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Atari Online News, Etc. Volume 16 Issue 29
Volume 16, Issue 29 Atari Online News, Etc. July 18, 2014
Published and Copyright (c) 1999 - 2014
All Rights Reserved
Atari Online News, Etc.
A-ONE Online Magazine
Dana P. Jacobson, Publisher/Managing Editor
Joseph Mirando, Managing Editor
Rob Mahlert, Associate Editor
Atari Online News, Etc. Staff
Dana P. Jacobson -- Editor
Joe Mirando -- "People Are Talking"
Michael Burkley -- "Unabashed Atariophile"
Albert Dayes -- "CC: Classic Chips"
Rob Mahlert -- Web site
Thomas J. Andrews -- "Keeper of the Flame"
With Contributions by:
Fred Horvat
To subscribe to A-ONE, change e-mail addresses, or unsubscribe,
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=~=~=~=
A-ONE #1629 07/18/14
~ Right To Be Forgotten! ~ People Are Talking! ~ AtariUser Magazine!
~ Microsoft Major Layoff! ~ Price War on Chromebook ~ GTA V in November?
~ Facebook Inheritance? ~ June Game Stocks Rise! ~ Antic Podcast #12!
~ Online Life After Death ~ Stella 4 Is Released! ~ Warding Off Trolls!
-* Atari Corp - Business Is War! *-
-* Reclassify ISPs As Common Carriers! *-
-* Want Permanent Ban on Internet Access Taxes *-
=~=~=~=
->From the Editor's Keyboard "Saying it like it is!"
""""""""""""""""""""""""""
More tornado warnings here in the Northeast this past week - very scary!
Fortunately, things didn't materialize as they did the week earlier with
tornado-like strikes close to my area. However, the weather was still
severe and did quite a bit of damage in surrounding towns.
Many thanks this week go out our faithful news contributor, Fred Horvat.
There are weeks when we just simply have little to offer our readers, and
all of the sudden, Fred fills my inbox with newsfeeds and articles. This
week, he sent us numerous links to a variety of Atari-related items,
included in this week's issue. Of course, we also provide credit to
AtariUser and AtariAge - the sources for these articles. Thanks everyone!
Until next time...
=~=~=~=
Courtesy of Atari User and AtariAge:
http://atariuser.com
Atari User is aimed squarely at the Atari enthusiast and we cover all the
Atari consoles, and computers.
The magazine provides features on Atari history, classic Atari hardware,
great software titles from the past and we take a look at computer and
gaming industry as it was back in the eighties and nineties.
We also give important and vital coverage to new Atari software and
hardware developments. New homebrew games and hardware are being released
all the time and our aim is to support the Atari community by giving the
homebrew developes the coverage they need to get their new products out
there.
The magazine is currently produced in PDF format for online distribution
and can easily be printed (A4 Size) once downloaded. As our number of
subscribers continues to ramp up well consider the move to a more
conventional print format.
Being available online and PDF has several advantages. You, the reader,
get to buy and download the latest issue right away without trawling
through newsagents or waiting for the mail to arrive. PDF allows us to
incorporate direct links to websites of interest right from inside an
article.
There are lots of exciting developments planned for Atari User and we
hope youll share the ride with us.
Single Issues are $4.25 US
12 Issue Subscription is $34.95 US a 30% Discount!
"Atari Corp. - Business Is War" Cover Released
The noted video game historian team of Marty Goldberg and Curt Vendel,
co-authors of the popular book Atari Inc. Business is Fun, will tell
the story of Atari Corporation in their upcoming book "Atari Corp. -
Business Is War." In honor of the 30th anniversary of Jack Tramiel's
founding of Atari Corporation, they have released the book's stunning
cover in advance to video game and computer fans alike. Hand painted by
artist Lukas Ketner, the cover personifies the company, its products
and history.
