US state Delaware law will see families inherit the deceased's digital accounts
Grieving Delaware residents now have the right to access their dead relatives' digital estate, including emails, photographs and social networks, after the state passed the first-of-its-kind law in the US.
Familes under law could access the deceased's private correspondence
Governor Jack Markell last week signed the ‘Fiduciary Access to Digital Assets and Digital Accounts Act’ which allows heirs and executors legal possession of the deceased’s online accounts, similar to how they would inherit a physical object in the will.
The act shifts control of the deceased’s online accounts and social networks from digital companies to family members, in a bid to clarify the state’s digital inheritance law.
Kelly Bachman, from the Delaware governor’s office, told Ars Technica: “If a California resident dies and his will is governed by California law, the representative of his estate would not have access to his Twitter account under [the law].”
“But if a person dies and his will is governed by Delaware law, the representative of that person’s estate would have access to the decedent’s Twitter account under [the law].”
Daryl Scott, one of the act’s authors said: “This problem is an example of something we see all the time in our high-tech age - our laws simply haven’t kept up with advancements in technology.
“By signing this bill into law, we’re helping to protect the rights and interests of the average person in the face of a rapidly evolving digital world.”
However, the bill contradicts the terms and conditions of websites such as Facebook, Google, Apple and Amazon, which prohibit the disclosure of user passwords.
Jim Halpert, an attorney representing Google, Yahoo, Facebook and other firms, responded to the bill on behalf of the firms, he said: “This law takes no account of minimising intrusions into the privacy of third parties who communicated with the deceased."
Halpert added as a result of the law, families have access to communications with still-living individuals and that may breach federal privacy laws.
This comes after Twitter on Wednesday launched a new policy allowing users to request the removal of dead family member's photos after trolls harassed Zelda Williams with pictures of her dad earlier this week.