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Grex > Coop6 > #80: When who has used Grex dies | |
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steve
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When who has used Grex dies
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Jan 10 22:36 UTC 1995 |
This is something I thought about entering here a couple of
years ago, but since it wasn't needed at the time, I avoided it.
What should we do with the personal files of that we know has
died? I am of course referring to mlady.
In this particular case, its not a porblem in the disk-space
sense: she was using about 18 blocks of disk. But her mail file
does have someting in it, so staff could use the discussion here.
I don't think we've had to even think about this before, have we?
I've taken the liberty of changing the password to Barbara's account
until we decide what to do.
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| 65 responses total. |
kentn
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response 1 of 65:
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Jan 10 23:15 UTC 1995 |
Ask the next of kin (after they've had a chance to deal with more
pressing problems and shock). We could pack up all their files
(electronically and/or on paper) and send them out, if requested.
If a person were conducting personal important business on Grex
via e-mail, it might be important for relatives to know...
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gerund
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response 2 of 65:
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Jan 10 23:26 UTC 1995 |
This is a rather difficult question.
I have a few similar thoughts, and some more I'd like to say, unfortunately
it's going to have to wait until my next call. :(
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rcurl
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response 3 of 65:
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Jan 11 02:12 UTC 1995 |
I agree with Kent. These are personal effects, a much as a stash of
letters in a box: the family has the rights to them, if they wish.
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andyv
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response 4 of 65:
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Jan 12 00:17 UTC 1995 |
If I still have stuff on Grex when I die, I would like the stuff put on disk
anand paper and then sent to the address listed. I have other files with
personal writings which I would like my kids and wife to read. Of course I
don't have anything scandalous on file here. But, what if I did? Maybe we
should ask the question when someone signs on? Do you want the files on Grex
forwarded? They shouldn't be destroyed in the event they are subpoenaed.
Could be a sticky business.
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steve
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response 5 of 65:
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Jan 12 01:43 UTC 1995 |
I don't think that asking in newuser is the right thing to do--
we could ask hundreds of questions there, potentially. Besides,
very few people who use Grex will die during the time they use us.
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mdw
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response 6 of 65:
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Jan 12 04:20 UTC 1995 |
Unless andyv is up to something we don't want to know about, I think
it's unlikely we'd have to worry about his files being subpoena'd. Even
if that's likely, that doesn't mean we need to turn into electronic
pack-rats. We're not a financial or legal institution, and we are under
no obligation to save data past what common sense would dictate. Any
policy we choose that respects the public and private rights of our
users is acceptable to the law. The university of michigan, in order to
partially avoid the responsibilty of deciding those rights, chooses to
not make electronic backups of e-Mail.
A reasonable solution would be to decide on a general policy for "what
do we do if a person dies" and have the members vote on it. We should
consider the privacy interests of the members and the nuisance to us, as
well as the value to the next of kin and any other interested parties.
(A good example of the possible nuisance would be to consider the amount
of paper that would be necessary to send a copy of John Remmer's files
to Mary, should John die. I doubt either John or Mary would consider
this a good idea.) There may also be people here would rather not have
all their e-mail sent to their parents, even if they are dead.
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scg
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response 7 of 65:
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Jan 12 05:44 UTC 1995 |
Not that we should base our policy too heavily on theirs, but what does
the UM do with the files of someone who dies?
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rcurl
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response 8 of 65:
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Jan 12 07:17 UTC 1995 |
University business files go to the university, and personal files to the
next of kin, or possibly to colleagues, as specified in the will. In
regard to who is responsible for the possible presence of "scandalous"
materials - that's the deceased's and heirs' problem: exactly the same
question arises about a shoe box of letters.
I think the best policy is to ask the deceased's executor(s) if they want
these electronic records, and if they do offer them as *electronic*
records on diskette or or by file transfer. Conversion to paper records
should be up to the executor(s).
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brenda
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response 9 of 65:
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Jan 12 22:00 UTC 1995 |
Perhaps we could just send the loginid and the password to a "next of
kin" and let them do with it what they will?
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tsty
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response 10 of 65:
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Jan 12 23:03 UTC 1995 |
brenda's idea presumes too much competance on teh part of the
next of kin, even as it is a good idea.
kentn's #1 is just about the right solution. And i would favor
teh paper records being sent.
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srw
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response 11 of 65:
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Jan 13 02:25 UTC 1995 |
I agree with kentn's #1 in principle, but the next of kin is not always
the right group. There are too many what if's that we'd have to figure out.
I think the right solution is Rane's second paragraph of #8.
The material belongs to the estate. We should guard it the same as if
the person were alive until it can be made available to the executor.
If there is effort required to deliver the material, that effort should
be exerted by the executor. The only exception, I believe, is that
we should make an honest effort to determine the executor of the
estate's identity and notify that individual of the account's existence.
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steve
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response 12 of 65:
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Jan 13 02:56 UTC 1995 |
I asked a friend about this tonight, and his idea rather appealed to
me. He thinks we should delete the private files right now. Since the
mail was to this particular person and no one else, it really isn't anyone
elses to read. What good could come of the family of the deceased reading
it? Moreover, what bad might come about? What if they were on a mailing
list that they wouldn't have wanted the family to know about?
It's something to think about.
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ajax
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response 13 of 65:
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Jan 13 04:08 UTC 1995 |
Some good things I could see coming out of it: if some of her files
were a book she'd been working on, or perhaps an electronic will.
