The document discusses digital inheritance and accessibility issues. It notes that while physical assets can easily be passed down, digital assets like online accounts, emails, and files present new challenges since they are controlled by external providers and there are no clear laws around inheritance. It examines how some states have started passing laws to allow next of kin access to digital accounts. Finally, it recommends that people plan ahead by specifying how digital assets should be inherited in a will, or by using services that allow saving passwords and files to pass on upon death.

1. DIGITAL INHERITANCE AND ACCESSIBILITY ISSUES 1
DIGITAL INHERITANCE AND ACCESSIBILITY ISSUES
Priyaranjan B Mestri
University of Washington

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Background
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon
the death of an individual. It has long played an important role in human societies.
The Roman law introduced the concept of universal succession, which is to say that
in inheritance law the heirs enter into the legal position regarding property rights
Unique Characteristics of Digital Assets
Physical assets like books, clothes, accessories etc. can be easily passed on without any
legal complications because the laws are formed and defined. But when it comes to
digital assets like passwords, access to social network profiles e.g. Facebook, Twitter,
Google or Linked In; emails, tweets, databases, digital files and bank accounts, the legal
landscape has failed to keep up with the web 2.0 and the rapid technological
proliferation.Today, the amount of information accessed and stored online is growing at
the speed of lightning. The growing use of email and paperless bill paying has created a
situation where vital records are stored-in online accounts only. In addition, more and
more information and valuable items are resting on media that are not owned by the data
owner but by service provider(e.g. Google, Apple, Microsoft etc.). Also in contrast to
physical assets, electronic values can be copied indefinitely, which could be problematic
if the asset represents intellectual properties. In contrast to conventional inheritance of
physical assets, digital inheritance also needs to cope with the fact that the digital heirs
areonly known by their email addresses or mobile numbers. Handing over digital assets
requires additional information that may be crucial for a heir to further treat the digital
assets.
Digital Inheritance and the legal framework
Although, the Roman law introduced the concept of universal succession, in which the
heirs enter into the legal position regarding property rights of the testator by law. Muslim
sharia laws and Bible talks about the inheritance issue, but what about the digital assets
who will inherit it. The answer to this new question arising out of internet bubble of early
millennium year has been to create a legal framework wherein a person can specify as he
does with his physical assets that who should get what, when he is no more.

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Some of the problem that came into light recently is related to what happens to the data
and information that is password protected and users don't share it with anyone. Some of
them could be our secret of life. How can users secure of password or decide what our
inheritor could access. All of these questions are becoming very important and Internet
users have been wrestling with it.
Digital inheritance and the law
At present, service providers and content sellers have been slow to react partly because
the issue of transference post death of the customer is complex and has been affecting
only a limited number of customers. However, these companies and content sellers will
be forced to react faster, more so because of the consumers’ demand. Therefore, the
debate at present is whether the next of the kin will be granted access to the digital
accounts. For example, access to Amazon account if the deceased person ishis or her next
of kin and did not have the password.
Consequently, there has been an increasing pressure on lawmakers to build broader
policies and practical solution to the ongoing confusion and misunderstanding as of now.
There has been some legislative progress for surviving family members. At least three
states -- Idaho, Nebraska and Indiana have enacted laws that allow next of kin to gain
access to digital accounts. Other states, including New York, North Carolina and Oregon,
are also considering making changes.
To prevent estate issues, digital media owners should plan ahead. Users can specify
information passwords and accounts to be passed on in their will.
Some data inheritance services have also emerged in recent years, promising a secure
place to store documents and passwords that will be passed on to a stated beneficiary
upon the account holder's death.

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Conclusion and Opinion
The digital inheritance and accessibility issues came into light recently after a couple of
notable cases and lawsuits against the service providers for not giving the kin access to
the digital assets after the death of the owner. People have recently realized that digital
assets like bank account details, Facebook access and other digital properties are not
transferrable like the physical assets. The concept is fairly new because a large number of
people are not aware about the laws and terms and conditions behind the services
provided. In addition, digital media and electronic format is a new concept in people’s
lives.Since, the concept is very new there is a need to create awareness about the digital
rights and the importance of the medium.
In my opinion, the best way to approach this problem is by understanding that digital
assets are as good as physical assets and should be treated similar to the physical assets.
With just one difference i.e. unlike the physical assets digital assets are vulnerable in
terms of manipulation, duplication and deletion.
Another solution could be encryption of the password and split the password into
fragments and distribute it among the heirs. After the owner ceases to exist, these heirs
can combine their pieces to find out the password.
Companies can provide services to the users or customers wherein the owner could save
the digital details or assets in the name of the heir or next of the kin and specify what
assets should be given access and pay a nominal fees. Once, the owner is dead the heir
can have rightful access to the digital assets.
Also, Digital Rights Management (DRM) system or password locker like the Dswiss
could be a best solution as it allows access only to the testator and an executor presenting
a death certificate. For example: Hotmail has a provision to provide the details and access
upon the proof of death such as death certificate and a valid identity of the heir or the kin.

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Citations
“The Legal Issues Arising from Marketing Through Digital Media in the UAE”by David
Yates & Yvonne Pah
“Legal issues regarding access to digital assets growing”
http://www.gallowaycollens.com/blog/2012/10/legal-issues-regarding-access-to-digital-
assets-growing.shtml
“Digital inheritance” http://en.wikipedia.org/wiki/Digital_inheritance