What happens to our online identities when we die?

What happens to our online identities when we die?

What happens to our online identities when we die?

Click here to view original web page at What happens to our online identities when we die?

Hayley Atwell in the Black Mirror episode Be Right Back.

Esther Earl never meant to tweet after she died. On 25 August 2010, the 16-year-old internet vlogger died after a four-year battle with thyroid cancer. In her early teens, Esther had gained a loyal following online, where she posted about her love of Harry Potter, and her illness. Then, on 18 February 2011 – six months after her death – Esther posted a message on her Twitter account, @crazycrayon.

“It’s currently Friday, January 14 of the year 2010. just wanted to say: I seriously hope that I’m alive when this posts,” she wrote, adding an emoji of a smiling face in sunglasses. Her mother, Lori Earl from Massachusetts, tells me Esther’s online friends were “freaked out” by the tweet.

“I’d say they found her tweet jarring because it was unexpected,” she says. Earl doesn’t know which service her daughter used to schedule the tweet a year in advance, but believes it was intended for herself, not for loved ones after her death. “She hoped she would receive her own messages … [it showed] her hopes and longings to still be living, to hold on to life.”

Although Esther did not intend her tweet to be a posthumous message for her family, a host of services now encourage people to plan their online afterlives. Want to post on social media and communicate with your friends after death? There are lots of apps for that! Replika and Eternime are artificially intelligent chatbots that can imitate your speech for loved ones after you die; GoneNotGone enables you to send emails from the grave; and DeadSocial’s “goodbye tool” allows you to “tell your friends and family that you have died”. In season two, episode one of Black Mirror, a young woman recreates her dead boyfriend as an artificial intelligence – what was once the subject of a dystopian 44-minute fantasy is nearing reality.

Esther Earl at home in 2010 … before she died, she arranged for emails to be sent to her imagined future self.
Esther Earl at home in 2010 … before she died, she arranged for emails to be sent to her imagined future self. Photograph: Boston Globe via Getty Images

But although Charlie Brooker portrayed the digital afterlife as something twisted, in reality online legacies can be comforting for the bereaved. Esther Earl used a service called FutureMe to send emails to herself, stating that her parents should read them if she died. Three months after Esther’s death, her mother received one of these emails. “They were seismically powerful,” she says. “That letter made us weep, but also brought us great comfort – I think because of its intentionality, the fact that she was thinking about her future, the clarity with which she accepted who she was and who she hoped to become.”

Because of the power of Esther’s messages, Earl knows that if she were dying, she would also schedule emails for her husband and children. “I think I would be very clear about how many messages I had written and when to expect them,” she adds, noting they could cause anxiety for relatives and friends otherwise.

Yet while the terminally ill ponder their digital legacies, the majority of us do not. In November 2018, a YouGov survey found that only 7% of people want their social media accounts to remain online after they die, yet it is estimated that by 2100, there could be 4.9bn dead users on Facebook alone. Planning your digital death is not really about scheduling status updates for loved ones or building an AI avatar. In practice, it is a series of unglamorous decisions about deleting your Facebook, Twitter and Netflix accounts; protecting your email against hackers; bestowing your music library to your friends; allowing your family to download photos from your cloud; and ensuring that your online secrets remain hidden in their digital alcoves.

In Be Right Back, a young woman recreates her dead boyfriend as an artificial intelligence.
In Be Right Back, a young woman recreates her dead boyfriend as an artificial intelligence. Photograph: Channel 4

“We should think really carefully about anything we’re entrusting or storing on any digital platform,” says Dr Elaine Kasket, a psychologist and author of All the Ghosts in the Machine: Illusions of Immortality in the Digital Age. “If our digital stuff were like our material stuff, we would all look like extreme hoarders.” Kasket says it is naive to assume that our online lives die with us. In practice, your hoard of digital data can cause endless complications for loved ones, particularly when they don’t have access to your passwords.

“I cursed my father every step of the way,” says Richard, a 34-year-old engineer from Ontario who was made executor of his father’s estate four years ago. Although Richard’s father left him a list of passwords, not one remained valid by the time of his death. Richard couldn’t access his father’s online government accounts, his email (to inform his contacts about the funeral), or even log on to his computer. For privacy reasons, Microsoft refused to help Richard access his father’s computer. “Because of that experience I will never call Microsoft again,” he says.

