Slashdot Mirror
Dispute Continues Over Posthumous Yahoo! Mail
XPisthenewNT points out BBC coverage of the earlier-mentioned dispute between Yahoo! and the family of Justin Ellsworth. An excerpt: "Police sergeant John Ellsworth has sparked a privacy debate in the U.S. that has prompted many to reconsider who can access their e-mail. Mr. Ellsworth is locked in a legal fight with Yahoo! after his son, L/Cpl Justin Ellsworth, a U.S. marine serving in Falluja, was killed by a roadside bomb."
of that comedian joking about not wanting to die because of the dread of his parents finding the "porn wing" of his apartment.
Since the messages may be valuable (although probably are not), shouldn't it be a simple matter to claim they are part of the estate and get a TRO and be done with it?
After all, the copyright is held by the decedant, so wouldn't that material value pass to his heirs?
If you want people to have access to your accounts, you had better document the accounts, the passwords, and the access methods for them before you die.
Why should my survivors get access to stuff in my virtual world after I die if I never gave them any rights to it while I was alive?
I understand, or at least I think I understand rights of survivorship. I have sympathy for those who have lost a loved one, but I don't see how that makes any legal difference.
So let's say that I'm involved in a bunch of stuff that I don't want my survivors to know about, and we automatically give them rights to my virtual stuff when I die. They find out what a bastard I am, and their memories of me are forever saddened.
Here's the opposing question: If we start handing out access to online resources when the account holder dies, don't we also have to make everything include an option to delete upon the death of the account holder?
http://drteknikal.blogspot.com/
An old girlfriend of mine died in a motorcycle crash. While she was still alive, she told me her password for her e-mail account (my name - easy to remember). I only logged into her account once while she was alive (she was standing next to me and asked me to do so), so I know the password was correct. Hours before she set out on her fateful trip, she sent me an email which I only received after getting the phone call. At this point, I tried to log in to her email account to see if she had left behind anything else there but access was already blocked. After the funeral, we cleaned out her apartment. We found her diary (I knew she had one). However, she never explicitly said anything to me about whether I should read it. Diaries are a private matter, so when her stepfather gave it to me (her mother had passed away already and her half-brother was just too young), I went over to her best friend's house, we talked about it and decided that we would burn it in the fireplace together. My point is, common sense should have some say. In spite of any agreements with Yahoo!, etc., if my name is the password and I know it, wasn't this proof enough that she had agreed that I should be allowed to access her email? On the other hand, without explicit permission, I'd never read someone's diary, it's too private. Perhaps his Yahoo! account was Justin Ellworth's diary of sorts ....
My son has done three tours in the middle East. My husband and I treasured every email that he was able to send, read and reread them and kept them in a special folder with his name. He sent us what he wanted us to know. If he had been killed, I would have respected his right of privacy. The other emails, I'm sure, have to do with gaming, interactions with his friends and military humor (not always tasteful). While getting the other emails may have been nice, anything he wanted us to see he would have forwarded. There is much going on over there that he will not tell us, even now that he is back. I would not have fought the deletion of the emails out of respect and love for my son. I question why it is so important to the family to get the emails.
I wonder if the family had tried to reset his password. I just tried with my yahoo account. It asked me for my birthdate, zip code, and what country I was in, and the yahoo ID. Then I clicked next. Then it asked me a question, which I gave the matching answer to, and it reset my password. Has the family not tried just going through this process?