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'{{Multiple issues| {{refimprove|date=October 2011}} {{notability|date=October 2011}} {{essay-like|date=October 2011}} }} '''Digital inheritance''' is the process of handing over (personal) [[Digital media|digital assets]] to (human) [[Beneficiary|beneficiaries]]. These digital assets include [[digital estate]]s and the right to use them.<ref>van Niekerk, A.J. (2006) The Strategic Management of Media Assets; A Methodological Approach. Allied Academies, New Orleans Congress, 2006</ref> == History == The [[Roman law]] introduced the concept of universal [[Inheritance|succession]], which means that in [[inheritance law]] the [[heir]]s enter into the legal position regarding [[property rights]] (includes duties and rights) of the testator by law.<ref>{{cite web|url=http://www.rechtslexikon-online.de/Universalsukzession.html |title=Universalsukzession |publisher=Rechtslexikon-online.de |date= |accessdate=2013-08-01}}</ref> == Unique Characteristics of Digital Assets == Digital assets are (in contrast to physical assets) more dynamic in appearance and fugacity. Data sets that can be inherited can include [[password]]s, instructive [[memorandum|memo]]s, digital [[contract]]s, digital [[receipt]]s, pictures, medical information (e.g. about inheritable diseases). Today, more and more values are resting on media that are not owned by the data owner but by service provider (e.g. [[Google]], [[Apple Inc.|Apple]], [[Microsoft]] etc.). Also in contrast to physical values, electronic values can be copied indefinitely, which could be problematic if the asset represents intellectual properties. On the other hand it poses a challenge for many data heirs to receive or to create copies for all interestees when they have limited [[Information technology|IT]] skills themselves. A further challenge comes with the extreme proliferation of [[digital data]]. 5-10 [[Gigabyte]]s new digital assets per year per family (if one takes [[Digital photography|digital pictures]] into account), is rather common. Data heirs that are faced with an un-sorted data flood are often unable to separate the nice-to-have assets from crucial and core assets. Yet another problem is posed by the fact that contracts with service providers most often are automatically terminated (by the terms of service) as soon as the customer ceases to exist. This means that there is no right for the heirs to access that data.<ref>{{cite web|url=http://home.tiscalinet.ch/ugobechini/password_morto.pdf|title=Tiscali Net}}</ref> This is further compounded by the fact that many digital assets are only granted with non-transferrable [[Rights issue|rights of use]]. For example, both Amazon.com and Apple only offer their digital products with the rights for one user.<ref>{{cite web|url=http://www.marketwatch.com/story/who-inherits-your-itunes-library-2012-08-23 |title=Who inherits your iTunes library? |publisher=Market Watch |date=2013-07-23 |accessdate=2014-04-11}}</ref> This then means that any digital products bought through these kinds of services can only be used by the purchaser, and cannot be passed along. == Social Media and Digital Death == Different social media platforms have differing policies on how to deal with a deceased user. [[Twitter]] do not allow access to deceased user profiles. They will, however, deactivate an account if someone who is "authorized to act on the behalf of the estate or with a verified immediate family member of the deceased" provides the user's death certificate and their own [[Identity document|government-issued ID]].<ref>{{cite web|url=https://support.twitter.com/articles/87894-contacting-twitter-about-a-deceased-user |title=Contacting Twitter about a deceased user |publisher=Twitter Inc. |accessdate=2014-04-11}}</ref> [[Facebook]] also offer to delete a deceased user's profile if you are a verified family member.<ref>{{cite web|url=https://www.facebook.com/help/265593773453448?sr=1&sid=0PjUfWS6GD6jw8uav |title=How do I submit a special request for a deceased person's account on the site? |publisher=Facebook |accessdate=2014-04-11}}</ref> Again, you will need to provide proof of death such as [[death certificate]]. Alternatively, Facebook profiles can be memorialised. For this option, you'd need to include a link to an online proof of death, such as an online obituary.