The ordinance that the data ownership after dead is transferred to the heir's heir is finally passed

ByHugovk

Everyone is concerned about how the digital assets such as images and mails stored on the device and the Internet are disposed of when the user dies. In the state of Delaware in the United States, laws that guarantee the right to access the data by the heirs of the user's heirs have passed the law for the first time in the United States and ripples are spreading.

Rep. Scott's first-in-nation digital assets bill becomes law | Delaware House Democrats
http://www.dehousedems.com/press/rep-scotts-first-nation-digital-assets-bill-becomes-law

HOUSE OF REPRESENTATIVES 147 th GENERAL ASSEMBLY
http://www.legis.delaware.gov/LIS/lis147.nsf/vwLegislation/HB+345/$file/legis.html

Delaware becomes first state to give executors broad digital assets access | Ars Technica
http://arstechnica.com/tech-policy/2014/08/delaware-becomes-first-state-to-give-heirs-broad-digital-assets-access/

Delaware governor Jack Markell signed the House of Representatives "Fiduciary Access to Digital Assets and Digital Accounts Act(FADAA) "is to" give heirs and wills executors the legal control of digital accounts and devices owned by deceased people ", in other words, the deceased's digital property is the same as land and money It means that rights transfer to heritage heirs.

FADAA applies only to people living in Delaware. Kelly Bachman of the Delaware state government spokesman said, "If a Californian dweller dies, there is no right to access the deceased's Twitter account by the estate heir, but when a person living in Delaware died, FADAA It applies and the heirs hearing will be given the right to access the deceased's Twitter account. "

ByDanilo Ramos

However, FADAA has problems to solve.

FADAA stipulates that "the heir's heir has the same rights as the deceased had based on state law, federal law, and end user license agreement"Facebook Terms of UseSection 4 of Article 4 shall not share the password (secret key in the case of developers), permit other people to access the account, and do not do anything that may threaten the security of the account "It is written. In other words, even if FADAA is applied, the same rights that the deceased had on the digital asset will be based on the end user license agreement, so it is necessary to follow the "password forbidding prohibition" in Facebook's terms of service I will come.


According to Daryl Scott, member of the Delaware House of Representatives, this is one of the problems that arise because American laws can not keep up with technology progress. On the other hand, some people are opposed to the passage of FADAA, lawyers,State Privacy and Security CoalitionJim Halpert, who is also the director of the company, said that "FADAA protects the rights of the deceased and will infringe on the privacy of companies that preserve the data that he / she left over in a considerable amount of time."

Although it is just passed FADAA, there are still problems and business rebellion, and I am wondering how it will be operated in the future.