Tag Archives: accounts

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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Tips From Security Experts on Choosing and Storing Passwords

One of the most frequently asked questions I hear when I talk about estate planning for digital property is, “How should I choose and store secure passwords for my accounts?” There’s a great July 10, 2013, article by Dan Goodin … Continue reading

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Video Clip: What Happens to E-mail, Facebook, and iTunes After You Die?

Minnesota’s KSTP-TV Eyewitness News ran a five-minute video story on May 2, 2013, by Tom Hauser on what happens to your Apple iTunes purchases, e-mail accounts, Facebook account, and other online accounts after you die. I had the pleasure of … Continue reading

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Google Users Can Now Plan Ahead for Incapacity and Death for their Google Data

If you use Google’s Gmail service or one of its other popular services, Google has new user account settings that are helpful for digital estate planning purposes. With these settings, you can direct Google to send your Gmail messages and … Continue reading

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Jim Lamm Presents at 2013 Miami Law Review Symposium on “Will You Have a Digital Afterlife?”

On Friday, February 15, 2013, I presented a ninety–minute seminar titled “Will You Have a Digital Afterlife?” with Professor Christina L. Kunz, Michael J. McGuire, and Damien A. Riehl at the 2013 Miami Law Review Symposium on Social Media & … Continue reading

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Defending Your Ownership and Privacy in Twitter (and Other Online Accounts)

If law enforcement demands the contents of your electronic communications or non–content records from your Twitter account, do you have standing to challenge the subpoena? A New York criminal court has said “no”—because you don’t have a proprietary interest in … Continue reading

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How Secure Are Your Online Account Passwords?

With announcements this month from popular Web sites LinkedIn, eHarmony, and Last.fm that a significant number of user passwords may have been compromised, it’s a good time to ask yourself, “How secure are your passwords?” It’s also a good time … Continue reading

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Update on Whether It’s a Crime for Fiduciaries to Access a Decedent’s Online Accounts

I’ve written previously that using an incapacitated or deceased person’s passwords to access that person’s online accounts may not be permitted under the Web service’s Terms of Service contract, and it might even be construed as “unauthorized access” under a … Continue reading

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IRS Chief Counsel Advises IRS Agent Not to Request Taxpayer E-Mail Contents From ISP

In IRS Chief Counsel Advice 201141017, an IRS agent tried to obtain a taxpayer’s e–mail contents from the taxpayer’s Internet Service Provider (ISP) without a warrant. The taxpayer’s ISP refused the IRS agent’s request, citing provisions of the Stored Communications … Continue reading

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