Digital assets such as social media accounts, emails, and online financial accounts form an individual's digital estate. However, there is currently no uniform law governing the distribution of digital assets after death. This has led to issues such as companies permanently deleting accounts or refusing to provide access to deceased users' information to their families. While some services have emerged to help with digital estate planning, they do not replace a legal will or estate planning documents. Uniform digital estate laws are still needed to properly handle the transfer of digital assets upon a person's death.
Most of us own a significant number of social media accounts but have yet to plan for these accounts when we passed. Physical assets can be distributed via a will document but digital content sits within the personal accounts and shall remain inaccessible for security reasons. The companies operating such accounts have different policies in dealing with accounts belonging to deceased users. Here's how to plan ahead.
Considering how much information we keep on computers and on the internet, estate planning just isn’t complete anymore without including digital assets and social media accounts.
Digital Assets: A Path To Fiduciary AccessHoward Collens
Presented at State Bar of Michigan Elder Law and Disability Rights Section 2014 Fall Conference. Explores Fiduciary Access to Digital Assets, the Uniform Law Commission FADA, and Michigan's legislative changes to the Probate law.
Most of us own a significant number of social media accounts but have yet to plan for these accounts when we passed. Physical assets can be distributed via a will document but digital content sits within the personal accounts and shall remain inaccessible for security reasons. The companies operating such accounts have different policies in dealing with accounts belonging to deceased users. Here's how to plan ahead.
Considering how much information we keep on computers and on the internet, estate planning just isn’t complete anymore without including digital assets and social media accounts.
Digital Assets: A Path To Fiduciary AccessHoward Collens
Presented at State Bar of Michigan Elder Law and Disability Rights Section 2014 Fall Conference. Explores Fiduciary Access to Digital Assets, the Uniform Law Commission FADA, and Michigan's legislative changes to the Probate law.
The Next Big Thing is Web 3.0. Catch It If You Can Judy O'Connell
The best minds on our planet are suggesting that the Internet will continue to be arguably the most influential invention of our time. We are in the midst of a highly dynamic and dramatically changing landscape. Where Web 1.0 made us consumers of information, Web 2.0 allowed us to be participators and creators. Web 3.0 and the Semantic Web technologies are beginning to play a larger and more significant role in the search and filtering of the content fire hose that teachers and students encounter each day. How will the semantic web influence our learning and teaching encounters on the web? What is the connection between meaning and data? Will search or discovery be the main driving force in the 3.0 information revolution? How will information and knowledge creation in a semantic-powered online world develop? This session will draw on Semantic Web research and developments and show how connecting, collaborating and networking in a Web 3.0 world is changing the ground-rules once again.
This series of articles about security trips how to make social networking is more secure on the top social networks. Part I. Facebook.
http://hakin9.org/hakin9-bible-12012/
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User's online privacy is constantly in a state of flux. Witness Google's consolidation of their privacy polices, ever changing Facebook rules or how commerce determines how sites handle user data, and then note the lack of any opt-out for the user when these changes occur. Online entities make these changes not for the benefit of the user, but for the benefit of the shareholders, obviously, but if they can do this now, they can do it later. Simply put, a privacy policy today can change tomorrow; and user's privacy can be thrown by the wayside. Knowing this should signal an alarm for everyone to understand HOW their data is being stored and used online. We'll look at recent developments that have caused concern among privacy advocates, poke fun at some of the silly ways these new measures are sold to the populace and then cover what can be done to increase users' privacy online utilizing common sense and open source software. (Presented at the St. Louis Linux User's Group, June 20, 2013)
Here\'s an overview on what Social Media is, the business opportunity and how to apply it. Also the in depth review of LinkedIn. Setup your profile, your comapny\'s profile, make connections, join groups and more!
A version of these slides are used in my Going Social programme workshop, Your Digital Identity, for staff and postgraduate researchers at the University of Leeds.
This class gives the student an introduction overview of the power of social media and how to get started. I outline the top 4 that I recommend as a must for most businesses.
