A question that concerns many in today's online community is what happens to the online accounts of someone who has died. Will their loved ones or relatives be able to access their digital life, from email, Instagram, Facebook, to financial accounts, after they die? The above questions create the need for a bill that will allow or prevent this.
It’s one of the most important legal dilemmas of recent years, and to date only a few states have clear laws about whether, for example, a parent should be able to access their child’s Facebook if the child dies, or whether a wife should be able to access her deceased husband’s financial information or locked email. This week at its annual meeting, the Uniform Law Commission in Chicago (a group of lawyers appointed to write clear new legislation) will finalize a law that would give loved ones access to all of the digital accounts of people who have passed away. Unless they didn’t want it.
As the Associated Press reports today, the bill would create a special legal process for them to gain access, which can be incredibly difficult today:
Most people assume they can decide to share their passwords with a trusted family member, or even list their passwords in their will. But there are problems. In addition to exposing passwords when they write them in a will, anti-piracy laws and a company’s “terms of service” prohibit anyone from accessing an account that isn’t theirs. This means that relatives and loved ones could technically become criminals if they log into the account of a loved one who has passed away.
This is true even if they have the password. Putting them with giants like Google will make the process even more difficult. And for a grieving family, it can be nearly impossible.
The bill would give access, but not control, to loved ones and relatives unless there is a provision in the will that prohibits it. The question is, should we all make a will tomorrow to ensure that our parents, children or spouses cannot access certain email accounts?
