Take Care of Your Digital Legacy
End of Life Planning
The internet is now part of everyday life. Online social media keeps you connected with friends and family. You share experiences until one day someone (you) disappears from the conversation. Who tells digital friends you have died? Personal accounts on sites like Twitter, Facebook, LinkedIn, Instagram, YouTube, and Google may contain photos, videos and sentimental notes about your life. Are these things you want to remain visible in perpetuity? Digital companies each have slightly different rules about what happens when you die. The prospect of dying may present three options.
- You delete all online content before you pass away.
- The account is “memorialized” and a nominated curator can add a header note announcing your death, but is unable to alter existing posts.
- The internet company deletes everything in the account when you die.
You should plan ahead by making a will. As well as thinking about physical and financial assets, consider your digital legacy. Now is the time to talk to family about your online presence. They may have a view about maintaining or deleting it. With forethought, your great-great-great grandchildren may be able to hear your voice and see your fashion sense many years in the future.
In 2017, 71 percent of internet users were social network users and these figures are expected to grow.
In 2016, more than 81 percent of the United States population had a social media profile.— Statista.com
Setting Up a Digital Legacy
Make a spreadsheet, showing what you would like to happen to each account.
Who do you want to be the custodian of your digital legacy including social media?
Do you want them to curate the account? Or delete it?
Find out how each of your platforms deals with death.
Download social media will template from the Digital Legacy Association website.
Tell your next of kin your passwords or keep them on a password manager.
Memories of a Beloved Son and Friend
Does Your Online Legacy Provide Comfort or Cause Distress?
The video above is of a grieving mother remembering her son who committed suicide. He planned his own death, and chose to leave his videos and photos online. The legacy account has brought some comfort to friends and family by connecting them with positive memories of the deceased.
Facebook allows you to add a Legacy Contact to look after your account if you die. However, once you have passed away, this person can make only minor changes. The account is “memorialized” and effectively locked by Facebook. A Legacy Contact cannot remove or alter individual posts. Facebook argues they are protecting the privacy of the individual. Google and other online websites use the same argument. The terms of service (TOS) agreed by an account holder in life remain in force when they are dead. This policy can cause distress where death is sudden and unplanned.
In 2014 Hollie Gazzard was murdered by her ex-boyfriend Asher Maslin in Gloucester, UK. She was just 20 years old. Her Facebook account contained several pictures of her and her killer from happier times. Her family found these upsetting and asked Facebook to remove them. The internet giant refused citing client privacy and TOS. It was only after threatening legal action under copyright law that Facebook finally took down the photos more than a year later.
How prepared are you for a digital afterlife?
Are You a Digital Native or a Digital Immigrant?
Anyone born after 1985 is a digital native. You have grown up with the internet. Using it is as much a part of your life as breathing. You connect with the world online and your digital life is a record of your highs and lows. You share experiences with friends and are part of a global social network.
If you were born before 1985 you are a digital immigrant. You started using the internet later in life. Some of you are enthusiastic adopters, while others keep the world-wide-web at arm’s length. Death can occur suddenly and be unexpected. It could be due to an accident, illness, suicide or even murder. None of us know what the future holds, so whatever your age, you need to think about your online legacy.
Online Estate Includes Social Networking and Blogs
Dying is still a taboo subject, but death is something that will happen to each one of us. Writing a will can make your passing less stressful for surviving relatives and friends. Plan what you would like to happen to your estate and remember to include not only physical property but also digital assets.
Your online legacy includes anything you have posted and not deleted before your death. Social media accounts like Facebook, Twitter, and Snapchat as well as financial accounts such as banking or gambling websites are all affected when you die. Words and money left in any of these digital places are in limbo on your passing unless you have left legally enforceable instructions.
Legal Considerations for Your Digital Legacy
We Need to Talk About Death
The rules about what happens to your digital estate after death are relatively new. Most online account TOS relating to afterlife curation have not been tested in the courts. The clearer your make your wishes, the better the chance your heirs will be able to implement them. All of us need to have a conversation about death and internet afterlife with our family and friends.
There is a conflict between existing contract and privacy laws versus inheritance and copyright laws. The issues around who controls afterlife accounts is becoming a key battleground between relatives and social media companies.
Each social media website works in a slightly different way. To help your heirs and executors you could take screenshots of all the steps needed to carry out your wishes. This will increase their confidence and minimize delay in informing your online friends of your demise.