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2012

Public Affairs, Public Policy and Public Administration

DOUGLAS J HENDERSON

Digital Estate Encryption Assets Incapacitated Executor Responsible Party

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An Estate Dilemma - Inaccessible Assets Hiding Behind Passwords And Encryption, Douglas J. Henderson Dec 2012

An Estate Dilemma - Inaccessible Assets Hiding Behind Passwords And Encryption, Douglas J. Henderson

DOUGLAS J HENDERSON

Every person living in the modern world holds valuable assets, data, or information in digital mediums. Digital mediums include not only digital hardware storage mediums in personal possession (like external hard drives and internal hard drives within laptop and desktop computers, personal digital assistants, cell phones, and the like), but also those only accessible through a network. Because so much is held in digital mediums, when an individual dies or becomes incapacitated, another person must know how to access the incapacitated person’s digital assets and other important information (this person is known herein as the ‘Responsible Party’). There are potential …