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The Death of Privacy

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On August 12, 2014, with little fanfare or commentary, Delaware Governor Jack Markell enacted the nation's first law, the "Fiduciary Access to Digital Assets and Digital Accounts Act,"1 that permits access to digital accounts and devices of the deceased or incapacitated. Even though there has been little published on the new law, it represents a monumental forfeiture of individual privacy.

We have all spent a lifetime emailing, searching the web, engaging in social networking, compiling a variety of confidential accounts including: healthcare, insurance, financial, tax and retail, or any other possible configuration of on-line activity. We have done so under the belief that this on-line activity is highly private and held in strict confidence.

(Please see our "Also See" section to the right for the full PDF of this article.)

Source

"The Death of Privacy." Eric Vaughn-Flam, Senior Partner, Sanders Ortoli Vaughn-Flam Rosenstadt LLP. The Internationalist. Number 71, 2015.

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