Many people prefer "black and white" answers to their questions. When preparing for someone's digital afterlife, however, it's just not that easy. The following 10 concepts are meant to get you thinking about estate planning for your computer, as well as providing you with suggestions on how to get started.
1. What's Mine is Mine and What's Yours Is Mine
With computer software and the Internet, we've entered the world of esoteric assets and non- traditional property. Digital information is reclassifying terms such as "mine" and "property." Often times when opening an on-line account or downloading software, you don't own the actual content. Rather, you're receiving the right to access that content (called a limited license).
That license is granted to you-and generally you and no one else-when you click "I agree" to the service provider's contract. It's that lengthy legalese in tiny text that pops up on our screens whenever we open a new on-line account.
Example: Over the years, an individual spends $10,000 building an extensive iTunes collection. He doesn't own the songs like a traditional record, cassette or CD, but he (and he alone) has the right to listen to those songs. When he dies, what happens to that collection? He never "owned" it to begin with; therefore, "it" (which is really just access to the songs) can't be sold or transferred.
2. Clash of the Titans
In the growing debate between the dissemination of information (end users freely sharing their access) and wanting to keep it private (companies determined to protect their assets and safeguard their customers), no-one has yet come up with an easy solution to this complicated issue. Sans a King Solomon, "no-one" in this case means federal and state legislation. Currently there are few states with appropriate legislation, so that leaves the federal government.
3. Federal Anti-Piracy Laws - A Good Idea to Know They Exist
Ever share passwords with family, friends and colleagues? What about business partners or the executor of your will? Then you (along with millions of others) may be violating the terms of your on-line agreement (the contract mentioned earlier), and some federal anti-piracy laws (the only thing we've got right now pertaining to digital data).
4. Back to the Future
It has been said that two thousand years ago, civilization's knowledge base was doubling about every one thousand years. Today we're doubling that base every 2 weeks. With the law generally 2-1/2 steps behind society, imagine the catching up it has to do with digital information. Until test cases are heard and more and different laws are passed, what's a person to do?
5. You've Taken the First Step
Feel good about that. Just reading articles such as this and mulling over the concepts is to become aware. Knowing is one-half the battle.
6. What Next? It Doesn't Include Obsessing.
No need to obsess about protecting your digital data. No need to make hard copy back-ups of everything. Instead, when you next have a bit of free time, take stock of your accounts and, along with their passwords, list them somewhere safe (there are apps for this, by the way).
7. The Catch-22 That Will Be Straightened Out Someday
Notwithstanding the potential violation of anti-piracy laws, it would be a good idea to give someone that list. (The caveat in the previous sentence is a good indicator of the conundrum we're facing.) Monitor your data and, as accounts are added and deleted and as passwords are changed and new ones are acquired, revise your list and give the update to the appropriate person(s).
8. When They Die, We Delete
Nope, not that simple. Considering social media alone, every platform has its own terms dealing with the death of an account holder. Rarely are those terms as simple as deletion upon 6 months of inactivity.
Wikipedia maintains a page entitled "Death and the Internet" where they list the terms of service that certain providers follow when it comes to sharing information and dormant accounts. It's worth noting which of these providers you may use and then take stock of the applicable policy. One thing that's immediately apparent is that there is no such thing as an industry standard.
9. Power to Manage Digital Media
Yes, there is such a thing. In fact, law firms are beginning to include Power to Manage Digital Media in their clients' trusts and durable powers of attorney. While this will not solve every problem, it is certainly a step in the right direction.
10. "Do The Best You Can"
That's one attorney's answer to people's general query about their digital data. "Sometimes they're frustrated with that answer," he added. In this rapidly-evolving Information Age, it's understandable that some people might feel that way. Yet, "do your best" is his reassurance that, instead of fretting ceaselessly about digital data, time could be better spent overseeing on-line accounts. Use the steps below to do just that:
a. prepare and maintain a list of your accounts and passwords,
b. continue to let people know how to get that information (while keeping the anti-piracy laws in the back of your mind),
c. consider how you'd eventually like your digital life handled, and
d. when creating or revising your will and estate documents, add the digital data into your asset category.
Kimberly A. Hughes / Kimmunitee Creator/ http://www.kimmunitee.com/
I'm a writer who has the gift of curiosity. Meeting people and sharing their expertise with the world around me is great fun. Many thanks to Attorney Eido M. Walny for letting me do just that with this article. ( http://www.walnylegal.com/ )
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