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story category Webmail Privacy After Death
Dead soldier's family wants e-mail access
(old news - 05:34PM Tuesday Dec 21 2004)
tags: privacy · mail
The family of a Marine killed in Iraq is pleading with Internet giant Yahoo! for access to his e-mail account, reports the Associated Press, but the company says such a move would violate its privacy policy. "While we sympathize with any grieving family, Yahoo! accounts and any contents therein are nontransferable, even after death," says a Yahoo! spokesperson.

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Forums » Webmail Privacy After Death
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kapil
The Kapil

join:2000-04-26
Chicago, IL

Yay Yahoo!

About time some giant faceless corporation sticks to its privacy promise.
--
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Dude111
An Awesome Dude
Premium
join:2003-08-04
USA
·Time Warner VOIP

Re: Yay Yahoo!

I say if they want access,they find the password out THEMSELVES somehow.......

Why do they wanna go creeping into his inbox for anwyay??? All they will see is TEXT,i mean its not like Hand written letters where they see HIS HANDWRITING......I gue$$ i dont understand..........

rideboarder
welcome to the social
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join:2003-07-28
Snohomish, WA
clubs:
Good job Yahoo!, I might just start using my Yahoo! email account again....At least they aren't bending their rules, which is a good sign.

ruscorp
I Never Stop Posting For You
Premium
join:2002-08-29
Earth
clubs:

Re: Yay Yahoo!

said by rideboarder See Profile:

Good job Yahoo!, I might just start using my Yahoo! email account again....At least they aren't bending their rules, which is a good sign.
I'd have to agree here while I do sympathize with the brave soldiers family. It's good to see Yahoo! stands it ground. If they are looking for something so important why not get a court order?
--
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Nerdtalker
Working Hard, Or Hardly Working?
Premium,MVM
join:2003-02-18
Tucson, AZ
clubs:
This is a sticky situation.

On one hand, it'd be nice to see them give over that info. On the other, it would be alarmingly counter-productive. (sets bad precedent)

calvoiper

join:2003-03-31
Belvedere Tiburon, CA

Re: Yay Yahoo!

....yeah, real nice, until his family discovers the girlfriend, gay lover, or whatever secrets he thought might be safe with e-mail.

No particular aspersions are cast towards this particular fallen soldier, but what the family might find out might be very unpleasant--so why risk it?

calvoiper

BodyBumper

join:2004-06-21
Beverly Hills, CA

If there was something criminal about his death I'm all for the family having access other than that the family should bug off because there is no real reason why they should have access nor have they provided a reason I'm glad yahoo is standing firm.
--
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JamesHutto

join:2004-05-09
Olar, SC

Re: Yay Yahoo!

said by BodyBumper See Profile:

If there was something criminal about his death I'm all for the family having access other than that the family should bug off because there is no real reason why they should have access nor have they provided a reason I'm glad yahoo is standing firm.
If there is something criminal about his death, i.e. wrongful death, then the authorities are able to serve warrants, subpeonas, court orders, to access this informtion, AFTER they have shown the appropriate courts probable cause that information contained in his accounts is relevant to an ongoing investigation. Wrongful death still doesnt grant his parents access to his accounts.
johnbor

join:2004-03-30
Burton, OH
If they want it so bad and yahoo wont give em access , get a lawyer to stand in front of a judge and ask the court to order them to release the password for access. Im sure no judge would be so insensitive..

BodyBumper

join:2004-06-21
Beverly Hills, CA

Re: Let judge decide.

said by johnbor See Profile:

If they want it so bad and yahoo wont give em access , get a lawyer to stand in front of a judge and ask the court to order them to release the password for access. Im sure no judge would be so insensitive..
Lets just hope there arent judge's out there that brainless and I still havent found out why they want access to his email account to begin with.
--
DO NOT DOWNLOAD FROM OPENWARES!»methlabs.org/howtotell/
eric0668

join:2004-12-11
Nottingham, MD
insensitive? I am not going to say much about this.

