OK Law Addresses Virtual Estates

December 7, 2010 -

If you are planning your last will and testament in the state of Oklahoma, you now have to worry about what to do with your virtual belongings. According to a report in the IB Times (thanks EZK), a new state law in Oklahoma gives estate executors and administrators the power to "access, administer, or terminate" social media and online accounts.

According to former state Rep. Ryan Kiesel (D-Seminole), a co-author of House Bill 2800 (before he left office), the law is meant to remind people that, when they are planning what happens to their real-world estate, they should probably figure out what they want done with their virtual stuff as well.

"The number of people who use Facebook today is almost equal to the population of the United States," said Kiesel. "When a person dies, someone needs to have legal access to their accounts to wrap up any unfinished business, close out the account if necessary or carry out specific instructions the deceased left in their will."

"Digital photo albums and e-mails are increasingly replacing their physical counterparts, and I encourage Oklahomans to think carefully about what they want to happen to these items when they pass away," he added.

The bill became the law of the land on November 1. The bill assumes ownership of social media accounts belong to the person that created them, but many sites like Facebook claim ownership via service agreements users sign off on when they sign up.

Kiesel has acknowledged that the law "may conflict" with those service agreements, but said that it is intended to "get people thinking about" taking care of all of their business before they pass on to the other side.

While not emphatically stated, the law could have jurisdiction over other types of online content such as Xbox Live, PlayStation Network, MMO accounts, etc. - and all the content within.


Comments

Re: OK Law Addresses Virtual Estates

I've actually thought about matters like this before. Not with "pixel assets" in an MMO or photos or even my music or Steam libraries, but with something much simpler. To the people I've met and regularly kept contact with, how to let them know if something happens to me.

Not to replace "real life" friends with internet ones, but there are genuinely some connections that I'd like to see resolved if I should suddenly die. I would not mind having that in a will, or giving access to my accounts in order to see those wishes fulfilled.

I understand that some websites have been set up to make automatic messages go out, but I'd like a legal, recognizable way to make sure any such death notice message sent out is real, intended, and believable to be true. I mean, any idiot can sign up a fake death notice in his buddy's name as a prank. To get a letter or email from the state of Oklahoma is a slightly more concrete message.

Re: OK Law Addresses Virtual Estates

Hmm, who to bequeath my DLC & iTunes downloads to?

Re: OK Law Addresses Virtual Estates

Makes sense to me!  I bequeath the games in my Steam account to...

- Left4Dead

Why are zombies always eating brains? I want to see zombies that eat toes for a living. Undead-related pun intended.

- Left4Dead Why are zombies always eating brains? I want to see zombies that eat toes for a living. Undead-related pun intended.

Re: OK Law Addresses Virtual Estates

I am curious, why do we need new laws to deal with this?  Wouldn't it fall under the same rules that cover all other intangible possessions?  How are these legally differnt?

Re: OK Law Addresses Virtual Estates

If they're attached to login accounts, as social network information generally is, then 'just' breaking into them or having them shut down by a third party might fall foul of any laws surrounding logins- I believe it's illegal to log into someone else's website account without the permission of the account holder in the UK- this would be a way of formalising the matter in a will.

/b

 
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quiknkoldI'm not going to Sell Gamergate anymore. It can sell itself. But I will sell the integrity of the Gamer. That we are still good people, who create and donate to charitys, Who engage with those around us and just want to have a good time.09/17/2014 - 7:35pm
quiknkoldpeople should not be harrassed and punished for the actions of a few. I've always welcomed and accepted everybody who wanted to join in. Who wanted to make them, or play them. I love good strong female protagonists, and want more.09/17/2014 - 7:35pm
quiknkoldOne of the tennants of Gamergate is to stand up against Harrassment. That Gamers arent like those assholes. We can argue for days if the Sexism or Antifeminism or corruption is there or not, But the one thing I believe in and wear on my sleave is that09/17/2014 - 7:35pm
quiknkoldBut there were these websites, attacking me and people like me, for the actions of a few. and then others joined in on Twitter and other places. there was a hashtag that said "explain in 4 words a gamer" and it made me sick.09/17/2014 - 7:35pm
quiknkoldManchildren who are awful people and that the Identity of the Gamer should die. This hurt me personally. I've always identified as a Gamer. Even in my childhood years, I was a Gamer. All my friends are Gamers. Its one of the core parts of my identity.09/17/2014 - 7:34pm
quiknkoldUltimately, With the whole Gamergate thing, I jumped on it due to the harassment. A small number of assholes harrass Anita and Zoe, and then all the publications lumped together Gamers as this collective of Sexist White Bigoted Basement Dwelling09/17/2014 - 7:34pm
quiknkoldEZacharyKnight : Lemme ask you a question. We have people who cling to walls, people who fire lasers from their eyes, people who can shapeshift....and yet fabric needs to be upheld to RL physics?09/17/2014 - 6:54pm
james_fudgebody paint?09/17/2014 - 5:33pm
E. Zachary Knightquiknkold, I stand corrected on the buttcrack thing. Still, I know of no fabric that actually does that.09/17/2014 - 5:05pm
Andrew EisenSo... it's unethical to discuss the ethics surrounding public interest vs. personal privacy?09/17/2014 - 4:45pm
prh99The source for the game was just released not long ago, it's at https://github.com/keendreams/keen09/17/2014 - 4:43pm
prh99An Indiegogo champagin bought the rights to the early 90's game Keen Dreams to make it open source and release it on GOG etc. https://www.indiegogo.com/projects/let-s-get-keen-dreams-re-released-legally09/17/2014 - 4:42pm
james_fudgeAlso http://www.breitbart.com/Breitbart-London/2014/09/17/Exposed-the-secret-mailing-list-of-the-gaming-journalism-elite09/17/2014 - 4:29pm
Andrew EisenI read the Kotaku story. Nowhere does it say anything close to "Gamers are white bigoted sexist losers." It's commenting specifically on the crap being slung at people discussing gender issues in games. So, what's the problem?09/17/2014 - 4:06pm
Andrew EisenYeah, I can imagine Spiderwoman posed like in your second link.09/17/2014 - 4:00pm
Andrew EisenThat's not the same pose. Spiderman (who is wearing an actual outfit rather than body paint) is crouched low to the ground. Kinda like a spider! Spiderwoman has her butt up in the air like she's waiting to be mounted.09/17/2014 - 3:59pm
quiknkoldAndrew Eisen : Kotaku did a whiole article on it, as did others http://kotaku.com/we-might-be-witnessing-the-death-of-an-identity-162820307909/17/2014 - 3:59pm
CMinerQuiknkold: Do you think that there are no cases where a piece of art (painting, movie, videogame, comic cover, etc) is unambiguously sexist?09/17/2014 - 3:58pm
quiknkoldand can you imagine if Spiderwoman was posed like this? http://goodcomics.comicbookresources.com/wp-content/uploads/2013/02/spider-man1.jpg09/17/2014 - 3:58pm
Andrew EisenWhat games outlet is writing articles saying "Gamers are white bigoted sexist losers"? What examples have you seen of journalists being paid off for favorable reviews? Who's shaming what now? What's the problem with critiquing the Spiderwoman cover?09/17/2014 - 3:57pm
 

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