Presentation highlighting advice that student affairs professionals can share with their students to help them utilize Web 2.0 technologies responsibly.
Presented at Assistant Director interview.
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Unfortunately, researchers tell us that most Americans have not executed all of the appropriate estate planning documents. Many people don't act because they DON’T KNOW where to begin. This presentation explains the basics, and it may inspire you to finally take action for the benefit of your family if you are currently unprepared.
The Next Big Thing is Web 3.0. Catch It If You Can Judy O'Connell
The best minds on our planet are suggesting that the Internet will continue to be arguably the most influential invention of our time. We are in the midst of a highly dynamic and dramatically changing landscape. Where Web 1.0 made us consumers of information, Web 2.0 allowed us to be participators and creators. Web 3.0 and the Semantic Web technologies are beginning to play a larger and more significant role in the search and filtering of the content fire hose that teachers and students encounter each day. How will the semantic web influence our learning and teaching encounters on the web? What is the connection between meaning and data? Will search or discovery be the main driving force in the 3.0 information revolution? How will information and knowledge creation in a semantic-powered online world develop? This session will draw on Semantic Web research and developments and show how connecting, collaborating and networking in a Web 3.0 world is changing the ground-rules once again.
This series of articles about security trips how to make social networking is more secure on the top social networks. Part I. Facebook.
http://hakin9.org/hakin9-bible-12012/
Online privacy concerns (and what we can do about it)Phil Cryer
User's online privacy is constantly in a state of flux. Witness Google's consolidation of their privacy polices, ever changing Facebook rules or how commerce determines how sites handle user data, and then note the lack of any opt-out for the user when these changes occur. Online entities make these changes not for the benefit of the user, but for the benefit of the shareholders, obviously, but if they can do this now, they can do it later. Simply put, a privacy policy today can change tomorrow; and user's privacy can be thrown by the wayside. Knowing this should signal an alarm for everyone to understand HOW their data is being stored and used online. We'll look at recent developments that have caused concern among privacy advocates, poke fun at some of the silly ways these new measures are sold to the populace and then cover what can be done to increase users' privacy online utilizing common sense and open source software. (Presented at the St. Louis Linux User's Group, June 20, 2013)
Here\'s an overview on what Social Media is, the business opportunity and how to apply it. Also the in depth review of LinkedIn. Setup your profile, your comapny\'s profile, make connections, join groups and more!
A version of these slides are used in my Going Social programme workshop, Your Digital Identity, for staff and postgraduate researchers at the University of Leeds.
This class gives the student an introduction overview of the power of social media and how to get started. I outline the top 4 that I recommend as a must for most businesses.
Presentation highlighting advice that student affairs professionals can share with their students to help them utilize Web 2.0 technologies responsibly.
Presented at Assistant Director interview.
Parents with Minor Children Estate PlanningRobert Nash
If you have minor children, or children of any age with special needs, estate planning takes on a heightened importance. Learn more about estate planning for parents with minor children in this presentation.
Unfortunately, researchers tell us that most Americans have not executed all of the appropriate estate planning documents. Many people don't act because they DON’T KNOW where to begin. This presentation explains the basics, and it may inspire you to finally take action for the benefit of your family if you are currently unprepared.
What Is Estate Planning: Commonly Asked Questions and AnswersJennifer Vermillion
Estate planning is the process through which you make choices about what you want to happen to you and your property should you die or become incapacitated. Learn more about estate planning in this presentation.
Estate Planning involves carefully considered decisions regarding your estate and property, your future and also the future of your children. A great estate plan is your opportunity to thoughtfully leave your assets to those whom you value and feel should benefit from your years of hard work and wealth accumulation. The questions you ask yourself initially will guide your entire estate planning process. This presentation discusses what questions you need to ask yourself as you begin the estate planning process. If you have questions about your estate plan, please contact us on 1800 770 780 or ohl@owenhodge.com.au.