Our devices capture so much stuff, we don’t think about the consequences for when we’re not here

Compare this with the experience of Jan-Ole Lincke, a 24-year-old pharmaceutical worker from Hamburg whose father left up-to-date passwords behind on a sheet of paper when he died two years ago. “Getting access was thankfully very easy,” says Lincke, who was able to download pictures from his father’s Google profile, shut down his email to prevent hacking, and delete credit card details from his Amazon account. “It definitely made me think about my own [digital legacy],” says Lincke, who has now written his passwords down.

Yet despite growing awareness about the data we leave behind, very few of us are doing anything about it. In 2013, a Brighton-based company called Cirrus Legacy made headlines after it began allowing people to securely leave behind passwords for a nominated loved one. Yet the Cirrus website is now defunct, and the Guardian was unable to reach its founder for comment. Clarkson Wright & Jakes Solicitors, a Kent-based law firm that offered the Cirrus service to its clients, says the option was never popular.

“We’ve been aware for quite a period now that the big issue for the next generation is digital footprints,” says Jeremy Wilson, head of the wills and estates team at CWJ. “Cirrus made sense and ticked a lot of boxes but, to be honest, not one client has taken us up on it.”

Wilson also notes that people don’t know about the laws surrounding digital assets such as the music, movies and games they have downloaded. While many of us assume we own our iTunes library or collection of PlayStation games, in fact, most digital downloads are only licensed to us, and this licence ends when we die.

What we want to do and what the law allows us to do with our digital legacy can therefore be very different things. Yet at present it is not the law that dominates our decisions about digital death. “Regulation is always really slow to keep up with technology,” says Kasket. “That means that platforms and corporations like Facebook end up writing the rules.”

Andrew Scott stars in the new Black Mirror episode Smithereens, which explores our digital dependency.
Andrew Scott stars in the new Black Mirror episode Smithereens, which explores our digital dependency. Photograph: Netflix / Black Mirror

In 2012, a 15-year-old German girl died after being hit by a subway train in Berlin. Although the girl had given her parents her online passwords, they were unable to access her Facebook account because it had been “memorialised” by the social network. Since October 2009, Facebook has allowed profiles to be transformed into “memorial pages” that exist in perpetuity. No one can then log into the account or update it, and it remains frozen as a place for loved ones to share their grief.

The girl’s parents sued Facebook for access to her account – they hoped to use it to determine whether her death was suicide. They originally lost the case, although a German court later granted the parents permission to get into her account, six years after her death.

“I find it concerning that any big tech company that hasn’t really shown itself to be the most honest, transparent or ethical organisation is writing the rulebook for how we should grieve, and making moral judgments about who should or shouldn’t have access to sensitive personal data,” says Kasket. The author is concerned with how Facebook uses the data of the dead for profit, arguing that living users keep their Facebook accounts because they don’t want to be “locked out of the cemetery” and lose access to relatives’ memorialised pages. As a psychologist, she is also concerned that Facebook is dictating our grief.

“Facebook created memorial profiles to prevent what they called ‘pain points’, like getting birthday reminders for a deceased person,” she says. “But one of the mothers I spoke to for my book was upset when her daughter’s profile was memorialised and she stopped getting these reminders. She was like, ‘This is my daughter, I gave birth to her, it’s still her birthday’.”

While Facebook users now have the option to appoint a “legacy contact” who can manage or delete their profile after death, Kasket is concerned that there are very few personalisation options when it comes to things like birthday reminders, or whether strangers can post on your wall. “The individuality and the idiosyncrasy of grief will flummox Facebook every time in its attempts to find a one-size-fits-all solution,” she says.

Pain points … should we allow loved ones to curate our legacy, or create ‘memorial pages’?
Pain points … should we allow loved ones to curate our legacy, or create ‘memorial pages’? Photograph: Yui Mok/PA

Matthew Helm, a 27-year-old technical analyst from Minnesota, says his mother’s Facebook profile compounded his grief after she died four years ago. “The first year was the most difficult,” says Helm, who felt some relatives posted about their grief on his mother’s wall in order to get attention. “In the beginning I definitely wished I could just wipe it all.” Helm hoped to delete the profile but was unable to access his mother’s account. He did not ask the tech giant to delete the profile because he didn’t want to give it his mother’s death certificate.

