Ch IV.3. Security Concerns Surrounding Digital Estates

Proper digital must account for the transferor’s security concerns. Wills are poor legal devices for managing information because traditional wills become public, thus exposing the location and access information of the to potential threats. Including passwords and other confidential information in a will is likely to endanger the security of one’s and could undermine the entire . Cybercrime represents a real and serious threat to any digital estate transfer. Identity theft is the fastest growing crime in the world, impacting over 27,000 people worldwide each day to the tune of an estimated $56 billion each year. In 2010, the IRS allocated over $12 million to over 5,000 stolen identities of deceased U.S. citizens, in connection with scams perpetrated via the decedent’s “Electronic Survivorship and Non-Transferability” clause of its terms and conditions, will permanently delete contents of the user’s account upon the user’s death.

’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. site terms and conditions may also vary. Ultimately, digital held or stored by will be subject to the terms of the service contract, binding the account holder and the .33 Disputes pertaining to the 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.

Eleanore

Eleanore

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