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Notes:

[1] Internet Live Stats, Internetlivestats.com. (accessed April 4, 2016).

[2] Internet Live Stats, Internetlivestats.com. (accessed April 5, 2016).

[3] Compare definition in Fiduciary Access to Digital Assets Act, Revised, § 2(10) (2015) (“Digital asset” means a record that it electronic. The term does not include an underlying asset or liability unless the asset or liability is itself a record that is electronic) with definition in Privacy Expectation Afterlife and Choices Act (PEACC) § 6(a), (rejecting term digital asset and adopting definition for content used in Wire and Electronic Communications Interception of Oral Communications Act, 18 U.S.C. § 2510(a)

[4] E.g., supra n. 3; Nolo Law for All, Nolo.com. (accessed April 6, 2016).

[5] For example, you may store a picture on an online site like Shutterfly. While you are alive, you can download the picture, thus transforming it into its physical form. However, it also still exists in its digital form. At the same time, you do not own the place where it is stored, the software used to store it, or the software used to transmit it.

[6] Walker, Rob. “Cyberspace When You’re Dead.” The New York Times Magazine, Jan. 5 2011

[7] Shontell, Allyson and Jillian D’Onfro. “Million-Dollar URLS: The most expensive domain names of all time.” Business Insider, businessinsider.com, Jul. 10, 2015. (accessed April 6, 2016).

[8] Lee, Timothy B. “Hackers allegedly stole $400 million in bitcoins. Here’s how to catch them.” The Washington Post, February 28, 2014

[9] Harbinja Edina. “Virtual Worlds-a Legal Post-Mortem Account.” (2014) 11:3 SCRIPTed (2014) 11:3 273 (accessed April 6, 2016).

[10] Zhuolun Li, and Ke-Wei Huang, The Monetary Value of Twitter Followers: Evidences from NBA players, Thirty Fifth Conference on Information Systems, Auckland 2014. (accessed April 6, 2016).

[11] Milk, Leslie, “Don’t Let Your Husband Take His Passwords to the Grave.” Washintonian, June 9, 2015.

[12] Johnson, Joel. “You don’t own your Kindle books, Amazon reminds customer.” NCBNews.com. October 24, 2012. (accessed April 6, 2016).

[13] See Electronic Communications Privacy Act and the Stored Wired Electronic Communications Act, commonly referred together as the Electronic Communications Privacy Act (ECPA of 1986), 18 U.S.C. § 2510-22; see also HortonDavid “The Stored Communications Act and Digital Assets,” pp. 1734-35, 67 Vand. L. Rev. 1729 (2014).

[14] Marchitelli, Rosa. “Apple Demands widow get court order to access dead husband’s password.” CBCNews.ca. Jan 18, 2016. (accessed. April 6, 2016).

[15] Huet, Ellen. “Who Will Take Care of Your Digital Legacy After You Die? Poll Says Many People Haven’t Specified. Forbes, forbes.com. April 21, 2015. (accessed April 6, 2016).

[16] Supra, n. 13; see also Federal Computer Fraud & Abuse Act, 1986 18 U.S.C. s 1030.

[17] See e.g., the terms of use for Apple:

The Apple Music Service is operated by Apple from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Apple Music Service. All transactions on the Apple Music Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the Apple Music Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Apple or relating in any way to your use of the Apple Music Service resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary this Agreement.[cite]. Apple.com (accessed April 6, 2016).

[18] See, e.g., Connecticut pub. Act No. 05-136 (2006) (email only); Idaho SB 1044 (2011) (social media).

[19]   Prior to enacting the revised FADAA in 2016, Nevada only permitted a fiduciary to “direct the termination of any account of the decedent,” other than financial accounts. It also specifically recognizes the internet providers’ TOSAs and provides that the legislation “does not invalidate or abrogate” any of these terms. Nev. Rev. Stat. §143.188 (rev. 2016).

[20] Opposition to the Uniform Fiduciary Access to Digital Assets Act, The National Law Review, last visited October 1, 2015. Delaware passed a modified version of the law in 2014.

[21] See supra n. 3.

[22] Fla. Stat, §§ 740.001-009 (2016) (effective July 1, 2016), Idaho Cod. Ann. §§ 15-14-101-119 (2016); Uniform Fiduciary Access to Digital Assets Act, Ind. Pub. L. No. 137 (2016); Fiduciary Access to Digital Assets Act, Mich. 2016 Pub. L. No. 0059 (2016) (effective June 27, 2016); Revised Uniform Fiduciary Access to Digital Assets Act (2015) Or. SB 1554 (effective January 1, 2017); Revised Uniform Fiduciary Access to Digital Access Act, Tenn. Pub. L. No. 570 (effective July 1, 2016); Revised Uniform Fiduciary Access to Digital Assets Act, Wash. SB 5029 (signed on March 31, 2016); Digital Property Act, Wis. AB 695 (signed March 30, 2016); Wyo. Pub. L. 39 (2016).

[23] Va. Code. Ann. § 64.2-109 (2015).

[24] What If, “Facebook of the Dead.” Whatif.com. (accessed April 6, 2016).

James Nguyen
James Nguyen

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