Monday, November 22, 2010

Digital Will: Who gets your email account when you die?




The Economic Times
Sun, Nov 21, 2010 | Updated 01.18PM IST
21 NOV, 2010, 06.59AM IST, DIVYA A,TNN 

Who gets your email account when you die?



Our lives are becoming more virtual by the day with email, social networking, 
internet banking accounts and digital photo albums and data stored on our PCs,
 but what of death? 



Who gets access to those passwords and usernames? Who can log on as the 
digital heir? This is why everyone needs a digital will. This is the document that 
bequeaths a person's digital assets to his heirs. 


How can this be done? The first step is to create a digital inventory – 
an index of your "soft" assets. Second, get your digital
 signature authenticated. "Then, it won't take more than a day and a couple of 
thousands (of rupees ) to have your digital will ready,"
 says Supreme Court advocate Pavan Duggal , who specializes in cyber law. 

Duggal says a digital will is important because there have been many disputes 
about digitized data in recent times. "Most of us never think about making 
arrangements to name an heir for our digital assets, and it becomes a Herculean
 task for legal representatives to get a succession certificate for such data. It could 
take years in court." 


There have been fights over a dead writer's manuscript on his PC, a deceased 
photojournalist's digital photo library and a businessman's financial records in his 
email account . 


Service providers have different policies about passing on digital information after
 an account holder's death. For example, Yahoo! terminates accounts and Google, 
which manages Gmail (email), Orkut (social networking) and Picasa 
(online photo-sharing ), gives conditional access to kin. 


Google India spokesman Gaurav Bhaskar says, "Account details of a deceased can
 be passed on only to someone who furnishes proof of authority under local law that
 he is the lawful representative of the deceased, and presents the death certificate
 and other  documents. The process may take up to 30 days." 


But most people, says Mumbai-based cyber behaviour expert Neeta Mehra, don't 
want personal stuff such as email, social networking accounts or blogs to be passed
 on. 


"To avoid this, one can use the services of 'do-it-yourself account guardian' 
websites where one can upload all secret data and opt for account incinerator 
services (getting your account deleted in the event of death)," she says. Such 
websites need a death certificate and a copy of the obituary. However, they are not
 governed by any law. 


Duggal says Indians are gradually waking up to this issue. "For the first time in India,
 in April, a Delhi businessman opted for a digital will. Since then, six more have
 followed suit. Many have approached me to discuss their digital estate and to 
make their wills." 



DIGITAL LEGACY 


Passwords 


Instructive memos 


Digital contracts 


Digital receipts 


Pictures 


Data stored on PCs

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