Inheritance of digital assets: Analyzing the concept of digital inheritance on social media platforms

Abstract

We are moving toward a technologically driven world where the traditional way of looking at assets merely from a physical perspective is slowing evolving to include digital assets. With our extreme indulgence in internet activities, we end up creating a heap of digital assets without realizing the risk associated with its privacy and ownership after death. We share our personal pictures, videos, thoughts, and beliefs through daily posts on social media platforms. All these files are a type of digital assets with social and emotional value, but neither the law nor the social media platforms take strong steps for preserving them and ensuring their inheritance after the user’s death. There is no universally accepted definition of digital assets and hence the concept of digital asset inheritance is in vain. This paper analyzes the posthumous rights of a social media user. It also explores the laws available in the US and India that protect the digital assets and examines the rules and regulations adopted by some of the most important social media platforms for the inheritance of the digital assets. Recommendations and suggestions for the practical implementation of digital inheritance are provided.