Promote Your Attorney Profile on Law.net - Get Found / Earn More!
What Exactly is “Legal Tech”?
What Exactly is “Legal Tech”?
Join Facebook’s “Elite”—for Just $9,000
Join Facebook’s “Elite”—for Just $9,000
Trucker Honks at State Trooper for Reckless Driving, Records Conversation that Follows
Trucker Honks at State Trooper for Reckless Driving, Records Conversat...
What Optical Illusions Reveal About You
What Optical Illusions Reveal About You
Job Listings

Delaware First State to Grant Heirs Access to Online Accounts

Digital Inheritance Passed in Delaware

SummaryDelaware has become the first state to pass a law allowing heirs to inherit digital access to online accounts, such as Facebook, Twitter, Gmail, and other services.

What happens to your online identity when you die? So far, as far as the law was concerned, it simply died with you. After all, Facebook explicitly warns against giving your password to anybody, even your spouse, and as for those interested in accessing the account of a Gmail account of a deceased relative, they’ve had to wait for months for Gmail to get the confirmations for this. Delaware has changed things.

Delaware has become the first state to transfer digital assets to heirs and executors. Under the “Fiduciary Access to Digital Assets and Digital Accounts Act,” which was signed into law by Gov. Jack Markell last week, families of the deceased will be able to access their digital world, their private accounts, databases, and so forth, including Twitter, Facebook, and Google.

What

 job title, keywords

Where

 city, state, zip



Get JD Journal in Your Mail
Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!


Though Twitter, Facebook, and Google are all located in Delaware, the law applies only to residents of that state.

“If a California resident dies and his will is governed by California law, the representative of this estate would not have access to his Twitter account under HB 345,” said Kelly Bachman, spokeswoman for the Delaware governor’s office, as reported by Ars.

“But if a person dies and his will is governed by Delaware law, the representative of that person’s estate would have access to the decedent’s Twitter account under HB 345. So the main question in determining whether HB 345 applies is not where the company having the digital account (i.e., Twitter) is incorporated or even where the person holding the digital account resides.”

To many this sounds like the law finally catching up with technology. But others are concerned about privacy. Such access opens up “digital assets such as email, cloud storage, social media accounts, health records, content licenses, databases and more,” said the statement from the Delaware House Democrats.

Jim Halpert of DLA Piper, who is general counsel to State Privacy and Security Coalition, representing Google, Facebook, and Yahoo, has complained about the law.

“There could be pretty confidential information in those accounts,” he said. “The law provides maximum convenience to the executor to an estate without regard to the privacy interests of people who communicated with the person who passes away.”

Such private information could be correspondence between the deceased and his lawyer, psychologist, priest, or whatever else, and those people would find their own part in the correspondence compromised.

Whether other states jump on board with such a law will depend on how these sensitive matters are addressed.

Delaware First State to Grant Heirs Access to Online Accounts by

Tagged: , , , , , , , , ,

Daniel June Posted by on August 21, 2014. Filed under Breaking News,Tech & Science News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

 

 

Job of the Day
Real Estate Paralegal
USA-NY-New York City

Our client, a top New York based law firm, is looking to hire an experienced Real Estate Paralegal for their New York City office. Responsibilities may include: -Coordinating due diligence for a va...