Strategies for Digital Matters on Death - Considering Risks and Mitigation
| Author | James Normington |
| Pages | 59-66 |
5 Strategies for Digital
Matters on Death –
Considering Risks and
Mitigation
As the Great Parliamentarian Edmund Burke said, ‘The only
thing necessary for the triumph of evil is for good men to do
nothing’.
President John F Kennedy,
Address to the Canadian Parliament,
Ottawa, 17 May 1961
President John F Kennedy may have fallen into the trap of misquoting
Edmund Burke, but the force behind his words is important when looking
at the risks posed to digital assets. There are many possible ways of dealing
with digital assets and there are also significant risks that can stem from
ignoring the issues posed by digital assets. As with many aspects of life, a
well thought out plan can fail in the execution or fail by not executing at
all. The same is true when examining the issues in relation to digital assets.
This chapter considers the types of approaches that can and should be
made, how solicitors, law firms and legal representatives can mitigate the
risks to themselves in relation to digital assets, and outlines the risks and
possible mitigation methods.
5.1 The inactive approach to digital assets (aka
doing nothing)
George Bernard Shaw said that, ‘The perpetual holiday is a good working
definition of hell’. If not hellish, there are certainly a number of negative
outcomes that can stem from not taking any action in relation to digital
assets. These include loss of data, financial loss, loss of personal
information, theft, blackmail of friends and family and loss of sentimental
information. These all stem from inactivity or ignorance which are often
at the root of the inactive or doing nothing approach. By doing nothing,
information and data are left without a user, and unlawfully intentioned
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