is to enlist the help of a so-called ’ethical hacker,’” who could infiltrate accounts you have a legitimate right to, says Sileo. “There are people who are making a lot of money doing this behind the scenes.”

But these are precisely the scenarios that Guttentag, the nonagenarian Mortgage Professor, hopes to avoid. This is why he is doing his best to organize his digital effects now. “I don’t want to leave a mess for my wife and children to clean up when I die,” he says. “If that were to happen tomorrow, that pledge would not be fully realized because of the still unfinished business I haven’t yet gotten around to. But 2014 is the year.”

Identity Theft Safeguard

Ch IV.2. Ownership of Digital Assets

Second, while it is crucial to identify the digital asset’s location and accessibility, digital asset ownership rights, copyrights, and accessibility, digital asset ownership rights, copyrights, and contractual rights are often less clear than traditional tangible property because the digital assets are often stored, created, and managed by a third party. Ownership rights of digital assets stored with third parties are not always as hereditary in character because “the terms of the contract between online service providers and account holders . . . govern the ownership and inheritability of ‘digital assets.’”24 To determine the ownership rights of a digital asset, one must examine the user’s property rights relative to those of the third-party online service provider who is storing managing, and protecting the digital asset. In the majority of instances, the third party provider will own the property rights to the account.

For example, in the case of Facebook, an account is the property of the company, and not the individual end user.26 However, at the same time, personal information stored on the account, such as pictures, social media postings, status updates, and other similarly situated data, can be protected by copyright law and constitute a decedent’s intellectual property. Problems arise when a beneficiary wishes to obtain access to a digital asset, but the asset is located in an account where the beneficiary does not have immediate access. If the third-party provider closes the decedent’s account and deletes any data stored on the account, irreplaceable digital property—which may contain pecuniary and sentimental value—could be lost forever. Furthermore, it is unclear whether the third party has any duties to preserve these digital assets for the benefit of the beneficiaries. Depending on the type of digital asset and service provider storing the digital assets, ownership rights and the legal ability to access digital assets may vary significantly.

For instance, a comparison between three similar email service providers shows that service provider contracts may differ significantly in respect to how they treat a decedent’s digital content. Yahoo!, pursuant to the “No Right of Survivorship and Non-Transferability” clause of its terms and conditions, will permanently delete contents of the user’s account upon the user’s death. Google’s policy differs slightly, stating that in some “rare cases” it may provide a deceased user’s content to an authorized representative. Hotmail/Outlook states that it will provide a copy of email messages, contact lists, attachments, and other content after proper authentication of ownership. Social media site terms and conditions may also vary. Ultimately, digital assets held or stored by online service providers will be subject to the terms of the service contract, binding the account holder and the service provider. Disputes pertaining to the digital asset ownership in reference to online accounts are settled by courts construing the terms and conditions of the contract of the third-party online provider through the application of state law.

Death, Data and the Digital Hereafter

The digital afterlife: thinking about what happens to our online life when we die. Image credit: Richard Parker/Stuff.co.nz

The digital afterlife: thinking about what happens to our online life when we die. Image credit: Richard Parker/Stuff.co.nz

A soon-to-be-released science fiction movie, Transcendence, features Johnny Depp as a scientist who becomes immortalised as a digital entity – an event that is referred to by many as the Singularity. This is still rather far from reality, of course, but it did get me thinking about death and what happens to ‘our’ data – all those Facebook chats, Instagram photos and so on. I’m talking about the digital hereafter.

Your digital persona

It was around the turn of the millennium when I first started using the internet seriously (by which I mean how much time and energy I spent on the internet, not what I used it for). Back then, I spent my time online divided between MySpace, and plenty of forums. I certainly wasn’t thinking about a data backlog, or what would happen when I die. But as more and more of my life moved online, this has come to my attention as something not too many people think about. I don’t actually know, but I would guess that I have a profile at well over 200 websites, including social media sites, forums, retail and financial services, and any number of arbitrary web-apps that required me to sign up to use them just once.

My point is, as the internet has grown we have strewn our personal data far and wide across numerous websites, with little further thought for that data, sequestered in servers across the world. And in so doing, we have created a kind of avatar – a nebulous collection of data points in the cloud, that together makes up an online persona.

Your data after you die

Google, Facebook, and Twitter all have strategies to deal with accounts of the deceased – Facebook will ‘memorialise’ a profile if a family member can confirm the death of that person. This turns the profile of the deceased into a public memorial page, which won’t show status updates but still allows loved ones to post messages. Twitter just locks your information down, while Google has what they call the Inactive Account Manager – after a defined period of inactivity, Google will  transfer your data to a trusted contact and/or shut down your account. In general, it seems that the data will be made available to loved ones (or the courts) if absolutely necessary. Several companies have positioned themselves as managers of you digital legacy – covered in this blogpost. For a more in-depth discussion of digital estate planning, see this NY Times article published last year.

Now for some more outlandish options for the digital afterlife. Several companies have caught on to this opportunity, and are offering to immortalise your digital persona for posterity. Eterni.me promises to create a digital version of the deceased, which will continue to post status updates and send messages. The company will parse your data to create an virtual ‘you’ based on your likes, browsing history and previous social media messages. LivesOn is another such project, which promises to keep tweeting for you after you die. With taglines like ‘When your heart stops beating, you’ll keep tweeting. Welcome to your social afterlife.’ (LivesOn) or the frankly misleading ‘Simply Become Immortal’ (Eterni.me), these services are not for everybody. Personally, I find the idea of a dead loved one tweeting something inane rather distasteful, and I would be downright upset if a digital ghost started messaging me about the good times we had back when they were alive.

Corporates aren’t the only ones thinking quite seriously about this stuff – there is a website, The Digital Beyond, which has been started to discuss and document these issues. The owners of the site have also written a bookdiscussing one’s options for curating the digital remains of a loved one. Academia is getting in on the act, too:researchers in the UK are studying how Western public mourning practices are changing. They document massive growth in online mourning rituals, such as the aforementioned memorial pages on Facebook, blogs dedicated to the memory of loved ones, and so on.

Another way of dealing with digital remains

I would like to consider another aspect of this discussion, one which I have not seen discussed much: the value of that data as a public resource. Data has become the unofficial second currency of business in the 21st century – just look at mobile developers. They run at a loss for years, until someone will buy their captive audience from them as data for the great online advertising machine. As it stands, the digital remnants of a life belong to the company that owned that data to begin with. But I have a alternative suggestion, which would be massively useful if implemented correctly. What if, after a reasonable mourning period (call it five years to be safe), all of that data was parsed, anonymised, and made publicly available, for free? Think of the wealth of data that would represent, over the next few decades, or even centuries. Big Data is an overhyped topic right now, but we are already seeing it’s mark across the world. Think of the complex modelling and forecasting that would be possible. Think of the boost to academia, industry, commerce, financial services and even sport. And applied to humanitarian work in health or the environment, it would quite literally change the world.