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

 

What is Digital Estate Planning and Why Do I Need it?

Eradicating Memories – Corporate Responsibility of Digital Legacy

6 year old Jennifer Atkins was just like any other teenager; she liked to use email, faceebook, twitter, tumblr, and blog. She was taking the fullest advantage of the digital age. What set Jennifer apart from other teenage girls was that she was battling a hard war against a disease since she was 12. Jennifer not only discussed her life as a cancer patient – the triumphs, defeats, but also tried to be a normal teenager interacting with friends and family over the internet. The story of Jennifer does not end happily as she passed away in November.

With her passing left her family with much sorrow and anguish, but they tried to move forward and find relief from Jennifer herself. The family had hired a computer expert to use Jennifer’s laptop to find all her passwords so they could relive the life of their family member. Once the computer expert had successfully gotten access to the computer and passwords Jennifer is family began exploring their loved one is life. They found poems, inspirational messages and even some deep and disturbing information. Yet for the family this was more peaceful and a way to never let go of their loved one.
Unfortunately for Jennifer is family the networks that Jennifer had used to communicate and leave the messages they read began to catch wind of what they were doing. Thus beginning the slow process of shutting down Jennifer is accounts, and killing any memories of Jennifer that the family had left.

The issue, sites such as facebook, tumblr, twitter, yahoo, and blog sites had issues with what the family was doing as it went against their terms of services. These sites are very conscious of what new and prospective users might think. If new users thought that these sites could give families access to personal files they may shy away. This might be especially true to people who are estranged from their family. Facebook does give you the option to close accounts down or turn a decease person is page into a memory page (as long as no one logs into the person is account). Yahoo on the other hand will terminate and delete files in their new term user agreement – anyone signing up for yahoo agrees that once dead their account will be deleted.

It is this corporate need to stay protected that caused Jennifer’s family to lose the remaining memories of their daughter. No matter what Jennifer might have wanted, could not matter because the terms of services now days are focused to stop anyone, including families from getting access. Jennifer is family may never getting to know her daughters final thoughts beyond what they had little time to read. This just goes to leave the question, do you have access to your own digital legacy when you sign up for third party sites and are you ready to lose it all and leave nothing for your family if you die? 

Clear rules needed for managing digital afterlife

Do an online cartography

First of all, you can use the checklist provided in the bonus part of this ebook. The list is obviously non exhaustive, and your specific interests may not be covered there. However, feel free to use it to map a first version of your digital footprint.

Another thing is that with different personalities, you may have more than one account for each service provider. Your professional twitter account can be different from your personal. be sure that your different lives do not overlap one another. It can be professional, personal, … you may want to respect the privacy of different alter egos even after your departure.

Ok, you have used the list. There’s another way to check the accounts you have, but may have forgotten. You know, the digital cluster you do have spread everywhere online. A simple way to identify the clutter you have forgotten (remember those accounts and goods, it may be a good idea to think of the pertinence of keeping them online) is to go to your favorite search engine, and to locate your email,

With only this step of listing your accounts with passwords, you can take less than an hour to avoid lots of frustration and questions for your beneficiaries. And I’m not talking about the hassle of going to the tribunal to get the documents to grant the access to your accounts, depending on the service providers policies. The more technology develops, the more services are going to be used. It means that both assets and accounts will grow in numbers and size.

Clear rules needed for managing digital afterlife

A topo of digital assets versus tangible assets

A regular definition of a digital asset can be “Anything that is stored digitally, in the cloud or on local media, that might have financial, personal or emotional value”.

Your digital and online assets can be classified in two categories. On the one hand, accounts, which are keys that lead to the digital vaults like iTunes, twitter, facebook, … . On the other hand, you do have digital goods like emails, photos, tweets, music, ebooks, movies, and so on. Apart from these, you can also have digital currency, in the form of money sitting on paypal, bitcoins, online games accounts.

 People start recognizing the value of their digital assets. Take Facebook. It appears that around 10% of Britons leave their facebook password in their will# — and amongst the reasons are the fact that our photo albums do not sit at home.. but in the cloud.

 Lastly, it’s not because it’s a in game that a digital asset will have no value. They are auction websites specialized in trading items or local currencies for online games. A sword in a game (was Age of Wulin) can be sold 16k$ — and World of Warcraft fans can sell their characters from 500 to 800$ for characters on which some time was spent, to 5000$ for some well equipped warriors.

 You can consider as well your eBook library, songs and electronic movie catalog (all of them being legal and paid for, I’m sure), as well as, let’s say, your apps, for which you’ll be spending around 10$ a month# in average. Whatever the support digital assets rely on, they still represent prized possessions, with a clear financial value, but also a nice sentimental and personal value.

 A washington estate attorney took the example of one client having a complete activity and business online. A photograph today can have pictures that are published or licensed, thousands of pictures stored digitally, instructional videos and tutorials, etc.

Now imagine her heirs going into her house after her departure: there may be no trace of her business, save for the camera and set-ups. But the products would not be there, maybe no negatives, or prints, even less film rolls. Contracts, licenses, all accounts could be stored as well in the cloud. Without a proper planning, her whole life work could be done: no more publishing or licensing.