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Digital Estate
Digital inheritance is the passing down of digital assets to designated (or undesignated) beneficiaries after a person’s death as part of the estate of the deceased. The process includes understanding what digital assets exist and navigating the rights for heirs to access and use those digital assets after a person has died. Digital media play an increasingly important role in life. The media in which a digital inheritance resides can be fully owned by the deceased or under the control of a proprietary service provider. In contrast with physical assets, digital assets are ephemeral and subject to constant change. There are currently many obstacles to successful digital inheritance processes, as estate laws and privacy laws are still catching up with the way modern life is spent in the digital realm. Issues center around user privacy, intellectual property rights, and the legal liability of online corporations. With the average person having numerous online accounts, digital inheri ...
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Digital Assets
A digital asset is anything that exists only in digital form and comes with a distinct usage right. Data that do not possess that right are not considered assets. ''Digital assets'' include but are not exclusive to: digital documents, audible content, motion picture, and other relevant digital data that are currently in circulation or are, or will be stored on digital appliances such as: personal computers, laptops, portable media players, tablets, data storage devices, telecommunication devices, and any and all apparatuses which are, or will be in existence once technology progresses to accommodate for the conception of new modalities which would be able to carry digital assets; notwithstanding the proprietorship of the physical device onto which the digital asset is located. Types Types of digital assets include, but are not exclusive to: software, photography, logos, illustrations, animations, audiovisual media, presentations, spreadsheets, digital paintings, wor ...
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Backup
In information technology, a backup, or data backup is a copy of computer data taken and stored elsewhere so that it may be used to restore the original after a data loss event. The verb form, referring to the process of doing so, is "back up", whereas the noun and adjective form is "backup". Backups can be used to recover data after its loss from data deletion or corruption, or to recover data from an earlier time. Backups provide a simple form of disaster recovery; however not all backup systems are able to reconstitute a computer system or other complex configuration such as a computer cluster, active directory server, or database server. A backup system contains at least one copy of all data considered worth saving. The data storage requirements can be large. An information repository model may be used to provide structure to this storage. There are different types of data storage devices used for copying backups of data that is already in secondary storage onto archive ...
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Digital Rights
Digital rights are those human rights and legal rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, and telecommunications networks. The concept is particularly related to the protection and realization of existing rights, such as the right to privacy and freedom of expression, in the context of digital technologies, especially the Internet. The laws of several countries recognize a right to Internet access. Human rights and the Internet A number of human rights have been identified as relevant with regard to the Internet. These include freedom of expression, privacy, and freedom of association. Furthermore, the right to education and multilingualism, consumer rights, and capacity building in the context of the right to development have also been identified. According to an editorial in the journal ''La Civilta Cattolica'' the Internet is a global public good that should be accessible ...
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Computer Law
Information technology law (also called cyberlaw) concerns the law of information technology, including computing and the internet. It is related to legal informatics, and governs the digital dissemination of both (digitized) information and software, information security and electronic commerce aspects and it has been described as "paper laws" for a "paperless environment". It raises specific issues of intellectual property in computing and online, contract law, privacy, freedom of expression, and jurisdiction. History The regulation of information technology, through computing and the internet evolved out of the development of the first publicly funded networks, such as ARPANET and NSFNET in the United States or JANET in the United Kingdom. Areas of law IT law does not constitute a separate area of law rather it encompasses aspects of contract, intellectual property, privacy and data protection laws. Intellectual property is an important component of IT law, including ...
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Will (law)
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was ...
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Trustee
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility to transfer the title of ownership to the person named as the new owner, in a trust instrument, called a beneficiary. A trustee can also be a person who is allowed to do certain tasks but not able to gain income, although that is untrue.''Black's Law Dictionary, Fifth Edition'' (1979), p. 1357, . Although in the strictest sense of the term a trustee is the holder of property on behalf of a beneficiary, the more expansive sense encompasses persons who serve, for example, on the board of trustees of an institution that operates for a charity, for the benefit of the general public, or a person in the local government. A trust can be set up either to benefit particular persons, or for any charitable purposes (but not generally for non-charit ...
