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Tag Archives: accounts
Ajemian v. Yahoo! Case Update
On March 26, 2018, the United States Supreme Court denied Yahoo!’s Petition for a Writ of Certiorari in the Ajemian v. Yahoo! case. You can read Yahoo!’s Petition and the briefs that were filed on the United States Supreme Court … Continue reading
Posted in E-mail
Tagged accounts, death, decedent, died, digital property, e-mail, jim lamm, online accounts
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Court Holds Personal Representatives May Provide Lawful Consent Under the Stored Communications Act
On October 16, 2017, the Supreme Judicial Court of Massachusetts issued its opinion in the Ajemian v. Yahoo! case. With respect to the privacy protections of the federal Stored Communications Act, the court’s opinion states that “[W]e conclude that the … Continue reading
Posted in E-mail, General
Tagged accounts, death, decedent, died, digital property, e-mail, estate planning, jim lamm, online accounts, yahoo!
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PayPal Faces Proposed Class Action Lawsuit Related to Charitable Donations
On February 28, 2017, a complaint was filed against PayPal in a proposed class action lawsuit related to charitable donations. PayPal provides online-payment processing services, including enabling customers to donate money to charitable organizations. PayPal Giving Fund is a charitable … Continue reading
Posted in Financial Accounts, General
Tagged accounts, charitable giving, financial accounts, jim lamm, online accounts
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Is Visiting a Web Site a Crime?
Is it a crime to visit a Web site? That’s one of the issues the Ninth Circuit Court of Appeals has been addressing in United States v. Nosal (decided April 10, 2012) and in Facebook v. Vachani (decided July 12, … Continue reading
Posted in General
Tagged accounts, death, decedent, died, digital property, estate planning, jim lamm, online accounts, passwords
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Study Shows Users Don’t Read Terms of Service Agreements
Not surprisingly, a recent study shows that users don’t read Terms of Service Agreements and Privacy Policies. In a July 7, 2016, working paper, Jonathan Obar and Anne Oeldorf-Hirsch reported that, in their experiment, 98% of users missed the “gotcha … Continue reading
Posted in General, Intellectual Property Rights
Tagged accounts, copyright, death, decedent, died, digital property, estate planning, jim lamm, online accounts
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Minnesota Joins Other States Enacting the Revised Uniform Fiduciary Access to Digital Assets Act
On May 22, 2016, Minnesota’s Governor signed a bill enacting the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). The new law takes effect August 1, 2016, and will be found in Minnesota Statutes Chapter 521A. The new law … Continue reading
Posted in General
Tagged accounts, death, decedent, died, digital property, estate planning, incapacity, jim lamm, online accounts
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Video Clip: Family Fights to Access Late Son’s Digital Data
Minnesota’s KSTP-TV Eyewitness News ran a video story on January 20, 2015, by Tom Hauser about the Anderson family who tragically lost their nineteen-year-old son, Jake. Their son’s death was ruled accidental, but the family wants answers about the events … Continue reading
Posted in E-mail, Social Networking Accounts
Tagged accounts, death, decedent, died, digital property, e-mail, facebook, jim lamm, online accounts, social networking
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Google and Microsoft Update Their E-Mail Privacy Policies
Google and Microsoft have both recently updated their policies regarding the privacy of e-mail contents. The updates are about different issues and were initiated in response to different events. Google updated their Terms of Service agreement on April 14, 2014, … Continue reading
Facebook Updates Its Policies for Deceased Users
According to a February 21, 2014, news release, Facebook has made two updates to its policies regarding the accounts of deceased users. Previously, Facebook allowed one of two options for a deceased user’s account. First, the personal representative of a … Continue reading
Posted in Social Networking Accounts
Tagged accounts, death, decedent, died, digital property, facebook, jim lamm, online accounts, social networking
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The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property
The University of Miami Law Review just published The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property (direct PDF link), a new article coauthored by James D. Lamm, Christina L. Kunz, Damien A. Riehl, … Continue reading
Posted in E-mail, Social Networking Accounts, Web Pages and Blogs
Tagged accounts, death, decedent, died, digital property, e-mail, estate planning, facebook, incapacity, jim lamm, online accounts, passwords, social networking
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