You are the insensitive one. WHAT WOULD THE FAMILY GET OUT OF READING HIS MAIL. IT IS NOT LIKE IT IS HANDWRITTEN MAIL THAT HE WROTE. IT IS NONE OF THEIR BUSINESS.

Dude111
An Awesome Dude
Premium
join:2003-08-04
USA
·Time Warner VOIP


1 edit

Re: Let judge decide.

said by eric0668 See Profile:


IT IS NOT LIKE IT IS HANDWRITTEN MAIL THAT HE WROTE. IT IS NONE OF THEIR BUSINESS.
EXCELLENT PO$T!!!!!!!!

Thats exactly what i said be4......It ISNT his handwriting so i really dont see the big deal........

Wouldnt it be a shock though if they spent thosands of dollars to get a judge to let them in,they got in,and it said there was nothing in it.

I really dont know why they want in so bad,why pry on thier sons private life??????? (Im sure he didnt keep anything secret in THAT account anyway)

fireflier
Coffee. . .Need Coffee
Premium
join:2001-05-25
Limbo
Oh crap, you made me spray coffee all over my keyboard!

Dude111
An Awesome Dude
Premium
join:2003-08-04
USA
·Time Warner VOIP

Yes,this soldier might have wanting to go AWOL and was leaving peeps sad messages,im sure his parants wouldnt wanna be saddend even more

I dunno,if they have any way of getting into his account ON THIER OWN,i'd say go for it,then if they find out anything disturbing,they got no one to blame but themselves for prying.........(Cant blame yahoo then)
csprocket

join:2004-12-23
Boise, ID

I feel for the family, but YaHoo needs to stand by it's policies in order to remain integrous to its customers (and the soldiers memory). The soldier emailed his family what he wanted them to see. The family is tasked with contacting the soldiers friends to see if THEY want to disclose their correspondence with the family. They are still alive and have rights. I am thankful of YaHoo's stance.

Mentat
The zeitgeist sucks
Premium
join:2001-02-25
Sugar Land, TX

Don't set a bad precedent, Yahoo

They better stick to their guns on this....
twitchyx

join:2003-06-29
Plano, TX

yahoo

Good for them. I wouldn't want my family going through my email after I die.

IllIlIlllIll
EliteData
Premium
join:2003-07-06
Lindenhurst, NY

Re: yahoo

might be something important, you never know.

atangel
Now What??
Premium
join:2002-02-18
Bronx, NY

2 edits
Your family will go through everything after you (or mine for me when I) die. Make sure to empty the drawers and clean under the bed beforehand.......

atangel
Now What??
Premium
join:2002-02-18
Bronx, NY

Why Not?

I feel bad for the family, and I get why Yahoo doesn't want e-mail addresses inherited in perpetuity, but I think the family ought to have "Survivors Rights" to the content... the same way a wife can get into a husband's bank account. IF bank can allow that, so can Yahoo. Delete the account eventually, return the name to the pool, but a legal document or two and hand over a CD of the account's contents.
--
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kapil
The Kapil

join:2000-04-26
Chicago, IL

Re: Why Not?

Yahoo NEVER returns IDs to "the pool" once they have been used for email.

...and there is a big difference between a bank account and an email account. Even so, unless I give explicit direction on what to do with my bank accounts after I die, no one - even family - can touch my accounts. Why should email be any different? If Yahoo promised the dead guy that it would honor his privacy, who are mommy and daddy to interfere in this two party relationship between Yahoo and their son?

Just because they are mad for their son being killed doesn't mean the world owes them everything.

But I am sure that they will sue and hold candle light vigils and do Oprah shows about how American companies don't support our troops and that will somehow convince Yahoo to break its own privacy policy.
--
::: Do, or do not, there is no try:::»www.kapilville.com

atangel
Now What??
Premium
join:2002-02-18
Bronx, NY

Re: Why Not?

IDs aside, Then let it go into probate. And yes they (immediate family, e.g, wife) can get in to your sock drawer after you are gone, unless you state otherwise. You got it backwards.

rideboarder
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Snohomish, WA
clubs:

Re: Why Not?