Not likely, but I think the executor should decide what good could
come of it. On a more probable note, she may have e-mail from non-grex
correspondents who would appreciate knowing why she has stopped replying.
One other thought, to address that last point: what about having
someone extract the sender e-mail addresses from her mbox (without
regard to content), and send mail to them explaining that she's passed
away? Whether her files are destroyed or sent to an executor, it seems
like something most people would want done if they died.
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kentn
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response 14 of 65:
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Jan 13 04:50 UTC 1995 |
Re 11: yes, next of kin isn't always right, although I suggested
"kin" as perhaps the easiest to locate and ask. Hopefully, an
executor could be located easily, although I'm sure, just as with
banks, and other businesses, people may start accounts/be in mid-
transaction when they die and said bank or business has no idea
who to contact. I don't believe that a person's personal effects
should be deleted based on a Grex staffer's opinion of the harm that
might come from any files. The executor, as ajax says, should be
the one to make that decision, and, I assume, that executor has
the power of attorney to read the deceased's mail, to pay bills on
their behalf, etc.
Fortunately (and/or hopefully) this isn't a situation that will
arise very often. I don't see such a situation as a mad scramble
or otherwise taxing situation for staff (to write files to a floppy
and send them off, assuming an executor can be located). I do find
it ironic that staff go to great pains to back up accounts before
they are reaped, but when a user is unable to participate due to
death, we contemplate getting rid of that user's personal effects.
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steve
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response 15 of 65:
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Jan 13 04:59 UTC 1995 |
Well, in the case of the living they want access to their data. After
someone has died, I'm afraid their interests, what ever they are, aren't
going to touch upon Grex very much.
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rcurl
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response 16 of 65:
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Jan 13 06:19 UTC 1995 |
Re #12: your friend, STeve, is stating a personal opinion, and one that
does not consider either the law or morality of death. People do do
all sorts of things with the effects of decedents (such as shredding
or burning them), but that is of course all illegal. Since everone
is going to die, eveyone should put a little thought into this, and
specify in a will what they want done with their effects. If they don't,
the State does what it wants with those effects. So, everyone, write
down what you want done with your records on grex, and put it in a safe
place (like a safe deposit box) - and that takes care of it.
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tsty
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response 17 of 65:
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Jan 13 12:14 UTC 1995 |
Corallary: who gets the contents of a deposit box in a bank vault?
Why would email/files be different?
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popcorn
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response 18 of 65:
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Jan 13 15:21 UTC 1995 |
Yesterday Rob (ajax) asked me: "What would *you* want done with your
files on Grex if you died?" I thought it was a good question we might
each want to ask ourselves. My own first answer was "delete it all --
there's nothing of value there". Now that I think about it, there's
some small amount of user documentation in my account that might be
useful to someone, but, beyond that, everything in my account can be
deleted and nobody will miss it.
That doesn't really answer the question at hand, though: what to do
with someone *else's* files.
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andyv
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response 19 of 65:
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Jan 13 17:26 UTC 1995 |
For all of you folks on Grex who like history, it seems that biographers or
other historians will have a very difficult time researching their subject
if someone doesn't make hard copies.
Even with floppies, there is a possibility they will deteriorate or be
in an inacessable format in 50 years. Magnetic tapes of movies and sound
recording are being lost at an incredible rate from the early 70s. The
library of congress says they have a crisis on their hands.
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steve
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response 20 of 65:
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Jan 13 17:34 UTC 1995 |
Indeed they do. Yes Rane, I'm aware that my friend was ignoring
'the law' on this issue, maybe, but I think I like that approach
better than anything else I've heard lately.
What newsgroup would be appropriate to ask about this in? I'm curious
what other systems do.
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rcurl
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response 21 of 65:
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Jan 13 18:05 UTC 1995 |
That's what the Administration has been accused of w.r.t Foster's papers
on Whitewater, isn't it? I've been an executor. Its not a happy job, but
the work absorbs one, so one doesn't think about the cause. Executors are
family or friends appointed in one's will. After the will is probated, the
executor "executes" it. This includes dealing with personal papers and
records. I tossed out reams of ancient financial records and personal
correspondence, hardly scanned only to identify possible family records,
or treasure maps (;-> - didn't find any). Its not discarding effects
that's at issue, but who makes the decision. The wrong people doing it
could commit terrible misdeeds.
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rcurl
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response 22 of 65:
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Jan 13 18:29 UTC 1995 |
I also did what ajax mentioned: I gleaned names and addresses of
recent correspondents and sent them notices of the death. Some
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robh
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response 23 of 65:
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Jan 14 01:17 UTC 1995 |
One thing that would be a BIG problem with my account if I died -
Make sure you send unsubscribe messages to all the mailing lists
I'm on! >8)
Other than that, give it to my executor and let her sort it out.
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jep
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response 24 of 65:
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Jan 14 02:23 UTC 1995 |
Popcorn's question was a good one.
I would want my publicly-readable files to be saved if they were
useful to anyone, but I would want my private files to die with me. If I
wanted anyone to have my private files, I would make them accessible while
I am still alive.
In the absence of any express statement to the contrary, the best the
staff knows is what the user did while still alive. No one else should
read a file that is left private. No one would question that if the user
were still alive, would they? It seems just as clear to me if the user has
died.
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