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 :

Shout box

You're not permitted to post shouts.
quiknkoldMilo Yiannopoulos was mailed a syringe filled with clear liquid. He claims it's anti gamergate harassment. Mentioned on his twitter twitter.com/Nero/status/51366668391625523209/21/2014 - 8:07am
Andrew EisenNow, having said that, what sites are you reading that are claiming that if "you self-identify as a Gamer, you're immediately the problem" or that gamers are "obligated to stop harassment"? Or was that hyperbole too?09/21/2014 - 1:03am
Andrew EisenFirst of all, ONE person in the Shout box suggested an obligation to call harassers out on their harassing but only after YOU brought it up. Plus, Techno said "when you see it happening." If you don't see it, you're not under any obligation.09/21/2014 - 1:02am
Sleaker@Craig R. - at this point I don't even know what the hashtags are suppsed to be in support of. what does GamerGate actually signify.09/21/2014 - 12:21am
Sleaker@AE - Hyperbole for the first 2, but it seems like some of the comments in the shout are attempting to place blame on fellow gamers because they aren't actively telling people to stop harassing even though they don't necessarily know anyone that has.09/21/2014 - 12:16am
Andrew EisenSleaker - Who the heck are you reading that is claiming "all gamers are bad," we "need to pass laws or judgement on all gamers," that if "you self-identify as a Gamer, you're immediately the problem," or that gamers are "obligated to stop harassment"?09/20/2014 - 9:44pm
erthwjimhe swatted more than just krebs, I think he swatted 30 people http://krebsonsecurity.com/2014/05/teen-arrested-for-30-swattings-bomb-threats/09/20/2014 - 9:31pm
Craig R.Btw, the guy who swatted security expert Brian Krebs? He got picked up recently. It can be done.09/20/2014 - 8:55pm
Craig R.Such things are not done in a vacuum... hence why the 4chan and other logs show what fools you've all been, tricked into doing the trolls' work09/20/2014 - 8:49pm
Sleaker@Technogeek - How do you call someone out that anonymously calls in a SWAT team, or sends threats to people?09/20/2014 - 7:04pm
Technogeek"It also doesn't mean you're obligated to stop harassment from all gamers that are doing so." I'd say you're certainly obligated to call them out when you see it happening.09/20/2014 - 5:17pm
SleakerNow if you disagree with anything in my last 2 posts then we obviously have a difference in world view, and wont come to any sort of agreement. I'm fine with that, maybe some people aren't?09/20/2014 - 5:09pm
SleakerIt also doesn't mean that just because a news outlet says that Gamers are the problem and you self-identify as a Gamer, you're immediately the problem. It also doesn't mean you're obligated to stop harassment from all gamers that are doing so.09/20/2014 - 4:59pm
SleakerJust to re-iterate: People getting harassed is wrong. Just because someone is harassed by so called 'gamers' doesn't mean that all gamers are bad. nor does it mean that you need to pass laws or judgement on all gamers.09/20/2014 - 4:56pm
SleakerAnd furthermore just because someone doesn't 'crusade against the evil' that doesn't make them the problem. You can have discussion with those around you. There's a thing called sphere of influence.09/20/2014 - 4:54pm
Sleaker@Conster - one person getting harassed is a 'problem' only so far as the harassee's are doing it. Just because a select few people choose to act like this doesn't make it widespread. Nor does it immediately make everyone responsible to put an end to it.09/20/2014 - 4:54pm
james_fudgeno worries09/20/2014 - 4:15pm
TechnogeekI misread james' comment as "we can't have a debate without threatening" there at first. Actually wound up posting a shout about death threats and "kill yourself" not technically being the same thing before I realized.09/20/2014 - 3:59pm
james_fudgeDon't hit me *cowers behind Andrew*09/20/2014 - 3:20pm
ConsterYou take that back right now, james, or else. *shakes fist menacingly*09/20/2014 - 3:00pm
 

Be Heard - Contact Your Politician