Tag Archives: accounts

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

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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

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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

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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

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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

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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

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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

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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

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Thoughts on the Stored Communications Act, Federal Preemption and Supremacy, and State Laws on Fiduciary Access to Digital Property

As of the date of this posting, seven states have recently passed laws and at least eighteen other states are considering new laws granting fiduciary access to an incapacitated or deceased person’s online accounts and other digital property. The Uniform … Continue reading

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Jim Lamm Quoted in Morningstar on Digital Estate Planning

On October 3, 2013, I was quoted on Morningstar in the article “Do You Have a Plan for Your Digital ‘Estate’?” by Christine Benz. The article is an excellent introduction to estate planning for online accounts and other digital property, … Continue reading

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