Who will have access to your digital legacy when you become incapacitated or upon your death? Looks at the emerging field of estate planning for digital assets.
From the Oklahoma law firm Cazes Roberts, PC:
A concise yet practical review of what Oklahoma estate planning is, why some would want to do Oklahoma Estate Planning and the tools used in Oklahoma Estate Planning.
Depending on the exact estate in question various different types of legal devices could be utilized. In this presentation we are going to look at the core components of a basic estate plan.
Fiduciary Access to Digital Assets Act in Michigan - Social Mitten 2018gallowayandcollens
The majority of our lives and assets are managed online, from online banking to blogs and many other social media outlets. In today's world, it makes sense to incorporate your digital assets into your estate plan.
Attorney Howard H. Collens presents the newest updates for the Fiduciary Access to Digital Assets Act.
Michigan's Fiduciary Access to Digital Assets: What You Need to Knowgallowayandcollens
Recent updates to Michigan's Fiduciary Access to Digital Assets. We use email, social media, and online banking every day. it is important to properly plan for those digital assets in the event of incapacity and after death.
Erasing you Digital Footprint - Using Michigan's Fiduciary Access to Digital ...gallowayandcollens
Could someone else, acting on your behalf, gain access to your digital assets? What if the person was deceased? Would you want them to be able to? Access to Digital Assets would be challenging, if not impossible, without a Fiduciary Access to Digital Assets law. Now that Michigan has enacted this Act, how will it effect your estate planning?
Will My Family be Able to Access the Photos I Took at the Big House When I’m ...gallowayandcollens
Attorney Howard Collens presents on Fiduciary Access to Digital Assets, where he focuses on photo sharing and storage sites such as Picasa, Dropbox and Flickr. #FADA4MI. Howard is working on getting a new law enacted in Michigan.
Who Will Run My Fantasy Football Team When I’m Gone: The Latest and Greatest ...gallowayandcollens
National Academy of Elder Law Attorneys Webinar 2015 presented by Attorney Howard Collens on the recent updates regarding Fiduciary Access to Digital Assets.
How to Make Sure the Kids Will Still Be Listening to The Beatles on Google Pl...gallowayandcollens
Many of today's artists are streaming on popular music sites like Google Play. Attorney Howard Collens shares his knowledge of Fiduciary Access to Digital Assets and how it pertains different music streaming sites and social media.
This presentation covers the challenges of:
* Most African governments struggle with people Illegally immigrating in and then masquerading as a citizen
* Voting irregularities
* Pretending to be students when they’re not
* Using dead citizen’s identities to then use them to access social programs
* Governments find the identity is effectively siloed in many different ministry databases and have problems with fake identity cards being used
Presents an integrated framework that not only addresses this BUT ALSO can be used for education, health and citizen payments
Presented by Vipin Chandra Joshi at IJSARD (International Journal of Socio-legal Analysis and Rural Development) International Virtual Conference 2017 On Law and Social Sciences.
The Fiduciary Access to Digital Assets Act in Michigan:Now That We Have it, W...gallowayandcollens
Attorney Howard Collens presented the most recent updates on Michigan’s new Fiduciary Access to Digital Assets Act. Now is the perfect time to update your will, trust and power of attorney to incorporate the latest options for dealing with your digital assets.
Cdas 2012, lilian edwards and edina harbinjaLilian Edwards
A number of technological systems , sometimes known as "digital wills" are appearing on the market to help people bequeath digital assets such as passwords, emails, virtual game assets etc. Do these help provide a legal solution? Or do they merely confuse further a landscape alreqdy lacking good practice?
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The Fiduciary Access to Digital Assets Act in Michigan: Now That We Have it, ...gallowayandcollens
In an era where technology plays such an important part of everyday life, the attorney needs to understand how to properly plan for a client’s digital assets. This presentation will discuss Michigan’s new Fiduciary Access to Digital Assets Act and how to incorporate it into your existing practice.
