OK Law Addresses Virtual Estates

December 7, 2010 -

If you are planning your last will and testament in the state of Oklahoma, you now have to worry about what to do with your virtual belongings. According to a report in the IB Times (thanks EZK), a new state law in Oklahoma gives estate executors and administrators the power to "access, administer, or terminate" social media and online accounts.

According to former state Rep. Ryan Kiesel (D-Seminole), a co-author of House Bill 2800 (before he left office), the law is meant to remind people that, when they are planning what happens to their real-world estate, they should probably figure out what they want done with their virtual stuff as well.

"The number of people who use Facebook today is almost equal to the population of the United States," said Kiesel. "When a person dies, someone needs to have legal access to their accounts to wrap up any unfinished business, close out the account if necessary or carry out specific instructions the deceased left in their will."

"Digital photo albums and e-mails are increasingly replacing their physical counterparts, and I encourage Oklahomans to think carefully about what they want to happen to these items when they pass away," he added.

The bill became the law of the land on November 1. The bill assumes ownership of social media accounts belong to the person that created them, but many sites like Facebook claim ownership via service agreements users sign off on when they sign up.

Kiesel has acknowledged that the law "may conflict" with those service agreements, but said that it is intended to "get people thinking about" taking care of all of their business before they pass on to the other side.

While not emphatically stated, the law could have jurisdiction over other types of online content such as Xbox Live, PlayStation Network, MMO accounts, etc. - and all the content within.


Comments

Re: OK Law Addresses Virtual Estates

I've actually thought about matters like this before. Not with "pixel assets" in an MMO or photos or even my music or Steam libraries, but with something much simpler. To the people I've met and regularly kept contact with, how to let them know if something happens to me.

Not to replace "real life" friends with internet ones, but there are genuinely some connections that I'd like to see resolved if I should suddenly die. I would not mind having that in a will, or giving access to my accounts in order to see those wishes fulfilled.

I understand that some websites have been set up to make automatic messages go out, but I'd like a legal, recognizable way to make sure any such death notice message sent out is real, intended, and believable to be true. I mean, any idiot can sign up a fake death notice in his buddy's name as a prank. To get a letter or email from the state of Oklahoma is a slightly more concrete message.

Re: OK Law Addresses Virtual Estates

Hmm, who to bequeath my DLC & iTunes downloads to?

Re: OK Law Addresses Virtual Estates

Makes sense to me!  I bequeath the games in my Steam account to...

- Left4Dead

Why are zombies always eating brains? I want to see zombies that eat toes for a living. Undead-related pun intended.

- Left4Dead Why are zombies always eating brains? I want to see zombies that eat toes for a living. Undead-related pun intended.

Re: OK Law Addresses Virtual Estates

I am curious, why do we need new laws to deal with this?  Wouldn't it fall under the same rules that cover all other intangible possessions?  How are these legally differnt?

Re: OK Law Addresses Virtual Estates

If they're attached to login accounts, as social network information generally is, then 'just' breaking into them or having them shut down by a third party might fall foul of any laws surrounding logins- I believe it's illegal to log into someone else's website account without the permission of the account holder in the UK- this would be a way of formalising the matter in a will.

/b

 
Forgot your password?
Username :
Password :

Poll

Is King right? Should all games adopt the free-to-play model?:

Shout box

You're not permitted to post shouts.
MaskedPixelanteNumber 3: Night Dive was brought to the attention of the public by a massive game recovery, and yet most of their released catalogue consists of games that other people did the hard work of getting re-released.04/17/2014 - 8:46pm
MaskedPixelanteNumber 2: If Humongous Entertainment wanted their stuff on Steam, why didn't they talk to their parent company, which does have a number of games published on Steam?04/17/2014 - 8:45pm
MaskedPixelanteNumber 1: When Night Dive spent the better part of a year teasing the return of true classics, having their big content dump be edutainment is kind of a kick in the stomach.04/17/2014 - 8:44pm
Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
IanCErm so they shouldn't sell edutainment at all? Why?04/17/2014 - 4:42pm
MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
MaskedPixelanteWell, I am officially done with Night Dive Studios. Unless they can bring something worthwhile back, I'm never buying another game from them.04/17/2014 - 2:29pm
PHX Corphttp://www.msnbc.com/ronan-farrow/watch/video-games-continue-to-break-the-mold-229561923638 Ronan Farrow Daily on Video games breaking the mold04/17/2014 - 2:13pm
NeenekoAh yes, because by building something nice they were just asking for people to come push them out. Consequences are protested all the time when other people are implementing them.04/17/2014 - 2:06pm
Matthew Wilsonok than they should not protest when the consequences of that choice occur.04/17/2014 - 1:06pm
NeenekoIf people want tall buildings, plenty of other cities with them. Part of freedom and markets is communities deciding what they do and do not want built in their collective space.04/17/2014 - 12:55pm
Sora-ChanI realize that they have ways getting around it, but one reason might be due to earthquakes.04/17/2014 - 4:42am
Matthew WilsonSF is a tech/ economic/ trade center it should be mostly tail building. this whole problem is because of the lack of tail buildings. How would having tail apartment buildings destroy SF? having tail buildings has not runed other cities around the US/world04/16/2014 - 10:51pm
Matthew WilsonAgain the issue is you can not build upwards anywhere in SF at the moment, and no you would not. You would bring prices to where they should have been before the market distortion. those prices are not economic or socially healthy.04/16/2014 - 10:46pm
ZippyDSMleeYou still wind up pushing people out of the non high rise aeras but tis least damage you can do all things considered.04/16/2014 - 10:26pm
ZippyDSMleeANd by mindlessly building upward you make it like every place else hurting property prices,ect,ect. You'll have to slowly segment the region into aeras where you will never build upward then alow some aeras to build upward.04/16/2014 - 10:25pm
 

Be Heard - Contact Your Politician