Today’s society is
increasingly dependent on technology. With this dependence comes a growing
online presence as well as all the data, documents and passwords associated
with those online accounts… Most folks immediately assume that means just the
various social media platforms on which each of us communicate. Yes, social
media is included, but it’s so much more than that. In addition to websites,
there are password-protected apps on your laptops and mobile devices. This
includes your emails, online banking, shopping wish lists, loyalty programs,
travel-booking sites, iTunes music libraries, bill paying, web-based photo
albums, online file repositories, collaboration tools and more. Our digital
footprints are scattered, and the list seems endless!
Amidst all the confusion,
though, there is good news… The Uniform
Law Commission has created (and approved on July 16, 2014) the Uniform Fiduciary Access to Digital Assets Acts, designed to “let relatives access
the social media counts of the deceased”, per NPR. This act overrides the terms
of service of Internet companies who restrict account access to only the user
and requires states to define details.
Still, gone are the days when
whoever you designate to handle your estate can collect your mail for a few
months to see all the accounts that need to be addressed… By not specifically addressing your digital afterlife, you risk issues
with online bills or financials, loss of data (including sentimental items of
photos, status updates, communications and more as well as items with monetary
value, like music, movies, etc) and losing control of your personal legacy.
However, how can you convey that applicable data to whichever personal
representative you need handling it?!? Further, should your emails, digital
photo albums and online accounts die when you do or can you pass them along to
heirs as you do physical items, like a house, an automobile, stocks and prized
possessions? While I am certainly not a lawyer and do not have all such expertise, I
see the importance of addressing my digital afterlife and have been doing some
research.
Where can YOU start and what can YOU do to address this situation?
First, I recommend creating a digital estate plan. Like estate plans in
the traditional sense, this would details your
wishes about what you want done with what is yours once you are no longer
living. Further, within this digital estate plan, appoint a Digital Executor, who is the person you designate to
execute your wises for your digital assets. You’ll need to stipulate in your
will that this Digital Executor should have a copy of your death certificate as
proof for websites to take action.
Using a password manager to generate, save and
autofill your many passwords would make life easier for your heirs. With one of these tools, the password manager’s password is the only one you must remember, protect and make
available to your heirs. Plus, by using many of these, you can store
vital documents (like your will) in a vault that's part of your password
manager account. Great examples of a password manager that would help are
LastPass, SplashID, 1Password, Roboform and Dashlane.
If you are uncomfortable with
a password manager, as an alternative, you could utilize a password-protected
memory stick or flash drive; however, storage of this device could prove tricky
as there is often quite a delay before heirs are legally allowed to access your
safe-deposit box. Therefore, if you
choose the alternative of a password-protected memory stick, you’ll want to
store that in a fireproof home safe.
Victoria Blachly, an
estate-planning attorney with Samuels Yoelin Kantor in Portland, OR, recommends
that you put all details about your
online accounts in a VAIL or Virtual Asset Instruction Letter. Your VAIL
should indicate which email or social media accounts to delete, conveying your
wishes to your heirs for them to take the necessary next steps. Put a copy of
your VAIL on a password-protected flash drive or CD, locking both the digital
and hard-copy VAIL in a safe.
Further, with the
aforementioned legal battles happening, it is very important to update your Power of Attorney document to
include language specifically allowing your designated heir to access emails
and other electronic data. If you’re incapacitated, this gives your
designated person ability to manage your financial affairs.
As another alternative, there are online afterlife companies (or
digital vaults) that pledge to store and distribute postmortem your designated digital
assets, such as Cirrus Legacy, DeathSwitch, DeadSocial, Eterniam, IfIDie.org, PasswordBox, LivesOn, Planned Departure and SecureSafe. An assigned “digital heir” is provided your passwords once a valid death
certificate and proof of the heir’s identity are received. Basically, they
allow you to specify “beneficiaries” to receive information about your accounts
once death is verified. However, I am extremely wary of these due to all the
legal activity currently related to individuals’ digital afterlife. It’s a
fluid situation right now, and I’m not convinced of these companies’ stability.
Plus, what if you depend on a company for all of your digital data, documents
and passwords but that company goes out of business?!?
An interesting substitute for
the aforementioned online afterlife companies is Perpetu, which is a startup
that was founded by an intellectual property lawyer and banker. You sign up for Perpetu with your email,
Facebook or Twitter account; once logged in, you see a list of services you can
add to Perpetu, including Facebook, Twitter, LinkedIn, Gmail, Dropbox, Flickr,
Instagram and GitHub. For example, you can schedule a final wall post for
your Facebook profile or tell Perpetu to email a download of your Facebook
photos, status updates and private message to a selected someone. You can
select repositories on GitHub to make public after you die or tell Perpetu to
email a download of your LinkedIn contacts to a designated person. Unlike the online afterlife companies I
mentioned earlier, Perpetu doesn’t
ask users for their passwords; instead, you select what information is
downloaded and sent to your contacts.
Websites want to honor their privacy
agreements with users. Further, thus far, the legal system has made clear that
its desire is to respect the wishes of technology users; however, unless you communicate your specific
wishes, the courts and society in general can only guess, assume and infer what
those wishes might be.
Assuming you are able to use
a password manager or password-protected device to pass along to your heirs the
data, documents and passwords associated with the accounts in your online
presence, there are certainly many “next steps” to consider, particularly as
different sites have various approaches to resolving your digital afterlife…
- - Facebook: In January 2014, Facebook altered its digital afterlife policy to turn a deceased person’s page into “memorial mode” and make it publicly available, but shutting down a deceased person’s Facebook account requires the user’s birth certificate, death certificate and proof the person submitting the request is the lawful representative of that deceased user.
- - Google: Google Inactive Account Manager allows you to choose a trusted contact who will be notified by email and phone when your account has been inactive after a specified length of time and who can also be given access to the Google accounts you choose.
- - Twitter: In its website’s support area, Twitter offers a contact form to assist in deactivating, not transferring, the deceased’s account.
- - Yahoo: In America, Yahoo accounts are nontransferable but can be terminated after submitting a detailed request; alternatively, in Japan, Yahoo has created “Yahoo Ending” to send an email the user has prepared to as many as 200 addresses and open a “memorial space” board for people to leave condolence messages.
Please start by taking some
time to think about these items:
- - What do you envision for your social media content after you die?
- - What would you like to happen to your blog when you die?
- - Do you want your Digital Executor to make an announcement online?
- - Where would you like your obituary posted?
- - Would you like a guestbook activated on your website?
- - Would you like your website, blog and / or social media presence to turn into a virtual memorial when you die?
- - Do you have a list of all websites on which you have a presence as well as the passwords for accessing those accounts? Where is it?
Want to see more about the
items discussed here? You can view a recent interview I did with Julie Coraccio
of Clearing the Clutter Inside & Out by clicking here, and stay tuned for
an edited version of the video soon.
As you proceed in addressing
your digital afterlife, you might find some resources helpful… Evan Carroll and
John Romano have written Your Digital Afterlife to assist, and their
website of TheDigitalBeyond.com provides many different strategies you can
explore. Alternatively, social media and marketing consultant Adele McAlear
offers DeathAndDigitalLegacy.com for more information. Investigating the
Uniform Fiduciary Access to Digital Assets Act and how your state is moving
forward on its approval will help to localize your actions. Plus, review this US Government blog post about creating a social media will. Finally, seeking
advice from a lawyer in your region is most highly suggested.
Do you have a plan for your digital afterlife? Have
you shared your wishes with a loved one? If not, what can you do now to
prepare?
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