Well, the policy does state that no one will be able to read it after his death. He obviously accepted that when he created his account, therefore he did NOT want his parents reading his emails....If he did, I'm sure he would have given his password to his parents.....

So from what we know he did not want anyone reading his emails...if he did, then he should have read the policy in the first place.

atangel
Now What??
Premium
join:2002-02-18
Bronx, NY

Re: Why Not?

Family has access to your whole after your death. Even with snail mail if you didn't ditch the letter, they own it. Same thing with e-mail. If you were silly enough to keep an embarrassing letter, then you will be embarrassed after you are dead.

Like I said, I think they deserve survivor's rights. And if someone can get into your bank account, car, letters, phone, everything else that was "yours," they sure as heck have a legal right to your e-mail.

I still think they need an order from the court, but the access can be passed on.

Otherwise, encrypt the contents and burn the key.
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rideboarder
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Snohomish, WA
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Re: Why Not?

The problem is that they DO NOT have a legal right to access his email account.

atangel
Now What??
Premium
join:2002-02-18
Bronx, NY

Re: Why Not?

On that, we sort of agree (I think they deserve the right, I don't think they have them now) and the courts will decide. I think the Yahoo's TOS will need to be amended. It is unenforceable, I think. How will they know when anyone is dead except by accident?

I mean, there is NOTHING private about unencrypted e-mail. Nothing all. Straight plain text that can be read and copied anywhere between here and there: by your sysadmin or ISP, the boxes in between, and then the recipient's ISP/SysAdmin. Not mention any local mailbase/storage.

You want private and secret, then 99.9% of the Internet using public is going to have to do better and start using encryption (in place of a burning fireplace filled with old love letters).
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rideboarder
welcome to the social
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join:2003-07-28
Snohomish, WA
clubs:

Re: Why Not?

Well yeah, nothing is private about email, however he did expect Yahoo! to follow their policy. So I'm sure he didn't want his emails read by his parents....I feel bad for the parents, however Yahoo does have to stand ground on this, otherwise their email service will be looked at negatively.

And I agree, the court should rule whether or not they are allowed to look at the emails...It would be wrong to make Yahoo! do it without a court order.

atangel
Now What??
Premium
join:2002-02-18
Bronx, NY

2 edits

Re: Why Not?

I bet he never read it! So few do.... Me included.... but the other way. I figured nothing was private about that account

Yeah, it will definitely go to court.

rideboarder
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Re: Why Not?

said by atangel See Profile:

I bet he never read it! So few do.... Me included.... but the other way. I figured nothing was private about that account

Yeah, it will definitely go to court.
Well that goes to show that more people should be reading the agreement... (I don't read it either, but I personally don't care what happens to my email accounts after I die)
JamesHutto

join:2004-05-09
Olar, SC

said by atangel See Profile:

Family has access to your whole after your death. Even with snail mail if you didn't ditch the letter, they own it. Same thing with e-mail. If you were silly enough to keep an embarrassing letter, then you will be embarrassed after you are dead.

Like I said, I think they deserve survivor's rights. And if someone can get into your bank account, car, letters, phone, everything else that was "yours," they sure as heck have a legal right to your e-mail.

I still think they need an order from the court, but the access can be passed on.

Otherwise, encrypt the contents and burn the key.
Quote some legal posting that entitles someone to my email after my death... the bank accounts, car, letters, phone, etc, have to go through probate court if it isn't specified in a Will. Just because I die, my parents do NOT get my personal belongings because they are my parents.

I just completely read through the Yahoo TOS and Privacy policies. No where in the entire literature does it mention anyone having the right to my email in the event of my death.

The only thing I see that may create a loophole for families is this :


The TOS and the relationship between you and Yahoo shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Yahoo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.


Now, I know nothing of California's laws regarding Probate or Family Court, or any other laws pertaining to ownership of property. There may be some law in California that would allow the disclosure to someones family. I doubt it since this article stated Yahoo declined to cooperate already.