Conversely, Stephanie Nimmo, a 50-year-old writer from Wimbledon, embraced the chance to become her husband’s legacy contact after he died of bowel cancer in December 2015. “My husband and I shared a lot of information on Facebook. It almost became a bit of an online diary,” she says. “I didn’t want to lose that.” She is pleased people continue to post on her husband’s wall, and enjoys tagging him in posts about their children’s achievements. “I’m not being maudlin or creating a shrine, just acknowledging that their dad lived and he played a role in their lives,” she explains.

Nimmo is now passionate about encouraging people to plan their digital legacies. Her husband also left her passwords for his Reddit, Twitter, Google and online banking accounts. He also deleted Facebook messages he didn’t want his wife to see. “Even in a marriage there are certain things you wouldn’t want your other half to see because it’s private,” says Nimmo. “It worries me a little that if something happened to me, there are things I wouldn’t want my kids to see.”

When it comes to the choice between allowing relatives access to your accounts or letting a social media corporation use your data indefinitely after your death, privacy is a fundamental issue. Although the former makes us sweat, the latter is arguably more dystopian. Dr Edina Harbinja is a law lecturer at Aston University, who argues that we should all legally be entitled to postmortem privacy.

If we don’t start making decisions about our digital deaths, then someone else will be making them for us

“The deceased should have the right to control what happens to their personal data and online identities when they die,” she says, explaining that the Data Protection Act 2018 defines “personal data” as relating only to living people. Harbinja says this is problematic because rules such as the EU’s General Data Protection Regulation don’t apply to the dead, and because there are no provisions that allow us to pass on our online data in wills. “There can be many issues because we don’t know what would happen if someone is a legacy contact on Facebook, but the next of kin want access.” For example, if you decide you want your friend to delete your Facebook pictures after you die, your husband could legally challenge this. “There could be potential court cases.”

Kasket says people “don’t realise how much preparation they need to do in order to make plans that are actually able to be carried out”. It is clear that if we don’t start making decisions about our digital deaths, then someone else will be making them for us. “What one person craves is what another person is horrified about,” says Kasket.

How close are we to a Black Mirror-style digital afterlife?

Read more

Esther Earl continued to tweet for another year after her death. Automated posts from the music website Last.fm updated her followers about the music she enjoyed. There is no way to predict the problems we will leave online when we die; Lori Earl would never have thought of revoking Last.fm’s permissions to post on her daughter’s page before she died. “We would have turned off the posts if we had been able to,” she says.

Kasket says “the fundamental message” is to think about how much you store digitally. “Our devices, without us even having to try, capture so much stuff,” she says. “We don’t think about the consequences for when we’re not here any more.”

• Black Mirror season 5 launches on Netflix on 5 June.

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Are you prepared for a digital afterlife? - Shepherd and Wedderburn

Your Digital Afterlife: Estate Planning in the Internet Age

Your Digital Afterlife: Estate Planning in the Internet Age

Click here to view original web page at Your Digital Afterlife: Estate Planning in the Internet Age

For a very long time, estate plans didn’t change much. Traditionally, they have been paper documents that spell out a person’s wishes regarding property, executorships’ responsibilities, funding of trusts, and so forth, that were spelled out in wills, trusts, powers of attorney, health-care proxies, and perhaps invoking the Homestead Act. (The Homestead Act is a document that can be added to your personal residence’s deed, to gain limited protection to the equity in your home). While all these documents still represent the foundation of a modern-day estate plan, the Internet has added a whole new dimension to the process.

Online banking, employer financial plans, investments, and even tax returns can now be accessed with the click of a mouse. While everyone enjoys the convenience of the Internet, big problems arise if a decedent hasn’t informed survivors about critical information such as URLs, passwords, and PINs.

