On many social media platforms, the dead intermingle with the living.
, family members often post on behalf of sick, dying, or dead loved ones.) At her spouse’s request, Chaz Ebert continued to monitor Roger Ebert’s highly visible social media presence after his death. Similar to Cain’s new “Cain Gang” handle, Chaz Ebert eventually, Ebert Voices, to keep it separate from Roger Ebert’s more or less preserved Twitter account.
When it comes to digital remains, kinship-based duties collide with commercial concerns. There are potential conflicts between Twitter’s terms of service and various state laws regarding the right of publicity, which determines who may control or profit from the commercial use of someone’s likeness. Legally speaking, people are not supposed to pass accounts on to their next of kin.
Cari Cohorn, an intellectual property and entertainment lawyer, explained some of the problems with passing on rights of publicity involving social media accounts. While publicity rights are most closely associated with celebrities, figures like social media influencers blur that boundary. Typically, next of kin would inherit publicity rights. But it’s possible that some public figures would leave the rights or control of accounts to paid staff members instead.
Megan Yip, an estate planning lawyer who specializes in digital assets and has experience working for Twitter, explained the tension between Twitter’s intended purpose and its role in preservation: “Historically, Twitter has not seen themselves as a keeper of tweets,” with its flow model more akin to the ephemeral Snapchat than Facebook’s timeline.
Sometimes this indecipherability causes pain. For instance, having Twitter prompt you to follow a dead spouse is upsetting, to say the least. While many people are comforted by interacting with digital remains when they choose to do so, such as writing on a dead loved one’s Facebook page on their birthday, mourners may be less open to receiving algorithmically determined reminders.
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