Yahoo does state that it will disclose information upon receipt of a proper court order, and disclose only the information requested in such order. Examples of this are : people that may be in danger, child pornography, releasing information on a person who is under investigation, and there is probably cause to think that they are using Yahoo services to aid them in committing these crimes. These are just a few instances where court orders would require Yahoo to release certain information to Law Enforcement.

I couldn't find anything in the Yahoo TOS or Privacy Policy that states Yahoo will release account information, or allow access to an account without that person/party having the proper ID/password combination.

atangel
Now What??
Premium
join:2002-02-18
Bronx, NY


2 edits

Re: Why Not?

OMG, I don't get it... Everybody who gives up their right to privacy in life (all of us a little) think it somehow becomes sacrosanct in death? Without rehashing some of my other args...

It varies slightly, state to state, and there may be a formality with probate, but so what? They get it in the end. If you are married and there is no will, it goes to the spouse. If you aren't, Mom/Dad. If you have kids, and no spouse, they get it. End of story. The law books are larger than this paragraph, but that's it in a nutshell.

»www.premack.com/columns/2001/2001-09-21.htm

Edit: Saw your double post. Read my posts again. You missed the bit about content.

garagerock
Premium
join:2002-06-14
Louisville, KY

Re: Why Not?

quote:
It varies slightly, state to state, and there may be a formality with probate, but so what? They get it in the end. If you are married and there is no will, it goes to the spouse. If you aren't, Mom/Dad. If you have kids, and no spouse, they get it. End of story. The law books are larger than this paragraph, but that's it in a nutshell
wow, practicing law these days? your ascertation is completely incorrect. nobody gets anything unless there's a will-and if there isn't, it goes to probate and they decide, which means usually the state, not mommy and daddy, end up with the "estate" of the deceased. the "estate" is mostly a financial arrangement, but it also applies to the belongings and personal affects of the deceased. one could argue the contents of his email are personal affects and therefore should be sent to probate, who again would decide (if anyone) should read those emails.

why on god's green earth would anyone want to read his emails? just plain creepy.

atangel
Now What??
Premium
join:2002-02-18
Bronx, NY

Re: Why Not?

said by garagerock See Profile:

quote:
wow, practicing law these days?
In this thread? Who isn't? Yourself included!

garagerock
Premium
join:2002-06-14
Louisville, KY

Re: Why Not?

well, that still doesn't answer the question...why does anyone want to read these emails?

atangel
Now What??
Premium
join:2002-02-18
Bronx, NY

Re: Why Not?

That's one of the questions that is impossible to answer unless you are in their shoes. We can spend all day guessing and still never come up with the right answer as to what is going through their heads.

I do know this. When someone close to you dies, you try to hold onto whatever parts of them you can. Maybe he wrote beautifully, or was expressive, or was funny, or ??? And maybe they hope to capture part of that "spirit" and see something new that he wrote and feel him again through something beautifully written, or expressive or funny...

I'll argue the grand merits of whether they can get in or not, as this forum is always a great place for exchanging ideas and thought, but I can't bring myself to argue the "why."
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JamesHutto

join:2004-05-09
Olar, SC

said by rideboarder See Profile:

So from what we know he did not want anyone reading his emails...if he did, then he should have read the policy in the first place.
Also remember, that this issue isnt about reading his email. They are asking for account access. Yahoo states it very clearly that they are not responsible for passwords. They will not get access to his account information. Only Law Enforcement will be able to do that.

If a Probate Judge says they have to right to his emails, or content of the mail, then Yahoo will provide the courts with the entirety of the account. They will NOT provide a password... PERIOD
VirtualLarry
Premium
join:2003-08-01

said by kapil See Profile:

Yahoo NEVER returns IDs to "the pool" once they have been used for email.
Then why are mailboxes closed after 90 days of disuse? That seems awfully short to me, unless the names are eventually re-used. I thought Hotmail waited six months.
said by kapil See Profile:

Why should email be any different? If Yahoo promised the dead guy that it would honor his privacy, who are mommy and daddy to interfere in this two party relationship between Yahoo and their son?
If this was GMail, there would be a sort of creepy irony here - the mails would be archived nearly forever, and his living relatives wouldn't be allowed access, and yet Google's mechanized advertising spiders would be able to troll through his messages until the end of time... almost like "the worms", you know, after you die... (shudder).