I recently heard a story of a woman whose husband handled the finances for the family. Upon his death, she didn’t know anything about his stock options with his former employer. She subsequently lost over $19,000 because the options expired without her exercising them. I’m sure that $19,000 would have come in handy to pay the funeral expenses. Don’t let this situation happen to you. Make sure you store all pertinent information in a safe place and that your executor or heirs know where to find it.

Furthermore, with the popularity of social networking these days, have you ever thought about what happens to your online presence upon your death? Facebook, Linked In, and Twitter all have specific policies in dealing with this situation. Facebook allows friends and family members the option of either “memorializing” the profile or removing it entirely. Memorializing the profile allows it to be viewed by those whom the account holder had confirmed as “friends.” Friends may post on the deceased person’s wall, but can’t log into the account. Removing the profile entirely may only be done by an immediate family member. To learn more, go to Facebook’s website and search for “How Do I Report a Deceased User or an Account That Needs to be Memorialized?” Keep in mind that you will need proof of death, such as an obituary.

Twitter users can email privacy@twitter.com or contact them via fax at (415)-222-9958. They will need the deceased’s user name or a link to the account profile page. A link to an obituary or news article is acceptable as well. Twitter accounts can only be removed, not left as memorials.

You can contact LinkedIn via fax at (402)-715-4536 or via their website. A “Verification of Death Form” must be completed and submitted. You will need the account holder’s e-mail address, URL of their LinkedIn profile, date of death, and an official death notice.

Blog services’ policies vary from service provider to service provider, so check their policies for removing a deceased user’s accounts. Usually the blog’s URL and the URL to the login page with the username and password should be a good start.

All documents and information should be kept in a safe place and someone you trust should be aware of how to access the data upon your death or incapacitation. Preferably it should be stored electronically, encrypted, and with a redundant back-up in the event a disaster recovery is needed.

Here is a checklist of important items:
1. Professional advisor’s contact information
2. Will
3. Insurance policies
4. Banking, savings, and investment statements
5. Property deeds
6. Retirement plan documents
7. Estate planning documents
8. Online presence information, i.e., user names and passwords

As you can see, in today’s digital age, this is not your grandparent’s estate plan. By taking some simple steps, however, you can make sure you, your family, and your assets are protected.

Why you Need to Start Thinking About your Digital Estate Plan

Why you Need to Start Thinking About your Digital Estate Plan

Why you Need to Start Thinking About your Digital Estate Plan

Click here to view original web page at Why you Need to Start Thinking About your Digital Estate Plan

Joan Mitchell in her studio in Vétheuil, France, 1983. Photo by Robert Freson, Joan Mitchell Foundation Archives. © Joan Mitchell Foundation

By Natalie Koza and Eleni Demestihas

Traditionally, when someone died, their executor would follow a standard process to settle their estate: locate the will, go through file cabinets to look for other important documents, and file a tax return at the end of the year. These days, much of our lives are conducted online, and that can lead to big headaches for families attempting to sort through digital accounts and possessions, especially if they don’t even know what those are. Just as traditional estate-planning relates to the management and transfer of financial accounts and hard assets, digital estate-planning encompasses your digital possessions, including tangible digital devices, stored data, and online accounts.

Given the increasing digitization of music, the importance of managing your digital estate as diligently as you would manage the rest of your legacy has become increasingly important. Whether world-famous or simply aspiring, most musicians have considerable digital footprints. Your digital estate includes all of the digital property you would expect such as .mp3 recordings of songs, social media accounts, and text messages. It also includes your digital rights, meaning the rights to both own and use your digital property. For musicians and composers, this includes the right to use and publish your music. The best way to start planning for future administration of your electronic works is to identify the components of your digital life. Here are a few ways you can begin updating your estate plan to protect your digital afterlife and help loved ones access the information they need to settle your affairs.

