Delaware becomes first state to give executors broad digital assets access

[AnemicOak]

Delaware has become the first state in the US to enact a law that ensures families’ rights to access the digital assets of loved ones during incapacitation or after death.
Last week, Gov. Jack Markell signed House Bill (HB) 345, “Fiduciary Access to Digital Assets and Digital Accounts Act,” which gives heirs and executors the same authority to take legal control of a digital account or device, just as they would take control of a physical asset or document.

http://arstechnica.com/tech-policy/2...assets-access/

[DuckieTigger]

It is a double edged sword. Doesn't sound that there is ways to specifically opt in or opt out. Guess you would automatically opt in and can only specify who will inherit what in your will? If you decide that you want access to your digital content to cease when you die, then there should be provision for it. In that case the estate should not even get access to the content, but should only be allowed to notify the host of the content to remove any access and delete the content.

[pdurrant]

About time too. Let's hope similar laws are enacted elsewhere.

[Apache]

Originally Posted by pdurrant

About time too. Let's hope similar laws are enacted elsewhere.

+1
Apache

[DiapDealer]

Originally Posted by DuckieTigger

Guess you would automatically opt in and can only specify who will inherit what in your will? If you decide that you want access to your digital content to cease when you die, then there should be provision for it. In that case the estate should not even get access to the content, but should only be allowed to notify the host of the content to remove any access and delete the content.

I don't really see why it should be any different than physical property in that regard. Is any judge in the land going to enforce the destruction of physical property simply because someone indicated that's what they wanted to happen in their will?

Just like with physical property, you're still very much at the mercy of your executor/family as to how closely your instructions are actually followed.

I see this as a huge step in the right direction. Much better than having no hope whatsoever that your wishes for the handling of your digital assets are honored upon your death.

[sirmaru]

Digital rights can now be passed down by giving one's ID's and passwords to heirs. The issuing organization has no way to know who is using those ID's and passwords.

Swiss banks used to issue numbered accounts without any reference to actual people. Thus, anyone knowing the number could access and use those assets.

The problem was, if people died and never shared those numbers, the banks would then own the property after 10 years if there was no action in the accounts.

That practice has since been abandoned due to the use of those accounts to hide assets from income and estate taxes resulting in complaints from other countries.

[tubemonkey]

Originally Posted by DiapDealer

Just like with physical property, you're still very much at the mercy of your executor/family as to how closely your instructions are actually followed.

That's why it's smart to give most of your stuff away before you die.

[DuckieTigger]

Originally Posted by DiapDealer

I don't really see why it should be any different than physical property in that regard. Is any judge in the land going to enforce the destruction of physical property simply because someone indicated that's what they wanted to happen in their will?

Just like with physical property, you're still very much at the mercy of your executor/family as to how closely your instructions are actually followed.

I see this as a huge step in the right direction. Much better than having no hope whatsoever that your wishes for the handling of your digital assets are honored upon your death.

Yes, step in the right direction.

Depends on how sensitive the content is and how bad that content would be in the wrong hands might need a change. I suppose you could make sure that you appoint an administrator you can trust to not let such information fall in the wrong hands.

Originally Posted by DiapDealer

I don't really see why it should be any different than physical property in that regard. Is any judge in the land going to enforce the destruction of physical property simply because someone indicated that's what they wanted to happen in their will?

Just like with physical property, you're still very much at the mercy of your executor/family as to how closely your instructions are actually followed.

I see this as a huge step in the right direction. Much better than having no hope whatsoever that your wishes for the handling of your digital assets are honored upon your death.

Good points, but I think there are some historical cases where a person requested their family or executor to destroy letters and documents upon their death. Supposedly George Washington requested that Martha destroy their personal letters to one another and she apparently complied by doing so. No doubt there have been people who wanted to cover their business, political, personal tracks and had someone entrusted do so after they died. But with digital records it is a whole different story as multiple copies can easily exists that even the original author knows nothing about. And anything that has ever been posted to the internet or stored on any servers anywhere would be very difficult to eradicate even if the judge agreed to do so. What happened in Las Vegas might stay there if it wasn't digitized, but if it was digitized people are going to be seeing it for a long long time, like it or not!

[tubemonkey]

Smart people destroy personal papers, letters, documents, photos, etc themselves. Pick a date, come to terms with the impending loss, then have a bonfire.

[DuckieTigger]

Originally Posted by tubemonkey

Smart people destroy personal papers, letters, documents, photos, etc themselves. Pick a date, come to terms with the impending loss, then have a bonfire.

Not all causes of death are natural. Accidents happen. Sometimes you get pushed off a cliff. Hate to be the first one to get pushed off the cliff just so someone can get access to my digital stuff. Well I personally have nothing to hide, but some might.

[Barty]

What we need is an artificial intelligent agent to destroy all our digital assets and footprint if it hasn't heard from us in x days. The doomsday machine.

[Little.Egret]

Originally Posted by Barty

What we need is an artificial intelligent agent to destroy all our digital assets and footprint if it hasn't heard from us in x days. The doomsday machine.

The number who don't make or update wills proved that this is too difficult for many.

What's the longest time anyone 'came back' ?

As after kidnap, lost memory, Andes air crash , coma etc.

Ten years in a coma ?

[crich70]

Originally Posted by DiapDealer

I don't really see why it should be any different than physical property in that regard. Is any judge in the land going to enforce the destruction of physical property simply because someone indicated that's what they wanted to happen in their will?

Just like with physical property, you're still very much at the mercy of your executor/family as to how closely your instructions are actually followed.

I see this as a huge step in the right direction. Much better than having no hope whatsoever that your wishes for the handling of your digital assets are honored upon your death.

I agree. If I want to leave my physical books to someone I can do that so why not access to my digital books as well? As far as changing data on an account I'd have to do that myself if I lost my bank card or it was stolen so what is the difference between having my account info. on the account I have at Kobo, Amazon, etc. and that of my heirs? In essence I'd have my books in a locked library cabinet and would just be leaving person x the key (account name and password) so that they could have access after I'm gone.