<ref>{{cite web|url=https://www.facebook.com/help/contact/?id=305593649477238 |title=Memorialization Request |publisher=Facebook |accessdate=2014-04-11}}</ref> Both Facebook and Twitter have been prey to hoax celebrity death announcements and memorial pages over the year, as well as being entangled in legal battles for the rights to access a departed loved one's social profiles,<ref>{{cite web|url=http://www.washingtonpost.com/wp-dyn/articles/A58836-2005Feb2.html |title=After Death, a Struggle for Their Digital Memories |publisher=Washington Post |date=2005-02-03 |accessdate=2014-04-11}}</ref> leading to the need for official action and processes. == Handing over Digital Assets == In contrast to conventional inheritance of physical assets, digital inheritance also needs to cope with the fact that the digital heirs may only be known by their [[email address]]es or [[Mobile phone|mobile]] numbers. Handing over digital assets requires additional instructions that may be crucial for an heir to further treat the digital assets. One method of ensuring that this process is handled legally and comprehensively, is to use a digital estate planner to prepare your online self before death.<ref>{{cite web|url=http://www.lifeinsurancefinder.com.au/infographics/expert-guide-to-protect-yourself-online-before-you-die/ |title=Step by step expert guide to protecting yourself online before you die |publisher=Life Insurance Finder |accessdate=2014-04-11}}</ref> == Application == Digital Inheritance should be set up wherever important data needs to be handed over in case of an event that renders the owner incapable of caring for those assets. The data owner hence has an interest to list (or centrally store) his or her assets and decide who will need which data. The data owner will also need to specify the circumstances under which the data shall be handed over to heirs (generally this is simply the death of the owner) but it can be difficult to prove the death in an international setup where heirs, data sources and last residence of the owner are internationally spread. The data owner will also need to have a way for secure and guaranteed notifications of data heirs even if they are only reachable via electronic channels. Other options can be to simply document the digital essence of a person, including, but not limited to, the preservation of social media profiles and email archives. In his 2011 TED talk, Adam Ostrow mentioned both self-service and post-humous memorial services that can be set up<ref>{{cite web|url=http://www.ted.com/talks/adam_ostrow_after_your_final_status_update#t-165405 |title=After your final status update |publisher=Adam Ostrow on Ted Talks |accessdate=2014-04-11}}</ref> to memorialis deceased loved ones, or to prepare for your own eventual digital death. == Legal perspective == From a legal point of view, digital inheritance requires that digital data takes part of the descendant's [[estate (law)|estate]]. As mentioned earlier, the concept of universal succession means, that heirs enter into the legal position regarding property rights of the testator by law. Such property rights as elements of the descendant’s estate are – under several national laws, e.g. in [[Switzerland]]<ref>{{cite web|url=http://www.admin.ch/ch/d/sr/c210.html |title=Bundesrecht |publisher=admin.ch |date= |accessdate=2013-08-01}}</ref> so called subjective rights (like outstanding debits, property, intellectual property rights and others) as well as possession-based rights of the testator. Digital data can constitute subjective rights (e.g. [[copyright]] regarding a [[manuscript]] of the testator). However, the majority of digital data won't be a subjective property right (e.g. passwords, personal images or notes). In order that such data falls into the descendant’s estate, the testator must have possessed these data. Possession again is usually related to objects, which leads to the question, if digital data are objects in the legal sense. Today, it is commonly assumed that digital data does not comply with basic characteristics of objects such as physicalness. As far as digital data is saved on a data medium of the testator, such digital data is adducted by the possession of the medium as an objective. Of course this is not the case if the testator has transferred his digital data to a service provider to archive it on the service's [[server (computing)|server]]. In such a case, it is crucial, that the testator has had access to the digital data e.g. online with a password. In such a case the password – analog a key for the good old save box – is an aid for access, which creates possession in a legal sense. Then the access to the digital data (and aligned with this the notice of the data) falls into the [[decedent]]'s estate. It is currently assumed that there is no reason why, e.g., photographs in a photo album should be treated differently from photos archived as digital data, so long as the data is original and the right to use it is owned by the holder of the data. In the even of non-original, copyrighted content, such as software, digital music, film and books and other such electronic files, there is legal precedent for denying resale or bequeathment of these.