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Online Identity
Internet identity (IID), also online identity or internet persona, is a social identity that an Internet user establishes in online communities and websites. It may also be an actively constructed presentation of oneself. Although some people choose to use their real names online, some Internet users prefer to be anonymous, identifying themselves by means of pseudonyms, which reveal varying amounts of personally identifiable information. An online identity may even be determined by a user's relationship to a certain social group they are a part of online. Some can be deceptive about their identity. In some online contexts, including Internet forums, online chats, and massively multiplayer online role-playing games (MMORPGs), users can represent themselves visually by choosing an avatar, an icon-sized graphic image. Avatars are one way users express their online identity. Through interaction with other users, an established online identity acquires a reputation, which enables other ...
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Literary Executor
The literary estate of a deceased author consists mainly of the copyright and other intellectual property rights of published works, including film, translation rights, original manuscripts of published work, unpublished or partially completed work, and papers of intrinsic literary interest such as correspondence or personal diaries and records. In academia, the German term ''Nachlass'' for the legacy of papers is often used. Literary executor A literary executor is a person acting on behalf of beneficiaries (e.g. family members, a designated charity, a research library or archive) under a deceased author's will. The executor is responsible for entering into contracts with publishers, collecting royalties, maintaining copyrights, and (where appropriate) arranging for the deposit of letters. According to ''Wills, Administration and Taxation: a practical guide'' (1990, UK) "A will may appoint different executors to deal with different parts of the estate. One example of this i ...
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Executor
An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used. Overview An executor is a legal term referring to a person named by the maker of a will or nominated by the testator to carry out the instructions of the will. Typically, the executor is the person responsible for offering the will for probate, although it is not required that they fulfill this. The executor's duties also include disbursing property to the beneficiaries as designated in the will, obtaining information of potential heirs, collecting and arranging for payment of debts of the estate and approving or disapproving creditors' claims. An executor will make sure estate taxes are calculated, necessary forms are filed, and . They will also assist the attorney with the estate. Additionally, the executor acts as a legal conveyor who designates where the donations will be sent using the information left in ''b ...
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Death And The Internet
A recent extension to the cultural relationship with death is the increasing number of people who die having created a large amount of digital content, such as social media profiles, that will remain after death. This may result in concern and confusion, because of automated features of dormant accounts (e.g. birthday reminders), uncertainty of the deceased's preferences that profiles be deleted or left as a memorial, and whether information that may violate the deceased's privacy (such as email or browser history) should be made accessible to family. Issues with how this information is sensitively dealt with are further complicated as it may belong to the service provider (not the deceased) and many do not have clear policies on what happens to the accounts of deceased users. While some sites, including Facebook and Twitter, have policies related to death, others remain dormant until deleted due to inactivity or transferred to family or friends. The FADA (Fiduciary Access to Dig ...
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Online Memorial
An online memorial is a virtual space created on the Internet for the purpose of remembering, celebrating, or commemorating those who have died. An online memorial may be a one-page HTML webpage document giving the name of the deceased and a few words of tribute, an extensive information source, or be part of a social media platform where users can add their own words and photos. An example of an online memorial iThe COVID Memorial which is a global memorial to commemorate all those who have lost their lives due to COVID-19. History A few individual online memorials started appearing on the Internet in the late 1990s. Many were websites created in response to the death of a person who was in the public eye, rather than for general members of the public. One example of this is the collective memorial website Find a Grave, which at that time was focused on publishing memorial information about famous people. Also during the 1990s, newspapers and funeral homes began contributing obi ...
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Digital Estate Memorial
An online memorial is a virtual space created on the Internet for the purpose of remembering, celebrating, or commemorating those who have died. An online memorial may be a one-page HTML webpage document giving the name of the deceased and a few words of tribute, an extensive information source, or be part of a social media platform where users can add their own words and photos. An example of an online memorial iThe COVID Memorial which is a global memorial to commemorate all those who have lost their lives due to COVID-19. History A few individual online memorials started appearing on the Internet in the late 1990s. Many were websites created in response to the death of a person who was in the public eye, rather than for general members of the public. One example of this is the collective memorial website Find a Grave, which at that time was focused on publishing memorial information about famous people. Also during the 1990s, newspapers and funeral homes began contributing obi ...
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