Who will own our digital legacy when we are gone?

When I need to see footage of my nice-grandparents, it usually includes rifling via an outdated shoe field of images that has been handed down by the household. It is a straightforward idea: bodily picture field, single copies, handed from hand handy. But now we have a brand new type of legacy, a digital one. So when our nice-grand kids wish to see our footage, they will doubtless do the longer term equal of “go surfing” and search us. This brings up two questions:

What digital legacy are we abandoning for folks to see?

Who will own our digital legacy when we are gone?

I don’t think about that is the primary time society has handled this sort of scenario. In the time of precise gold bars and paper cash, individuals additionally handed their monetary legacy in bodily type and from hand at hand. Once banking establishments began to deal with cash and challenge statements, then the belief wanted to be handed over reasonably than the precise cash. Over the years, legal guidelines have been established that dictate who might inherit your accounts and below what circumstances.

Hopefully someday we will have the identical legal guidelines in place for digital property, however in the present day we don’t. A good instance is Facebook, who made the information just lately on this regard as a result of they launched their 10-yr A Look Back movies, the place some households of deceased members needed entry to these movies. It introduced into query what info household ought to or shouldn’t have entry to. If a consumer signed a privateness settlement then the net supplier is obligated foremost to stick to that settlement, even within the person’s demise. After being inundated by requests, Facebook is now releasing the look again movies however on the similar privateness ranges beforehand stipulated by the consumer.

What occurs with legacy accounts immediately?

If an executor has a consumer’s login data, they could check in on their behalf. Caveat: some service’s phrases and circumstances that say that solely the precise consumer is permitted to register with their account data so a second individual utilizing their login breaches the contract and is definitely unlawful. For different companies, relations are entitled to the knowledge, particularly within the case of minors.

Since the definition of who could make requests in your behalf put up-mortem modifications by service and placement, I will use FFE to signify Family, Friend or Executor. In each case, a dying certificates is required to make modifications. Note that in some circumstances accounts are closed and, in others, information is definitely deleted. Here is an inventory of a number of the larger on-line establishments and their insurance policies on accounts belong to the deceased:

Email

• Gmail – FFE can apply to Google for entry to an account of a deceased. Google will make an evaluation to find out if entry is granted.
• Yahoo – Account will be terminated and all contents therein completely deleted. Their privateness coverage explicitly states that customers ”agree that their account content material received’t be transferred with out their specific permission.” To guarantee an account will get transferred at loss of life, “customers want to supply consent and their account info of their property plans.”
• Hotmail – FFE can apply to Microsoft for a duplicate of the deceased e-mail on discs. They will not give out passwords or login data.

Social Networks

• Facebook – FFE has the choice to memorialize or delete an account. A memorialized account has the identical privateness settings that it had beforehand. The threat if a household choses to memorialize is that nobody owns the account so the wall will be written on and messages can’t be eliminated. This is at the moment being contested by relations who really feel these pages are open to having unfavourable or bullying messages on them. Facebook is an instance of a service that an FFE is just not permitted to make use of with identified passwords to entry a deceased’s account: ”Please needless to say we can’t present login data for a memorialized account. It is at all times a violation of our insurance policies to log into one other individual’s account.”
• Google+ – FFE can apply to Google for entry to an account of a deceased. Google will make an evaluation to find out if entry is granted.
• Tumblr – Accounts will be terminated and deleted. Password will not be offered. Any reblogged content material will stay within the system.
• Instagram – The account will be closed. They will not present login info.
• MySpace  – Account will be cancelled and deleted.
• LinkedIn –  FFE can request that the account be closed.
• YouTube – Allows the FFE or energy of legal professional management of the account and all the content material.
• Twitter – Account will be deleted. If left inactive, account will not be deleted however stands as an ‘unofficial’ memorialization.

Online buying

• eBay – Account will be closed and all buyer particulars will be deleted from the eBay database.
• PayPal – Account will be closed. If there’s cash within the account a cheque will be issued within the identify of the account holder.

Dating websites

• Match.com – Will block the account of a consumer who has died in order that it’s not seen on the positioning. The FFE or energy of legal professional will have to contact Match.com to retrieve account info.
• eHarmony – Account will be closed.

What are you able to do at present to guard your id tomorrow?

S. Give somebody your passwords.

Put these someplace protected in your house or with somebody you belief. If you have got a will, you’ll be able to embody them there. Or give them to a trusted member of the family in a sealed envelope. Regardless of the place you retailer them, they need to be the place they are often discovered and used later, in any other case entry to these accounts will be misplaced completely. Though some websites at present prohibit entry to your account by another person, these insurance policies might change.

P. Put your intentions in your will.

You ought to listing your on-line accounts and what the executor ought to do in every case. Examples: shut the account instantly, entry the contents after which shut, or memorialize.  Think of it as for those who owned a private diary, a photograph album and a chunk of paintings. You might dictate that you really want the diary disposed of with out opening, the album handed to at least one member of the family and the art work hung in a public place.