Organize all of your Digital Agreements and Contracts

One of the most important ways to help preserve your digital legacy is to carefully document and inventory all agreements you make regarding your artistic works. When you sign contracts or enter into agreements with others concerning your works, you alter your relationship to those works, either temporarily or permanently. As the creator of an artistic work, you have certain legal rights regarding that work. If the work is protected by copyright, you have the exclusive right to reproduce and make copies of your work, to prepare derivative works based on the original work, to distribute copies to the public, and to perform or display your work in public. Many times, agreements that you enter into regarding your intellectual property serve to give others a limited right to distribute your work within a certain time frame, or a right to make copies of your work for a specific purpose. It’s important to keep track of these agreements so that you and the future executor of your estate can make sense of what your rights are regarding your digitally-stored works. Today, plenty of these agreements may also be completed digitally, over email or using .pdfs. Just as you would store a paper copy of a contract, be sure to store all digital agreements that you enter, whether formal or informal. In the future, an inventory of these agreements might help an executor preserve your estate by understanding who has the right to distribute your work, other than the estate itself.

Make Inventory Lists Of Your Digital Assets And How To Access Them

This is a critical yet oft-forgotten consideration when it comes to digital estates. When naming an executor to administer your estate, it is essential to ensure that they have access to your online accounts and protected documents. Your social media, email, banking, and online storage accounts are probably the first things that come to mind. But the list includes much more such as loyalty rewards points, websites and blogs that you run, and domain names that you own. Once you’ve compiled this list, you should document all of the usernames and passwords, and decide who you want to share them with. Additionally, you should decide what you would like to happen to each of these resources. Many of these assets will be easy to administer. A number of states now have laws governing the handling of online accounts upon a user’s death and often, a written authorization is effective for all online accounts. Through a digital asset authorization, will, trust, power of attorney, or other written record, you can direct an online service provider to disclose your accounts’ contents to someone with the legal authority to oversee your estate.

Deciding what to do with some of your other assets will require more thought, particularly if you have a valuable online presence that generates revenue or can potentially be monetized. For example, if you have an online store or a blog that brings in advertising income, you need to consider whether you will want to shut these sites down, pass them on, or attempt to sell. Leaving a letter of direction about how you want certain accounts to be managed can help solve this issue. Whatever your plan is, it is crucial that you inform family that you have made it and store the information in a secure location. While the information may be incredibly sensitive, it must also be accessible so that an executor can put your plan into action when the time comes. Consider the cautionary tale of Leonard Bernstein. When Bernstein died in 1990, he left a draft of his autobiography spanning his lifelong career as a renowned composer, conductor, pianist, educator, and humanitarian on his computer. That memoir, however, only existed as a password-protected electronic document. Because the password was never documented, the memoir, likely a valuable part of his legacy, was never published and remains unopened to this day.

While the basics of estate planning have not changed, the scope has expanded dramatically in recent years. Taking inventory of your digital life to ensure the proper management and orderly transfer of your intangible assets is now a vital component of the estate planning process. As we continue to move into an online, digital society, the crucial information that is often buried deep in your computer files or simply stored away in your mind must be clearly documented in order to best preserve and continue your legacy.

Natalie Koza and Eleni Demestihas are legal interns with the Arts & Business Council of Greater Boston. Natalie, a Detroit native, studies copyright and trademark law at New England Law | Boston. Eleni, a former playwright from Atlanta, studies sports and entertainment law at Boston College Law School.

The Arts & Business Council, home of the Volunteer Lawyers for the Arts of Massachusetts, provides legal and business support services for artists, arts nonprofits, and arts and cultural organizations throughout the state. As part of a partnership with the Joan Mitchell Foundation, the Arts & Business Council is also a national provider of legacy planning resources for artists, having co-authored the Foundation’s Estate Planning Workbook for Visual Artists and Workbook for Attorneys & Executors, available at https://artsandbusinesscouncil.org/estate-planning-legacy-services-for-artists/.

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What Happens to My Digital Assets on Death or Incapacity?

What Happens to My Digital Assets on Death or Incapacity?

What Happens to My Digital Assets on Death or Incapacity?

Click here to view original web page at What Happens to My Digital Assets on Death or Incapacity?

