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Julie Garber

New Oklahoma Law Gives Life to Facebook Accounts After Death

By December 17, 2010

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What will happen to your Facebook account after you die? If you live in Oklahoma, then a new law, apparently the first of its kind in the U.S., will give your executor the right to access your account in order to preserve your cyber life and then terminate the account. Or, if you're really ambitious, then the legislators behind the law encourage you to leave specific instructions about what should happen to your Facebook and other online social media accounts in your Last Will and Testament or Revocable Living Trust.

One problem with the new Oklahoma law is that most online social media providers claim that the content posted on their websites belongs to the provider, not the user, so even if the Oklahoma law gives an executor the right to access a deceased user's information, the provider could potentially deny the request. Clearly a new type of battle to be fought in court, just like who gets to keep Facebook friends after a divorce.

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