GlenEd

@yahoo.com

Not true - if you die, then SOMEONE inherits your body and your assets; it may be up to a probate judge, but the bank can't simply claim your assets or contents of your safe-deposit box. Even if no one comes forward, it transfers to the state after seven years, and they still have to give it to the heirs whenever someone steps up and shows proof of relationship.

b_zen
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Saint Louis, MO
clubs:
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said by atangel See Profile:

but I think the family ought to have "Survivors Rights" to the content... the same way a wife can get into a husband's bank account.(...) but a legal document or two and hand over a CD of the account's contents.
Some doors are better left un-opened...
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Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY
·Qwest.net

Crap

The family wants access to the Soldier letters what difference does it make if they are snail, or e-mail. This is total horse crap. Hey EFF where are you?
--
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fegul
Premium
join:2004-08-23
united state

Re: Crap

How many of us write intensly personal, warm e-mail messages? They might not be prepared for what's in store either
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Persona
Premium
join:2004-07-07
Gravenhurst, ON

let them read it all

I see this as an extenuating moment - let them read his email - if what they find is less than savory or exactly what they were looking for - then so be it.

atangel
Now What??
Premium
join:2002-02-18
Bronx, NY

Re: let them read it all

said by Persona See Profile:

I see this as an extenuating moment - let them read his email - if what they find is less than savory or exactly what they were looking for - then so be it.
Be careful how you live, you might be embarrassed after you're dead!
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DrewCapu
Giant Diehard

join:2001-12-19
California
clubs:

5 words

Leave it in your will
(if it is that important)
davidcb13

join:2004-02-06
Branchville, NJ

Re: 5 words

said by DrewCapu See Profile:

Leave it in your will
(if it is that important)
or just give em the password

DrewCapu
Giant Diehard

join:2001-12-19
California
clubs:

Re: 5 words

said by davidcb13 See Profile:

said by DrewCapu See Profile:


Leave it in your will
(if it is that important)
or just give em the password
Not while I'm alive.
That's the whole point of a will. To entrust things to others that you feel may benefit them.

Whatever the case may be, there's absolutely nothing in my email account that anybody would need to see after my death. If there was some correspondence of any importance, I'm sure the recipient/sender on the other side would've kept it.

The question to everybody then becomes:
What could possibly be in your (web-based) email that is so important that your family would need access to it after your death?

technick
Premium
join:2000-12-16
Loganville, GA

Interesting Issue

I agree that this issue is a very complex issue. I believe that the family should get death rights in this case to review the contents of the email box. Sometimes when a guy passes away like that, there might be "unfinished" business, and things that need to be tended to in his mail box. [insert important business here] that will continue on even after he dies.

Yahoo should allow this with proper documentation of the death, and identification of the family to make sure they are who they say they are.

kapil
The Kapil

join:2000-04-26
Chicago, IL

Re: Interesting Issue

If you're conducting that important of business via email, I sure as hell hope you don't use a free Yahoo webmail account to conduct that business!

Carl
Premium
join:2004-07-21
Krotz Springs, LA

Re: Interesting Issue

said by kapil See Profile:

If you're conducting that important of business via email, I sure as hell hope you don't use a free Yahoo webmail account to conduct that business!
I once knew a realtor who did that....lol
--
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jose3030
Premium
join:1999-08-17
Manassas, VA
Screw it , he's dead.