* Lays out existing healthcare delivery problems many developing countries have
* Presents a high level framework for an ICT health care strategy leveraging identity
The Fiduciary Access to Digital Assets Act in Michigan: Now That We Have it, ...gallowayandcollens
Attorney Howard H. Collens presents the most recent updates on the new Fiduciary Access to Digital Assets Act. Learn the many states that have recently enacted the new Act and updates on what the future holds for estate planning and digital assets.
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Safalta Digital marketing institute in Noida, provide complete applications that encompass a huge range of virtual advertising and marketing additives, which includes search engine optimization, virtual communication advertising, pay-per-click on marketing, content material advertising, internet analytics, and greater. These university courses are designed for students who possess a comprehensive understanding of virtual marketing strategies and attributes.Safalta Digital Marketing Institute in Noida is a first choice for young individuals or students who are looking to start their careers in the field of digital advertising. The institute gives specialized courses designed and certification.
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Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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Normal Labour/ Stages of Labour/ Mechanism of LabourWasim Ak
Normal labor is also termed spontaneous labor, defined as the natural physiological process through which the fetus, placenta, and membranes are expelled from the uterus through the birth canal at term (37 to 42 weeks
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2. INTRODUCTION – DIGITAL ASSETS
& DIGITAL ESTATE
• Currently, there is no universal definition of a digital asset or digital
estate.
• Digital assets include digital images from photographs, electronic
bank and investment account statements, e-mail records and
associated passwords, and social media accounts such as Facebook,
Linked-In, Twitter, and YouTube.
• The culmination of these digital assets forms a person‘s digital estate.
• A person‘s digital account may consist of a variety of personal assets,
including e-mail accounts, software licenses, social networking
accounts, social media accounts, file sharing accounts, financial
management accounts, and domain registration accounts.
3. CONTD..
• Simply put, digital assets are the actual files, and digital accounts are
the access rights to files.
• Digital account/asset distinction can be critical; even if the files
themselves are readily available, their management and transfer to an
executor or agent may be subject to an Internet-based service
agreement.
• It may be helpful to think of digital assets in terms of four different
categories: personal, financial, business, and social media.
4. ISSUES WITH DIGITAL ESTATE
PLANNING
Website Service Agreements
The service agreements of various companies play a large role in
determining what happens to a decedent‘s digital estate. The
problem arises from the fact that every company‘s service
agreement is vastly different.
For example :
considers a decedent‘s account to be private property, so the
family members of a decedent must take legal action in order to
receive desired e-mail account information.
Yahoo may permanently delete all of a decedent‘s accounts and their
contents upon receipt of a death certificate
5. will honour requests to access or close a decedent‘s
account so long as the requisite information is
included.
The Custodian of Records will then confirm the identity of
the requestor, and subsequently mail a DVD containing
the decedent‘s account information, including contacts and
emails
Heirs having power of attorney can access the
decedent‘s YouTube account.
6. rarely allows the release of Gmail content to family
members of a deceased account user. In order to gain access to
desired information, a family member must submit a copy of his or
her government-issued ID, the deceased user‘s death certificate,
and a copy of an email received by the requestor from the
decedent.
Upon receipt of this information, Google will conduct a preliminary
review in order to determine whether the family members may
complete further steps to receive the information.
While this process rarely results in obtaining the relevant
information, Google reserves the right to terminate an account that
has been inactive for a period of nine months.
7. • Facebook is concerned with protecting a decedent account
holder‘s privacy.
• Upon receiving notice that a user has passed away, Facebook
puts the profile in memorial state, such that certain profile
sections are hidden from view. That is, only the decedent‘s
confirmed Facebook friends can locate and post on the
decedent‘s profile.
• This privacy setting allows friends and family members to
post on the decedent‘s wall in remembrance, while
preventing anyone from logging into the account.
