Digital Death, Digital Assets and Post-Mortem Privacy: Theory, Technology and the Law

Edina Harbinja

Edina Harbinja examines the theoretical, technological and doctrinal issues surrounding online death and digital assets. By examining different areas of law, humanities and social science, she proposes the new concept of postmortal privacy (privacy of the deceased individuals) and provides answers and suggestions as to what happens to digital assets and online identity after death. Case studies draw on the transmission of emails, online games such as World of Warcraft and social networks to examine the legal issues surrounding these most prominent and widely used types of assets. Aspects of property, intellectual property, contract, succession and probate, privacy and data protection, jurisdiction and criminal law are considered. Harbinja puts forward policy suggestions, proposals for law reforms and sets out an innovative agenda which will open new avenues for research. Her useful consideration of current digital legacy tools and technologies also offers practical advice for users when it comes to their own estate planning.

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Digital Death, Digital Assets and Post-Mortem Privacy

Theory, Technology and the Law

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Contents

Frontmatter
pp i-iv

Contents
pp v-v

Acknowledgements
pp vi-vi

Table of Cases
pp vii-x

Table of Legislation
pp xi-xiv

1 - Introduction
pp 1-15

2 - Theoretical Underpinnings: Property
pp 16-51

3 - Theoretical Underpinnings: Autonomy, Testamentary Freedom and Post-Mortem Privacy
pp 52-83

4 - Social Networks
pp 84-119

5 - Games, Virtual Worlds and Virtual Realities
pp 120-161

6 - Emails
pp 162-203

7 - Conclusion
pp 204-215

Bibliography
pp 216-241

Index
pp 242-251

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Digital Death, Digital Assets and Post-Mortem Privacy

Theory, Technology and the Law

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