It aint like they're gonna mess up his credit rating.

kapil
The Kapil

join:2000-04-26
Chicago, IL

Re: Interesting Issue

Actually...technically they could. They could use his identity to obtain credit. There are only 2 problems: 1...it's fraudulent and 2...most creditors verify applications for credit against the SSA's death index for this precise reason.
--
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PhoenixAZ
Joshua
Premium
join:2004-01-04
Phoenix, AZ

if...

you could take his brain out, and put it in some sort of brain scanner, then find out the password.
Anyways, the family shouldnt try to convice yahoo, and good thing for Yahoo to not grant them access because of their privacy policy. Atleast they abide by their own policies, unlike some certain companies out there.

Happyrat
Google Is Your Best Friend
Premium
join:2002-07-01
Disneyland

The Family has Rights Too...

I agree that the account should be turned over to his surviving family. If it's a question of dying intestate, then it should be handled like any other case of dying without a will, but ultimately the contents of the mailbox rightfully belong to his heirs.

I mean besides the usual viagra and mortgage spam, there should be some precious photos in there. Clues to who the soldier corresponded with online should be there too so the appropriate people can be notified.

This really does sound to me like a case where the EFF should get involved. Yahoo's privacy policy should not usurp the deceased's and his family's property rights in a case like this.
--
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See 12 replies to this post

graysonf
Premium,MVM
join:1999-07-16
Fort Lauderdale, FL

Should have...

The marine, and anyone else in a similar situation, should have set up a "deadman's switch" message here:

»www.liquidmarkets.com/?name=cronmail

That way, if something happened to him, and he didn't disable the message, it would have been sent. It could have contained the account name/passwords and any other important information.

See 24 replies to this post

Karebear
2006 Is Love A Canadian Year
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Oakville, ON
·Cogeco Cable
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STBH

Also, what if he didn't want his account in anyone elses hands, including his widow? What if there are emails from an affair he had? Then yahoo gets sued for that. An agreement is an agreement.
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MonkeyPox4

join:2004-12-21
Lafayette, LA

Good for Yahoo

Frankly, I don't want my family looking through my email. There's things in there that they have no business seeing. While I empathize with the family, Yahoo is well within its' rights to tell them to step off. Exceptions make for a slippery slope.
XLinksysUser

join:2004-04-03
Brooklyn, NY

um

I think his family should NOT be entitled to his email account.

It was his personal account. Just because now he is dead, they have the right to access your email? Eh?

If i was yahoo, I wouldnt give the account up.

Good move yahoo.

David
No,there is another.
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Granite City, IL
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Well there is 2 issues here

• E-mail privacy
• Death rights

Not sure, but I think technically if the family gets a court order/warrant I think yahoo would have to turn it over to them (the court). That is one possibility...

I believe in the SBC world I think they do it (unconfirmed) if you supply the following information. Keep in mind I am not completely sure on this!!

• Death Certificate
• Marriage Certificate (if married)
• Birth certificate (from parents if not married)
• Both Parents' consent if seperated
• Court order/warrant from state*

Last one I am not sure about, plus we would not be able to even do this over BBR either. It might be best to contact the company in your state to determine what they require. Even then I only think you get printed copies..

Keep in mind I think this is the policy... DO NOT HOLD ME TO THIS FOR I AM NOT SURE!!
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NPGMBR

join:2001-03-28
Arlington, VA

Re: Well there is 2 issues here

I think you are forgetting that none of us actually owns our email accounts. Even the emails we create and send to others (if I recall correctly) are now solely owned by the user.

outspoken72
An Irish Jayhawk
Premium
join:2000-10-03

careful

Just as i had said in another thread...
the family may want to be careful:

"Be careful for what you ask for...you just may get it."
SanJoseNerd
Premium
join:2002-07-24
San Jose, CA

Sick Yahoo

I'm sickened that Yahoo won't give the family access to the email.

1. For U.S. Mail, there is no question that the family is entitled to open a dead person's mail. Certainly email is not more protected or private than U.S. Mail.

2. Legally, a contract does not survive a person's death in most cases. I'm not a lawyer, but I think the privacy policy is no longer a binding contract.