A recent New York case, Estate of Swezey (NYLJ, 1/17/19 at pp. 23, col. 3) highlights the confusion in the laws of many states regarding the administration and distribution of digital assets at a decedent’s death. In this case, decedent’s executor asked Apple to turn over decedent’s photographs stored in his iTunes and iCloud account. No provision in decedent’s Will specifically authorized the executor to access decedent’s digital account. The Court relied on the relatively new section 13-A in the New York Estates, Powers and Trusts Law (“EPTL”), Administration of Digital Assets which provides for different procedures for the disclosure of electronic communications, in contrast to the digital assets. To disclose electronic communication specific user consent is required or a specific court order for an identifiable reason. Other digital assets, such as the photographs requested by decedent’s Executor, are treated like other assets which belonged to decedent at death and are within the purview of the Executor’s general responsibility. The Swezey Executor was trying to access decedent’s photographs. The Court concluded that Apple was required to disclose those photographs.

The Uniform Law Commission promulgated the Uniform Fiduciary Access to Digital Assets Act (the “Original Act”) in 2014. In 2015 the Uniform Law Commission further refined their attempt and came up with a Revised Uniform Fiduciary Access to Digital Assets Act (the “Revised Act”).

The Original Act treated digital assets like traditional assets. The owners could decide what would happen to them and the fiduciaries could have control of them when the owner died or became incapacitated. After a person died, his or her executor would have the same right to access the deceased person’s accounts as the deceased person had during life. And if the executor did not have needed login or password information, he or she could ask the company for access and the company would have to comply. This approach would have given executors the access they need to wrap up the estate – including passing on photos, archiving emails, deleting or modifying social media accounts, paying final bills through bill pay, and canceling subscriptions.

This Original Act met with strong opposition from technology companies as well as from privacy advocacy groups such as the ACLU. They argued that providing executors the authority to access all of a deceased person’s digital assets would invade the deceased person’s personal privacy in ways that they would not have imagined or wanted. Additionally, technology companies argued that elements of the Original Act were contrary to federal privacy laws and state and federal computer fraud laws, forcing companies to violate one law while complying with another.

The Revised Act addressed many of these concerns and greatly reduced the authority of an executor to access digital assets. It also prioritized the document that would control some of these issues.Here are some of the key changes:

  • An executor does not has authority over the content of electronic communications (private email, tweets, chats), unless the deceased person explicitly consented to disclosure.
  • An executor can get access to other types of digital assets, such as photographs or an eBay or PayPal account.
  • The first place to look for authority to disclose digital assets is an “online tool,” separate from terms of service, through which users during their lifetimes can determine the extent to which their digital assets are revealed to third parties, including fiduciaries. (On Facebook, for example, the online tool is known as Facebook Legacy Contact.) If a user has provided direction through the online tool, it will supersede conflicting directives, including those in a Will.
  • Next look to the decedent’s or incapacitated person’s Will, trust or power of attorney to see what explicit instructions and authority, if any, are given.
  • If a fiduciary does not have explicit permission through a Will, trust, or power of attorney, look to the terms-of–service agreements to see the rules regarding access to a deceased or incapacitated person’s account.
  • If the terms of service do not cover the issue, the Revised Act’s default rules apply. Those default rules recognize multiple types of digital assets. For certain digital assets, like virtual currency, the Revised Act gives fiduciaries unrestricted access. For electronic communications, however, the statute does not provide fiduciaries access; instead, it allows them to access a “catalog” of communications consisting of metadata such as the addresses of the sender and recipient, as well as the date and the time the message was received.
  • Fiduciaries may request court orders if necessary. In general, access is only granted to assets that are “reasonably necessary” for wrapping up the estate.
  • Custodians may not provide access to deleted or joint accounts.

The Revised Act has been adopted by a majority of states in one form or another, including New York as evidenced by the enactment of Article 13-A in the EPTL, Administration of Digital Assets. However, as an individual, to be most certain you achieve the results you want, it is best you decide what you want to happen to your digital assets and on line presence if you are incapacitated or dead and have your power of attorney, Will or Revocable Trust reflect these wishes. It is a good idea to catalog your on line presence. Leave specific instructions about how to access your accounts. Include websites or devices needed, as well as usernames and passwords. Tell your executor or attorney in fact what to do with each account. Do you want your stored photos to be shared with family, your twitter account deleted, your blog to be archived and saved? Be as clear and thorough as possible. Why allow someone else to decide? Do it yourself with the help of your estate planning professional.