Born In The USA – Level Of Member States

The first legislature of the world which has found our issue to be something worth to take care of was the legal system of the USA. (Of course, I didn’t have a choice to check all the legal systems of the world, so I would receive happily any contradictions in the comments.) It is an interesting question why the USA was the first in this topic. Altought the answer is not as difficult as it seems: all the huge, multinational service providers (Facebook, Google, Yahoo, etc.) are established in America, and – maybe bacause of this fact – using the services of these companies is significantly common among the citizens of the USA.

connecticutAs far as I know, the first state of all was Connecticut in January, 2013 where written acts have been created about the problem of online data which belongs to people who have already passed away [https://www.cga.ct.gov/current/pub/chap_802b.htm#sec_45a-334a]. This act gave the power for the personal representative of the deceased person to access or copy the content of the person’s electronic mail account. The enactment of this act was a historical moment, it is clear.

rhode-islandThe second state was Rhode Islandhttp://webserver.rilin.state.ri.us/Statutes/TITLE33/33-27/INDEX.HTM ], where an act have been enacted word-by-word the same as in Connecticut.

 

 

indianaThe third state was Indiana in the line [http://iga.in.gov/legislative/laws/2016/ic/titles/029/]. This act was really similar to the one from Connecticut and Rhode Island, but used a better terminology by citing „electronically stored information and documents” instead of talking about only the e-mail account.

 

oklahomaThen came Oklahoma [http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=460302] where they tried to find the golden mean between the too specific form used by Connecticut and Idaho and the too general used by Indiana. They put in the focus of their act the following group of data: e–mail account, social networking account, microblogging account, or short messaging service Web site.

idahoIn Idaho [https://legislature.idaho.gov/idstat/Title15/T15CH3SECT15-3-715.htm] we can find the same rules which grant the right for the personal representative of a deceased person’s estate to take control of, conduct, continue, or terminate a deceased person’s e–mail account, social networking account, microblogging account, or short messaging service Web site.

nevadaState of Nevada’s attitude was more conservative [https://www.leg.state.nv.us/NRS/NRS-143.html]. They only gave the right only to terminate the deceased person’s accounts for the personal representative.

 

 

virginiaIn Virginia [ http://law.justia.com/codes/virginia/2014/title-64.2/section-64.2-110/ ], only the personal representative of the deceased minor (person under 21) got right to access the minors online accounts.

 

 

delawareFinally, Delaware enacted a much detailed law based on UFADAA. What is UFADAA? This will be the topic of a following post, so we should stop here.

 

 

 

If we would like to evaluate the initial acts enacted by these states, we can appreciate the efforts and the braveness of creating laws about the online data after death for the first time, but we have to state: these acts by themselves rule only a small part of the big issue, so they are not able to grant a satisfactory solution to the problem.

 

Is this a legal issue at all?

It is a fair question, but the answer is a big indisputable YES. The extremist views about the internet as a law-free zone are left behind for years, but the right answers from legislatures to the sensitive issues of the intemperate use of the web are yet to come.

If we focus on our main topic – legal aspects of online data after death – as far as we know there has been only one legal system until know, where the legislative power tried to find answers for these complicated legal and moral questions.

Of course, we can approach it from a theoretical aspect. If we think of the rules of privacy law, we can be lost easily, because the most of the national privacy laws consider personal data as information which can be connected to a natural person. That means after someones death, his or her online data ceases to be personal data and become… What? There is no answer in these laws for this question.

Only the „right of the dead” which is actually the subsistence of the deceased personal rights, and a legal tool for the relatives can help the mourning relatives to defend their lost loved one’s memory against offending comments and other immoral online actions, but it does not mean they have right to get access to the leftover online data, family pictures, unsent messages, etc. This is the Bermuda Triangle of this topic, where there are so less answers, and several uncleared issues.

As far as we know we can find related acts in the legal system of the United States. There are two levels of these acts: federal and on the level of member states. What is the content of these laws, and what is the relationship from the aspect of application? This is what my next post is going to be about.

“Let there be light”

This is the first post on this site, so I think it should be standout, especially interesting and high effective. I hope without any linguistic tricks or over usage of twisted legal cases, the subject of this site itself can grab your attention.

Have you ever been wondering what happens with someone’s Facebook profile, e-mail account or World of Warcraft character when he or she passes away? I don’t blame you, if the answer is no.

Although it is not a question of doubt that the Internet become a second level of our life in the last decades. We start our day with the news on our phone, on the way to work we check our Facebook profile, at work we send dozens of e-mails, and when we finally get home in the afternoon, play some online games to switch off our brain. Furthermore after a holiday or a great meal, we can’t wait to share the photos with our friends and followers. But what happens when we lose someone we love and with this person we lose the access with some valuable, emotionally relevant content (unsent last messages, online stored last selfies, etc.)?

Maybe we can answer this question from the view of the practical life, but it is such a complicated issue if we approach it from the aspect of law. Since 2013, I’ve been trying to collect all the knowledge we have about the legal and practical aspects of online data after death, and find the best solution between locking all these emotionally valuable data forever and opening Pandora’s box.

On this site, I will publish all the legal and practical solutions I found,especially in the American and Hungarian legal system and I encourage you, Dear Visitor to share your thoughts with us, or contact me to ask questions or start a conversation (see Contact below).

I hope with starting this blog, I can help this topic to get to more people and I also hope it will help me to get in touch with people who are also interested in this very current issue.

Szabolcs