3. Since when does Yahoo treat its privacy policy as a binding contract anyway? Yahoo has a history of ignoring user's requests to opt-out of marketing. Yahoo email addresses somehow get into the hands of spammers even if they're never used (Yahoo denies selling its list, but no one believes them).

It's sick that this is the issue on which Yahoo takes a stand. Sick. [Expletives deleted.]
JamesHutto

join:2004-05-09
Olar, SC

Re: Sick Yahoo

I'll try to make this my last post on the subject, as some people think Yahoo owes these parents something.

If he wanted his email accounts passed on to ANYONE, he would have left it in a Will. Most of the Armed Forces over in the war, have left a standing Will before they left for their destination, fully understanding they might die.

If he wanted his email accounts passed on, he'd have left the id/password with someone, i.e. his family.

If they are having to go through this amount of trouble with Yahoo trying to access these account(s), then he didnt want them to have access to them.

Thats my personal feelings on the matter. I have three relatives in Irag right now, and all three have left instructions of what to do with their belongings in case of death. Every detail of their life is written out in great detail, INCLUDING EMAIL ACCOUNTS.
moonpuppy

join:2000-08-21
Glen Burnie, MD
·Verizon Online DSL

said by SanJoseNerd See Profile:

3. Since when does Yahoo treat its privacy policy as a binding contract anyway? Yahoo has a history of ignoring user's requests to opt-out of marketing. Yahoo email addresses somehow get into the hands of spammers even if they're never used (Yahoo denies selling its list, but no one believes them).
If the family wants the email, maybe Yahoo will let them pay spammer's rate to get into it. Maybe even let them use it for a while (insert sarcasm here.)
VirtualLarry
Premium
join:2003-08-01

said by SanJoseNerd See Profile:

2. Legally, a contract does not survive a person's death in most cases. I'm not a lawyer, but I think the privacy policy is no longer a binding contract.
3. Since when does Yahoo treat its privacy policy as a binding contract anyway?
That's a really good question. Most "policies" are like "terms of service", they are simply notices, and not binding legal contracts between parties, especially if they can be changed by one party at any time, without due notice to the other party.

If this so-called privacy "policy" was like that, then it's not a contract, IMHO, and only more of a disclaimer. If Yahoo choose to make an exception, really, the only one with standing to take them to court, would be the deceased, so that's not going to happen.

I can see where there might be the possibility of fraud, persons faking death certificates, etc., to gain targeted access to someone's e-mail, but I don't think that overrides whatever legal rights the relatives of the deceased might have over his belongings, tangible or intangible.

As much as I think upholding a privacy policy is a Good Thing in general, I don't see why this is that big of an issue, any more so than "OMG! The remaining living relatives took the deceased's wallet!"

If the person in question truely didn't want anyone to be able to read his e-mail, then he should have encrypted it. And if he wanted his relatives to be able to read his messages after he possibly passed-on, then he should have used some form of key-escrow to provide for just that sort of contingency.

But it does seem highly insulting, that various mechanized internet mail servers are allowed to "see" his e-mail, but his remaining living relatives cannot. Especially if he had a spouse. Humans need to assert their "human authority" more often, and refuse to be controlled, with no exceptions, by machines or electronic systems. This is one of those times when a human override of the system is necessary.

NPGMBR

join:2001-03-28
Arlington, VA

Sickened.......if anything you should be sickened by this damd war.

1. As far as U.S. mail goes, if a family has rights to open a dead persons mail it also means that upon doing so they assume responsibility to setteling any accounts the deceased may have with the creditor.

2. Legally, a contract does survive a persons death if that contract stipulates that the owner of the physical property i.e. Yahoo!, states it in the contract.

3. As for this point, your just gonna have to provide proof. If you can't then the point means nothing.

GilbertMark
Premium
join:2001-05-02
Gilbert, AZ

ack

sure are beating this topic to death

"then you will be embarrassed after you are dead. "

is there embarassment after death ?

spg
Grrrr

join:2001-10-31
NOT Texas!

There may be a compromise...

