Legacy Locker has provoked a lot of discussion about what actually happens to your Facebook profile after you pass away. While Facebook thrusts your personal life into the glaring spotlight of friends and family, I’ve found that it can also be a very personal experience in that nothing else currently in the social space really tells the “Story of You” the way Facebook does.
Where else can you get a complete snapshot of a person’s life? From a data standpoint, it’s certainly more detailed than a resume or even a trusted friend’s knowledge and opinion of you. Your “friends” know where you were born, grew up, attended school, work and even vacation. Your “friends” know your interests, hobbies, likes and dislikes and even other friends and social circles.
Then there’s the connectivity aspect of the information housed. At any given time, I’m engaged in a dozen conversations across cities, states, time zones and oceans. People know (either publicly or privately) my thoughts on events, postings and pictures. I promote parties and initiatives, support causes and poke fun at friends all within the Facebook world. It very much is a good representation of who I am. If I kept a diary, it would be subjective, colored by my own opinions and perception of reality. Facebook conveys the raw and unfiltered me.
This begs the question: What would I want to happen to my Facebook profile when I’m no longer around? Now, I’m young and am of the opinion that I’ll live forever. Current statistical analysis proves otherwise. Should I even care what happens to my Facebook profile? What value does it have to anyone but me in the here and now?
My thoughts on this subject have been evolving over the past year and I’ve come to the conclusion that it is my responsibility to put a clear plan of action in writing. While some may not appreciate their own account (which I clearly do), friends and loved ones probably ascribe some value to it. The responsible and mature choice, therefore, is to leave access to a trusted friend or family member and instruct them on how I want to be remembered. Leaving it up to chance is akin to not leaving a Will; inconsiderate at best and selfish at worst.
Many people have expressed that they don’t want their Facebook profile memorialized in any fashion. More than one friend has said, “I want my profile to die with me.” The idea of a virtual ‘Do Not Resuscitate’ is a brand new concept and something your next-of-kin would not know unless specifically instructed to carry out your wishes. All of this cannot happen without making proper arrangements.
But what happens if I don’t make these arrangements? Here is Facebook’s current default policy, in detail:
So what does this mean?
Facebook will not just give your next-of-kin access. They clearly state that it’s against their Privacy Policy to do so. Furthermore, the 1986 Electronic Communications Privacy Act prevents the disclosure of stored communications unless there is a court order. This means litigation.
If your family is intent on gaining access to your Facebook account, they’ll have to resort to legal action against Facebook. Not surprisingly, this is becoming increasingly more common. I recently spoke with an attorney in the Pacific Northwest who litigated such a case.
The deceased was a young adult who had been hit by a drunk driver while on his motorcycle. The mother was aware that her son was a prolific Facebook user and wanted access as part of the grieving process. She wanted the ability to communicate with his friends and maintain the connection to her son. His virtual self was one of the key things she had left to remember him by.
Initially, the mother had full access to her son’s account and used it to notify friends and family of events as well as maintain it as a forum to remember. Eventually, Facebook became aware of her unauthorized access and changed the password to protect the “user’s” privacy. That’s when the grieving mother had to retain legal counsel.
The Attorney filed a complaint against Facebook seeking access to the deceased son’s account. Eventually, the parties entered into what is called a “Negotiated Settlement” whereby the court issued a stipulated order that allowed Facebook to comply with its Privacy Policy while not being in violation of the law. Only then could the family get the information they were looking for.
Facebook eventually provided the parents an electronic snapshot of their son’s Facebook page to see everything contained within it. This included all messages, wall postings and photographs. Facebook also permitted ongoing access to the public portion of the page. This is akin to the view that any “friend” would have of the page. Facebook further cooperated by placing a link directing new traffic and messages to a website the family maintained in honor of their son. Finally, the account was to be deleted one year from the date of the court order.
This is not the only example of a case or incident of this type, just one anecdote (among many) from an attorney with whom I am acquainted. Other cases along these lines have been publicized in the news media, including a story by Ben Popken in The Consumerist.
Needless to say, such an undertaking can be very expensive and time consuming. From what I understand, the plaintiffs were in the unique position of having readily accessible legal representation. Most of us are not as fortunate in this regard. I doubt if another family in the same situation would have the resources and connections to take on Facebook. Much heartache, time and expense could have been avoided by circumventing this entire process through the Legacy Locker service.
Have you given any thought about what happens to your virtual self on Facebook? Do you know anyone who has had to deal with a similar situation? Do you think people should leave instructions concerning how they want their profiles to be handled? I’m very interested in your thoughts and look forward to reading them.
Gregg Delman
Director of Business Development
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Gregg Delman 9 Comments
