Posted on 12/22/2004 5:07:25 AM PST by wallcrawlr
WIXOM, Mich. -- Offers of help have been pouring in for a Michigan family who is trying to persuade online giant Yahoo! to allow them access to the e-mail account a Marine killed in Iraq.
From lawyers to computer-code crackers, people across the nation have come forward wanting to help the family of 20-year-old Justin M. Ellsworth, who was killed last month during a foot patrol in Iraq.
``Oh, my God. It's been incredible,'' Justin's father John Ellsworth said. ``It's an overwhelming response. ... Things are really moving. I'm very encouraged by it all, but I still have my reservations.''
Yahoo! is standing by its policy of protecting the privacy of its e-mail subscribers, spokeswoman Karen Mahon said.
(Excerpt) Read more at startribune.com ...
Yes they could. What on earth are they looking for? Most people's secret question for when they lose their password can be answered by relatives --- unless he took that into consideration when he set up his account --- so if they can't get in that way then they should never gain access.
Help them what?, exactly. What more can they find out by reading his private Yahoo email, than what they can find out from his fellow soldiers?
I'm not understanding the reason behind wanting to get into his email.
Exactly. If something should happen to you the enemy WILL come nosing around in your stuff, and HE'S the one who's moralistic.
Yahoo should tell these people that they've already seen all this young man's email that he wanted them to see.
Comment... Is not access to an email account an item of property, and should it not be inheritable in the same way other property is inheritable? It's property of the estate, for starters.
1) If the Marine had a will and the executor has properly filed the will, then the executor can assume control of the account with appropriate documentation. I assumed control of my brother's AOL account (although that took some money) and was able to wind it down.
2) If the Marine was intestate (did not have a will) depending on the state, an administrator (usually with the Next of Kin preferred) can be named executor or administrator of the Estate. Then #1 can kick in.
Essentially it boils down to sort of a business proposition. I'd be surprised if Yahoo did not have some policy regarding deceased accounts. An executor/administrator is empowered to act on behalf of the estate of that person which would even include free email accounts.
That would still expose Yahoo! to tremendous legal liability if the family were offended by the contents of the box and decided to sue them.
This is a tough one.
I was the executor of my mother's estate several years ago. And I believe (but cannot confirm) that Yahoo!'s publicly-stated policy on the contents of email boxes is that they get zapped when they receive documentation that the boxholder has died. IANAL and YMMV.
2 words "Court Order"
Another thing I learned watching CSI....
empty your trash cans
empty your email
empty your hard drive
flush, swab with bleach, flush again
I best get busy then ;-)
I agree with you. If he had wanted people to have access he would have left his password. Particularly being a soldier in harm's way.
There is definitely something not being mentioned about the family's desire to go through their adult son's private things.
If I were to drop dead, I would hope my isp simply deletes my account. My family should also just reformat my laptop. The family finances are backed up to disk frequently. (Not that that would help, my husband has no clue how to download transactions into Quicken or pay a bill!) All my passwords to anything that might be necessary are in an encrypted file, also backed up to disk, with instructions. And I'm not going into a life threatening situation each day, nor do I have anything of particular interest saved. It's just private.
This family's request just doesn't pass the smell test.
Do you have children? If not, you will never understand.......
...whose junk mail folder isnt filled with that crap?
Mr. Ellsworth, if you happen to see this...give it up. Do not be a party to forcing an honorable company into breaking it's promise to all of it's customers, including Justin. We are all sorry for your loss and pray that your pain will be eased and are confident that in time, it will. Everybody here honors Justin for the hero he is, but forcing Yahoo to do what it said it would not do will help neither you, Justin or anyone else. You have no idea what the messages contain, most certainly a bunch of "junk" mail that we all are plagued by, maybe a message to or from loved ones, but there is a chance that there will be messages that will hurt more than comfort.
Please reconsider your challenge to break into Justin's email account and let the matter rest with Justin.
I'm with you. Email should be sacred, even in this circumstance. I'm not sure what they hope to find that will give them solace.
Actually, I do.
I have two.
An 18 y/o daughter and a 22 y/o son.
I know everything I NEED to know as of right now.
If either one of them were to pass on, the last thing I'd be worried about was getting into their emails.
Living with my elderly Mom, who doesn't give me ONE SECOND of privacy, I am especially sensitive to the "privacy" issue.
My children and I are open with each other and hence, don't need to be snooping around in each others affairs.
We recognize also, that there are some things in our lives that don't need to be "common knowledge".
shes an adult? doesnt she get to do anything without you trying to "snoop".
To me this is where its difficult for the emotions of a family member wanting to grab a hold of anything from a deceased son/daughter balanced against the wishes and honor of the deceased to have some things die with them.
I don't think there is any genuine liability. What is the family going to sue for? "pain and suffering"? Couldn't they by the same standard sue for that now? No, Yahoo could only get sued by the executor of the estate for breech of contract. What financial loss is there? None, it's a free email account.
Not to mention, just have the tech purge any nastiness anyway, and be done with it. It's really that simple.
If I die and someone tries to access my email accounts, you can best believe that'll I'll come back and haunt their asses forever.
Yahoo doesn't own them a damned thing. And, while you don't want to admit it, "decency" may well come in protecting this child's reputation with his family. You were a Marine according to your profile, I'm sure there are plenty of things at his age you did or said that you'd be embarrassed to have had your parent's reading in your death. As their last impressions of you.
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