I agree wholeheartedly that the family has no right to his account. There are things that will go with me to my grave that friends and family don't need to know about.

However, it may be fair and sensible to retransmit any and all e-mails he sent to them, and them only. This way, if they deleted any letters they could get them back, and if he did have a "secret life" it would remain just that. They could preserve their memories of who they knew, and the rest of him can die unknown.

This is nothing unusual; buddies have been sanitizing personal effects of the dead for a long time. There is no harm in letting him die a saint.

zoom314
Superman
Premium
join:2001-04-30
Yermo, CA

Re: There may be a compromise...

said by spg See Profile:

I agree wholeheartedly that the family has no right to his account. There are things that will go with me to my grave that friends and family don't need to know about.

However, it may be fair and sensible to retransmit any and all e-mails he sent to them, and them only. This way, if they deleted any letters they could get them back, and if he did have a "secret life" it would remain just that. They could preserve their memories of who they knew, and the rest of him can die unknown.

This is nothing unusual; buddies have been sanitizing personal effects of the dead for a long time. There is no harm in letting him die a saint.
I agree, But there is two small problems and those are the User name and His Password, Without those two, Yahoo will ignore any attempt at access as far as I know.
VirtualLarry
Premium
join:2003-08-01

Re: There may be a compromise...

said by zoom314 See Profile:

I agree, But there is two small problems and those are the User name and His Password, Without those two, Yahoo will ignore any attempt at access as far as I know.
There's always the possibility, of his surviving relatives/family/spouse/etc. "turning towards the dark side", and hiring a mercenary hacker-type to help them out, and gain access to his account data, in any way possible. Kind of like hiring a hitman, except in reverse - instead of hiring someone to kill and eliminate someone, they have to hire someone to save the remains of his "electronic personal effects" after passing-on.

zoom314
Superman
Premium
join:2001-04-30
Yermo, CA


2 edits

Re: There may be a compromise...

said by VirtualLarry See Profile:



said by zoom314 See Profile:




I agree, But there is two small problems and those are the User name and His Password, Without those two, Yahoo will ignore any attempt at access as far as I know.
There's always the possibility, of his surviving relatives/family/spouse/etc. "turning towards the dark side", and hiring a mercenary hacker-type to help them out, and gain access to his account data, in any way possible. Kind of like hiring a hitman, except in reverse - instead of hiring someone to kill and eliminate someone, they have to hire someone to save the remains of his "electronic personal effects" after passing-on.
What is possibly needed is a change in the Privacy Laws made up by Congress that would apply to this that would make It easier for relatives to get access to the contents of a dead relatives email, It's that or a Lawyer or at worst a hacker(Which I'm not sure I'd trust).

gf hfhdf909 hfhdfh6

@rr.com
Yahoo knows he's dead, so by this time they should have ensured that the account and password will no longer be sufficient.

BodyBumper

join:2004-06-21
Beverly Hills, CA

Re: There may be a compromise...

said by gf hfhdf909 hfhdfh6:

Yahoo knows he's dead, so by this time they should have ensured that the account and password will no longer be sufficient.
Here's a better idea they should ensure that accounts are immediately deleted on notice of death so this sheer stupidity doesn't happen again.

What the hell does a dead guy need with an email account anyway?
--
DO NOT DOWNLOAD FROM OPENWARES!»methlabs.org/howtotell/
johnbor

join:2004-03-30
Burton, OH

1 edit

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BlackIceXP

@rr.com

Re: .

All I can say on the subject is that military personnel are aware of the risks when they are deployed to various places around the globe. Being a navy man myself, I am required to have an up-to-date will handy. I suspect that if the soldier had wanted the e-mail to go to his family, he would have previously stated so in said will. I know I would. HOWEVER, I think that Yahoo is in the right here. They have to uphold their policies, otherwise they're no good than the spammer trash that we all wish to get rid off. Its better to not set THAT kind of bad precedent, IMO. Peace.
Forums » Webmail Privacy After Deathpage: 1 · 2


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