Bill addresses social media in the afterlife

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by Josh Egbert

In an ever expanding world of technology, sites like Facebook and Twitter have become a part of our everyday lives.

But could photos or things you post online come back to haunt you when applying for a job? And what happens to your accounts after you die?

These are questions lawmakers are trying to answer.

In this new era of a digital world it brings new demands. Changes ranging from features to terms of use on some of our favorite social media sites. But beyond the surface are potential legal issues, specifically after we're gone.

Social media presents a new question when those we love pass away. Who can legally take over their lives online?

"I think there's some concern over that," said State Senator John Wightman.

Senator Wightman introduced legislation that would clarify this.
Under LB 37, a personal representative of someone's estate could terminate their loved one's online accounts.

There are no laws currently that have a clear indication of how such assets should be treated at the death of the account owner. While the bill has support from the Nebraska Bar Association, others, like Facebook and eBay, oppose the legislation.

"But we're actually only asking that you hold this bill until the Uniform Law Commission finishes its work," said NetChoice Executive Director Steve Delbianco.

That commission is in the middle of drafting legislation that every state could adopt using the same terms and the same principles.

Senator Wightman introduced a similar type of legislation last year, but was never advanced out of committee.

Lawmakers are also tackling the issue of online privacy when it comes to jobs. That bill would prevent bosses from demanding passwords from employees or potential employees.

"This is the same kind of situation applicants and employees are place in if an employer asks for their access and information to get into their private social networking account and view their photo albums, messages, wall posts or other private information," said State Senator Tyson Larson.

Those bills are still in committee.

It could still be a few weeks before we know if senators bring them to the floor for debate.

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