<ref>{{cite web|url=http://www.techdirt.com/articles/20100912/12212110968.shtml |title=Appeals Court Destroys First Sale; You Don't Own Your Software Anymore |publisher=TechDirt |date=2010-09-13 |accessdate=2014-04-11}}</ref> Only original digital data, archived on a medium of the service provider, falls into the decedent's estate, as far as the testator has had access and the digital data is not cleared with the testator's death. If the testator doesn’t want the ordinary inheritance of his digital data to all of his heirs, but instead wants to pass it exclusively to one or more specific persons, they are required to make certain dispositions in their lifetime. Of course, if they are the only one who knows about the digital data, he can pass the access keys to his assignee and all the other heirs won't know about it. Different national law representatives do not agree whether the testator can by means of testamentary disposition assure, that only the assignee does notice of his digital data. The problem here is, that with the opening of the will at the latest, the other heirs should get knowledge of the existence of digital data and will be authorized (under many national laws, e.g. in Switzerland) to get to know the digital data based on their information right as heirs. Not even a declared will of confidentiality of the testator is preferential to the information right of the heirs. This is understandable in a way, as it protects the minimum legal portion of each heir if the digital data has [[monetary value]]. All the same the testator can partially assure that his will is going to be respected by downgrading those who do not respect his declared confidentiality will to the minimum legal portion. == Limitations and alternatives == In absence of solutions that can provide the above application the probably simplest approach to digital inheritance is to create regularly a [[backup]] of the most important assets and deposit it offsite (e.g. a bank vault) and consequently determine a single person (lawyer, partner, children) that will post-mortem distribute the data. This should also include a list of passwords to online (and local) accounts. Obvious challenges are here in the area of security, data readability (are there still readers for the media, are there still programs for the files) and manageability (uptodateness of the backup as well as assignments to heirs). == See also == * [[Digital estate]] * [[Executor]] * [[Inheritance]] * [[Trustee]] * [[Will (law)]] * [[Secret sharing]] == External links == * [http://www.wipo.int/pctdb/en/wo.jsp?wo=2007010427 Digital Inheritance; Patent application by Philips] * [http://www.freepatentsonline.com/y2002/0019744.html Last will service; Patent application by NEC] * [http://www.uslegalwills.com/news_972_050104.aspx Digital Inheritance Raises Legal Questions; Article] * [http://home.tiscalinet.ch/ugobechini/password_morto.pdf Italian article by Ugo Bechini, from CNN (Consiglio Nazionale del Notariato), national organization of Italian Civil Law Notaries] * [http://www.ieee-ccnc.org/2007/conference/workshops/pdfs/05%20Hong_Li.ppt IEEE Conference presentation by Hong, Li] * [http://digitaldeathday.com Unconference about digital death and digital estate planning ] * [http://www.lifeinsurancefinder.com.au/infographics/what-happens-online-when-you-die/ What happens online when you die?] * [http://www.thedigitalbeyond.com The Digital Beyond is a blog about digital existence and what happens to it after death ] * [http://www.montrealgazette.com/business/Entrepreneurs+Protecting+your+digital+legacy/8918730/story.html Protecting Your Digital Legacy article] == Digital inheritance web services [A-Z] == * [http://www.aftersteps.com/ AfterSteps] * [http://www.cirruslegacy.com/ Cirrus] * [http://www.cloudsafe.com/ CloudSafe] * [https://www.lifedocumentstorage.com/ Life Document Storage] * [http://www.mycybersafe.com/ MYCYBERSAFE] * [http://www.entrustet.com Entrustet] * [http://www.e-z-safe.com/ E-Z-Safe] * [http://legacylocker.com/ Legacy Locker] * [http://www.lifeensured.com LifeEnsured] * [http://www.passwordbox.com PasswordBox] * [http://www.securesafe.com/en/ SecureSafe] * [http://www.thesoldiersbox.com The Soldier's Box] == References == {{Reflist}} [[Category:Computer law]] [[Category:Digital rights]] [[Category:Inheritance]]'