O. Consider an out of doors service

While I don’t have expertise with any of those, a search reveals loads of on-line choices to guard and execute in your directions on your on-line accounts. A few I turned up had been Legacy Locker, Afternote or Cirrus Legacy. In some circumstances, a single button will delete or grant entry to accounts.

legacy photo box

When I want to see pictures of my great-grandparents, it typically involves rifling through an old shoe box of photos that has been passed down through the family. It is a simple concept: physical photo box, single copies, passed from hand to hand. But now we have a new kind of legacy, a digital one. So when our great-grand children want to see our pictures, they will likely do the future equivalent of “go online” and search us. This brings up two questions:

What digital legacy are we leaving behind for people to see?

Who will own our digital legacy when we are gone?

 

I don’t imagine this is the first time society has dealt with this kind of situation. In the time of actual gold bars and paper money, people also passed their financial legacy in physical form and from hand to hand. Once banking institutions started to house money and issue statements, then the trust needed to be handed over rather than the actual money. Over the years, laws have been established that dictate who may inherit your accounts and under what circumstances.

Hopefully one day we will have the same laws in place for digital assets, but today we do not. A good example is Facebook, who made the news recently in this regard because they released their 10-year A Look Back videos, where some families of deceased members wanted access to those videos. It brought into question what information family should or should not have access to. If a user signed a privacy agreement then the online provider is obligated foremost to adhere to that agreement, even in the user’s death. After being inundated by requests, Facebook is now releasing the look back videos but at the same privacy levels previously stipulated by the user.

What happens with legacy accounts today?

If an executor has a user’s login information, they may sign in on their behalf. Caveat: some service’s terms and conditions that say that only the actual user is permitted to sign in with their account information so a second person using their login breaches the contract and is actually illegal. For other services, family members are entitled to the information, especially in the case of minors.

Since the definition of who can make requests on your behalf post-mortem changes by service and location, I will use FFE to represent Family, Friend or Executor. In every case, a death certificate is required to make changes. Note that in some cases accounts are closed and, in others, data is actually deleted. Here is a list of some of the bigger online institutions and their policies on accounts belong to the deceased:

Email

• Gmail – FFE can apply to Google for access to an account of a deceased. Google will make an assessment to determine if access is granted.
• Yahoo - Account will be terminated and all contents therein permanently deleted. Their privacy policy explicitly states that users ”agree that their account content won’t be transferred without their explicit permission.” To ensure an account gets transferred at death, “users need to provide consent and their account information in their estate plans.”
• Hotmail - FFE can apply to Microsoft for a copy of the deceased email on discs. They will not give out passwords or login information.

Social Networks

• Facebook - FFE has the option to memorialize or delete an account. A memorialized account has the same privacy settings that it had previously. The risk if a family choses to memorialize is that no one owns the account so the wall can be written on and messages cannot be removed. This is currently being contested by family members who feel these pages are open to having negative or bullying messages on them. Facebook is an example of a service that an FFE is not permitted to use with known passwords to access a deceased’s account: ”Please keep in mind that we cannot provide login information for a memorialized account. It is always a violation of our policies to log into another person’s account.”
• Google+ - FFE can apply to Google for access to an account of a deceased. Google will make an assessment to determine if access is granted.
• Tumblr - Accounts will be terminated and deleted. Password will not be provided. Any reblogged content will remain in the system.
• Instagram – The account will be closed. They will not provide login information.
• MySpace  – Account will be cancelled and deleted.
• LinkedIn -  FFE can request that the account be closed.
• YouTube - Allows the FFE or power of attorney control of the account and all of the content.
• Twitter – Account will be deleted. If left inactive, account will not be deleted but stands as an ‘unofficial’ memorialization.

Online shopping

• eBay - Account will be closed and all customer details will be deleted from the eBay database.
• PayPal - Account will be closed. If there is money in the account a cheque will be issued in the name of the account holder.

Dating sites

• Match.com - Will block the account of a user who has died so that it is no longer visible on the site. The FFE or power of attorney will need to contact Match.com to retrieve account information.
• eHarmony - Account will be closed.

What can you do today to protect your identity tomorrow?

1. Give someone your passwords.

Put these somewhere safe in your home or with someone you trust. If you have a will, you can include them there. Or give them to a trusted family member in a sealed envelope. Regardless of where you store them, they should be where they can be found and used later, otherwise access to those accounts can be lost permanently. Though some sites currently prohibit access to your account by someone else, these policies could change.

2. Put your intentions in your will.

You should list your online accounts and what the executor should do in each case. Examples: close the account immediately, access the contents and then close, or memorialize.  Think of it as if you owned a personal diary, a photo album and a piece of artwork. You may dictate that you want the diary disposed of without opening, the album passed to one family member and the artwork hung in a public place.

3. Consider an outside service

While I don’t have experience with any of these, a search reveals plenty of online options to protect and execute on your instructions for your online accounts. A few I turned up were Legacy Locker, Afternote or Cirrus Legacy. In some cases, a single button will delete or grant access to accounts.

Though many people, including myself, do not enjoy discussing topics related to death, this is an important topic of which everyone should be aware. Your digital legacy is one of your assets so you should make plans around future ownership, as you would anything else you owned.