• Additionally, Facebook will remove a decedent‘s account
from the site upon request by verified immediate family
members
8. OTHER ISSUES
• Websites that are registered to the decedent are considered true
assets; therefore, they transfer with the decedent‘s residual estate
• Some companies will share a decedent‘s password with a
surviving a family member, giving them access to account
information and full use of the account itself.
• Nonetheless, because such actions do not legally transfer the
account, the question still remains as to who owns the account
information.
• There are even more questions surrounding the disposition of
digital assets should the website shut down, expire, or disappear,
who would own this information, the account holder or the
company?
9. CONTD..
• As with traditional estate planning, there are many barriers to the
adoption of proper digital estate planning. People generally avoid
estate planning in both forms until an event relating to death occurs
• There is currently no uniform law governing the distribution of digital
assets. Because the companies that house the majority of people‘s
digital assets are located in, and serve clients in, multiple jurisdictions,
uniformity in law is a dire need.
10. INSTANCES WHERE DEP HAS PROVED
TO BE ESSENTIAL
• In November 2004, less than two months after arriving in Iraq, a roadside
bomb killed Lance Corporal Justin Ellsworth. During his time in Iraq,
Ellsworth exchanged emails with his parents, often using his Yahoo!
Webmail account. According to his father, John Ellsworth, was keeping a
journal to ensure that his generation, and the generations that follow have
―actual words from somebody who was there [in Iraq].
• When John Ellsworth approached Yahoo! regarding access to his son‘s e-mails,
the company denied his request on the basis of privacy. Despite the
emotions at stake, Yahoo! adhered to its terms of service, which denied
survivors the rights to the e-mail accounts of the deceased.
• Eventually, the Ellsworth family filed suit, and, in April 2005, a Michigan
probate judge ordered Yahoo! to release the contents of Ellsworth‘s email
account to his family.
11. • In 2005 after twenty-two-year-old Loren Williams was killed in a
motorcycle accident. Hoping to learn more about her son after
his death, Loren‘s mother Karen turned to Facebook.
• After finding her son‘s password, Karen e-mailed the company
requesting that administrators maintain the account in order for
her to review his posts and comments by his friends.
• Within two hours of Karen‘s request, Facebook administrators
had changed her son‘s passwords, essentially locking her out
of his account.
• Karen subsequently filed a lawsuit against Facebook, and, after
a two-year legal battle, Facebook granted her ten months of
access to Loren‘s account. After this ten- month period, Loren‘s
Facebook profile was removed.
12. • On December 18, 2011, twenty-year-old Anthony Cannata
committed suicide. Before deciding to take his own life, Anthony
uploaded a photograph to his Facebook account that showed him
holding a gun to this mouth.
• After Anthony‘s death, his family and friends petitioned Facebook
to remove the photograph or grant them access to his account in
order for them to remove it themselves.
• However, because they faced obstacles to gaining access to
Anthony‘s account, this disturbing photograph remained online for
more than a month
13. COMMERCIAL ALTERNATIVES FOR
DIGITAL ESTATE PLANNING
Because legislation governing digital assets has been slow to materialize,
private industry has capitalized on this legal gap and has begun to offer
prod- ucts as a work-around.
There are currently a host of websites that market their ability to help
users plan for their digital assets.
http://www.thedigitalbeyond.com/online-services-list/
http://deathswitch.com/
Xperts caution that many of these websites essentially provide an online
safety deposit box while representing themselves as digital afterlife
planning sites, which may lead to litigation in the future.
For example, using these services to transfer online accounts with actual
financial worth, such as PayPal or Ebay accounts, could lead to litigation,
as a decedent cannot simply use a website to give assets to a beneficiary
following his or her death without a correctly executed estate planning
document
14. CONCLUSION
• Even though digital assets/ accounts have been in this realm for more
than a decade, digital estate as such is unexplored as of now.
• In order to fully accommodate people‘s needs, digital estate planning
will need to advance with new innovations in technology. One such
advance that might play a role in digital estate planning is cloud
computing.
• Uniform laws must be brought in to regulate digital estates.