Tag Archives: digital property

Jim Lamm Interviewed on Public Radio: Your Digital Afterlife

On April 15, 2011, I participated in an hour–long panel discussion titled “Your Digital Afterlife” that was broadcast on public radio station WFAE 90.7 FM in the Charlotte, North Carolina, area. Mike Collins, the host of the “Charlotte Talks” daily talk … Continue reading

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Idaho Bill Gives Executor or Conservator Power Over Online Accounts

Idaho recently passed Senate Bill No. 1044 that takes effect July 1, 2011, to give the conservator of an incapacitated person or the executor (personal representative) of a deceased person’s estate powers over some types of online accounts: § 15–3–715. TRANSACTIONS AUTHORIZED … Continue reading

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Senate Hearing on Electronic Communications Privacy Act

On April 6, 2011, the Senate Committee on the Judiciary held a hearing on “The Electronic Communications Privacy Act: Government Perspectives on Protecting Privacy in the Digital Age.” Representatives from the Department of Justice (PDF link) and the Department of Commerce … Continue reading

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Estate Planning and Charitable Giving With Video Games and Virtual Worlds

Previously, I’ve written about estate planning for video games and virtual worlds, including the potential financial value that family members and fiduciaries should consider for inventory and estate tax return purposes. As I have mentioned before, Edward Castronova, associate professor … Continue reading

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World Backup Day

March 31 is World Backup Day—a day to remind us to backup our important computer data (and smartphone data), as well as a reminder to test our backup software, storage media, and data restoration procedures. The World Backup Day Web site … Continue reading

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Right of Publicity and Right of Privacy After Death

The New York Times posted an opinion piece about a person’s right of publicity after death on March 27, 2011, titled “The New Grave Robbers” by Ray D. Madoff. I saw this article mentioned on the TaxProf Blog. The opinion piece … Continue reading

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Obama Administration White Paper on Intellectual Property Enforcement Legislative Recommendations

The Obama Administration released a White Paper on Intellectual Property Enforcement Legislative Recommendations on March 15, 2011. This follows up the 2010 Joint Strategic Plan on Intellectual Property Enforcement. Among other things, the proposals would clarify enforcement of intellectual property rights … Continue reading

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Three Recent Articles on Estate Planning for Passwords, Online Accounts, and Digital Property

Here are three recent news articles discussing estate planning for passwords, online accounts, and digital property: What Happens to Your Digital Life When You Die? by Ken Strutin in The New York Law Journal on January 27, 2011; Who Keeps Your … Continue reading

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House Subcommittee Considers Mandatory Data Retention Rules for Internet Service Providers

One of the topics that generated several questions and additional discussion during my presentation at the 45th Annual Heckerling Institute on Estate Planning on January 12, 2011, was data retention rules for Internet Service Providers (ISPs) and online accounts. For example, … Continue reading

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Data Encryption and Estate Planning for Incapacity and Death

During my presentation at the 45th Annual Heckerling Institute on Estate Planning on January 12, 2011, I mentioned that a strong password plus strong encryption can make it practically impossible to access an incapacitated or deceased person’s data if you don’t … Continue reading

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