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Digital account inheritance law passes in Delaware

Ownership of digital assets is an ongoing legal debate. A new law in Delaware allows individuals to bequeath their digital accounts, email, Twitter, World of Warcraft, to an heir or estate. This is important evolution to treating digital accounts the same way physical assets or documents might, though the influence of this law may not be as vast as intended or needed. For example, in states without such protections, individuals could include their user name and passwords in their will. Though this may have some security issues (can you trust your lawyer), it is a simple way to ensure account information isn’t lost forever. Some terms of services, like Facebook, forbid this type of transfer, though how will they know.

Yahoo received significant publicity for refusing a family access to their son’s email account after he was killed in action in Iraq. This law may help in situations like this if the will is executed in Delaware. Whether this law is needed nationally remains uncertain. I would prefer data portability and privacy laws be emphasized over the right to bequeath an email account. A data portability law, giving the user some or complete ownership of their data, like email or web history, would allow users to download, backup, and move information between services. This then turns digital accounts into more specific files and data what are already owned by the individual. The information in these accounts is important while the user is still alive and that should be the priority for new legislation.


So, what do you think ?