What Happens to Your Online Accounts After You Die?
When you die, should your loved ones have access to your Facebook, Gmail, and other online accounts?
A group of influential lawyers says yes, unless you specify otherwise in a will. The Uniform Law Commission, whose members are appointed by state governments to help standardize state laws, was expected to endorse a plan Wednesday to automatically give loved ones access to — but not control of — all digital accounts unless otherwise specified.
To become law in a state, the legislation would have to be adopted by the state’s legislature. But if it does, designating such access could become an important tool in estate planning, allowing people to decide which accounts should die when they do.
The plan is likely to frustrate some privacy advocates, who say people shouldn’t have to draft a will to keep their mothers from reviewing their online dating profile or their spouses from reading every email they ever wrote.
“This is something most people don’t think of until they are faced with it. They have no idea what is about to be lost,” said Karen Williams of Beaverton, Oregon, who sued Facebook for access to her 22-year-old son Loren’s account after he died in a 2005 motorcycle accident.
The question of what to do with one’s “digital assets” is as big as America’s electronic footprint. Grieving relatives want access for sentimental reasons, and to settle financial issues. A person’s online musings, photos, and videos — such as a popular cooking blog or a gaming avatar that has acquired a certain status online — also can be worth money. Imagine the trove of digital files amassed by someone of historical value — say former President Bill Clinton or musician Bob Dylan — and what those files might fetch on an auction block.
“Our email accounts are our filing cabinets these days,” said Suzanne Brown Walsh, a Cummings & Lockwood attorney who chaired the drafting committee on the bill. But “if you need access to an email account, in most states you wouldn’t get it.”
Ginger McCall, associate director of the Electronic Privacy Information Center in Washington, said a judge’s approval should be needed to protect the privacy of both the owners of accounts and the people who communicate with them.
“The digital world is a different world” than offline, McCall said. “No one would keep 10 years of every communication they ever had with dozens or even hundreds of other people under their bed.”
Most people assume they can decide what happens by sharing certain passwords with a trusted family member, or even making those passwords part of their will. But in addition to potentially exposing passwords when a will becomes public record, anti-hacking laws and most companies’ “terms of service” agreements prohibit anyone from accessing an account that isn’t theirs. That means loved ones technically become criminals if they log on to a dead person’s account.
Karen Williams looking at a portrait of her son Loren. (Rick Bowmer/Associated Press)