Digital heritage rights protection facing difficulties
October 28, 2019 08:42 Source: "China Social Sciences" Journal of Social Sciences October 28, 2019 Total No. 1802 Author: This reporter Yang Xue

How to deal with digital heritage has become a global problem。With the increasingly networked life of modern society,When a person loses his ability or death,will leave an email、social platform account number、Blog or others may have a major economy、Digital heritage of personal value。What are the provisions of these digital heritage? What are the difficulties of digital heritage protection?,The reporter interviewed scholars in related fields。

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2015,The "Revised Edition Unified Edition of the Trusted Digital Assets Law" adopted by the United States Different State Law Committee defines "digital assets" as "electronic records of personal ownership or rights"。"Digital Assets" is a very wide range involving a wide range of terms,Cover all electronic storage information,Including information stored on the user's computer and other digital devices、The content of uploaded to the website、Digital property、content of electronic communication, etc.。

bet365 best casino games Natalie Banta, associate professor of law at Drake University, believes,The processing of online financial accounts is generally smoother,This is because financial institutions have a clear processing procedure for the rights and interests of the account holder's death。But some digital music libraries or Internet domain names that may have important economic value,If the deceased does not have a clear will,The treatment of these digital heritage may encounter trouble。

Gerry Beyer, a professor at the School of Law School of Texas University of Science and Technology, said in an interview with this reporter,Digital heritage issues are still a "legal issue in constant improvement"。How to achieve a balance between the two of the user's privacy protection and the willingness of the survivors to dispose of the digital heritage of the deceased,Still hanging in reality and unreasonable。Many digital assets have no economic value,But it means extraordinary for the survivors。But,Many heirs will discover,Even if there is all necessary passwords,They have no clear authority to access or manage the account of the deceased。Current,Sometimes there are even contradictory clauses bet365 live casino games between user agreements and national laws。These contradictory clauses lead to the death of Internet users,Its online account or the digital information stored in it cannot be transferred smoothly。

In view of this,Bayer recommends that people must do a good job of inheritance in advance,List the digital heritage treatment method in the will,Prevention of loss of property。

 Difficulty in the protection of digital heritage

Bayer said,Digital heritage planning faces the first obstacle to many Internet service providers from many Internet service providers。Each service provider has its own service terms,These terms usually specify that users cannot transfer their accounts or give passwords to others。Once the user dies,The survivors want to visit these email accounts to retrieve or find other documents,will violate the previous terms,It may even violate the law。

Current,Internet service providers have differences in how to deal with the problem of the old user account,But some suppliers have begun to help users plan their "digital life"。For example,Yahoo's service terms stipulate,Once the user dies,Its account will terminate and use。If the survivor submits a certificate of death,Accounts may be deleted。Google introduced a new Bet365 app download feature in April 2018,Allows users to decide to be after a period of unknown,Clear the account data or pass the account to the specified beneficiary。

Bayer said,US federal law is another obstacle。For how to specify the beneficiary to obtain digital heritage,There are two related federal laws: "Storage and Communication Act" and "Computer Fraud and Abuse Acts"。The above two federal laws have proposed an exception -if the beneficiary visits the electronic communication account or computer of the deceased after obtaining a legitimate consent or authorization,It does not constitute a crime。That is to say,The law pays special attention to whether the beneficiary has obtained a specific、Written、Legal consent to deal with the digital heritage of the deceased。But,His reminder,Now the problem is that most suppliers' user agreement prohibits users from allowing others to access their accounts。If the user is unable to give the beneficiary legitimate consent,Then the beneficiary's access to the user account will be default to illegal access。and,Many suppliers reserve the right to change their user agreement at any time,instead of notifying the user。Therefore,If Bet365 app download the Internet supplier has changed its user agreement,The visit of the survivor's account of the deceased may be allowed today,But it may become criminal act tomorrow。

  Clarify the obligation of Internet suppliers

In addition to the inheritance planning in advance from the personal level,Bayer believes that Internet suppliers still have great promotion。He said,Although most suppliers have some related disposal policies on the account of the old users,But these policies have not been released in a prominent position,Many users may not know the existence of these policies。Especially when these clauses appear as part of the standard service terms,Users usually ignore them,without real knowledge consent。Service providers should not impose these clauses that are easily ignored to users,should develop some online tools,Help users clarify the method of account processing after death。

Bayer emphasizes,To ensure that more people understand the requirements of the network platform,Suppliers should provide a simple method when users register for new services,Convenient for users to clarify their loss of behavior or how to deal with this account when they die。For the registered account,Suppliers shall strive to promote bet365 live casino games the importance of specifying the designated digital heritage disposal strategy to users,and allow users to operate more conveniently。

Another,Bayer thinks,The United States Congress should revise the "Storage and Communication Act" and "Computer Fraud and Abuse Acts",It is clear that the user agreement is opposite to the user protocol developed by Bet365 app download the Internet supplier,Specify the visits of the beneficiary will not be subject to legal sanctions。Another,It can also be required from the legal level to require Internet suppliers to use sufficient reminders,To ensure that all users can truly understand the terms of digital heritage treatment when registering new services。

Editor in charge: Wang Ning
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