Our intent was to really have a cover that embodies the company at a
glance," said Goldberg. "The iconic Jack Tramiel and his sons Sam,
Leonard and Gary surrounded by the now legendary products they
introduced to us. At the same time, the seriousness and competitive
business nature Jack and his companies were known for had to be shown.
Lukas captured it all perfectly and in a style that anyone who grew up
with Atari should recognize!"
You can read the full press release in our online forum, where you can
also view a larger image of the upcoming book's cover.
Antic Podcast, Episode 12 Now Availble
Episode 12 of The Atari 8-bit Podcast is now available. This latest
episode features:
Interviews:
Fred Thorlin, former director of Atari Program Exchange
Bill Kendrick, father of Atari Party
William Culver, co-host of the Colecovisions podcast
Will Atari be a hardware giant again?
Software of the Month: Star Raiders
Hardware of the Month: MyIDEII from AtariMax
ANTIC, The Atari 8-bit Podcast focuses on Atari 8-bit computers (800, XL,
XE), and is hosted by Randy Kindig, Kevin Savetz, and Brad Arnold. You
can find the current and past episodes of ANTIC on iTunes, the Apple
Podcast App, and at www.AtariPodcast.com. You can discuss the podcast
in our Atari 8-bit Computers Forum.
=~=~=~=
->In This Week's Gaming Section - 'Grand Theft Auto V' by November?
""""""""""""""""""""""""""""" Video-Game Stocks Rise for June!
Jaguar Protector: Resurgence!
And more!
=~=~=~=
->A-ONE's Game Console Industry News - The Latest Gaming News!
""""""""""""""""""""""""""""""""""
'Grand Theft Auto V' Could Be on PC by November
A retailer leak indicates that mid-November is when "GTA V" will arrive
on PC and, therefore, Xbox One and PlayStation 4.
A little under 14 months after the Xbox 360 and PlayStation 3 editions
made their record sales debuts, "GTA V" could be on PC and, most likely,
Xbox One and PS4, according to an online retailer's premature listing.
The PC version, along with Xbox One and PlayStation 4 editions, has been
announced for release before the end of 2014, though developer Rockstar
and publisher Take-Two Interactive have not yet been more specific than
that.
Instead, publicity material has concentrated on the improvement in
fidelity over the already well-acclaimed crime tale "Grand Theft Auto V"
on Xbox 360 and PlayStation 3, released September 17, 2013.
But a date applied by Scandinavian and UK online retailer Coolshop had the
title releasing for Windows machines on November 14, the same week as Xbox
One retrospective "Halo: The Master Chief Collection" and driving game
"The Crew," and ten days after "Call of Duty: Advanced Warfare."
As word spread, the listing was swiftly amended to the standard calendar
year placeholder of December 31, but not before PC Gamer captured the
evidence in screenshot form.
If correct, and applicable to the new consoles as well as PC, the timing
would be advantageous for Rockstar and Take-Two, avoiding clashes with
big name annual franchises like "Assassin's Creed" and "Call of Duty,"
while assuring good positioning for "GTA V" alongside any end-of-year
console purchases.
Video-Game Stocks Rise After NPD Reports
Better-Than-Expected June Retail Sales
Video game stocks moved higher today after the NPD Group published a
report yesterday, which showed that physical video game retail sales for
the month of June came in higher than what many analysts had expected.
Last months statistics revealed that total sales in the US video game
industry rose 24% from June 2013 to reach $735 million. The gains were
mainly led by higher sales of video-game hardware, which jumped 106% to
$293 million on the back of a 200% rise in new-generation console sales
including Microsofts Xbox One and Sonys PlayStation 4. The hefty rise
in console sales offset the decline in portable hardware and accessory
sales.
But the real driver for these stocks today was that despite a
year-over-year fall of 3% to $286.8 million last month, sales of video
game software were higher than what analysts had forecast. Several
analysts noted that June 2013 had a far stronger lineup of launch titles,
and last months decline was largely expected. The favorable numbers were
further boosted on data that showed software sales rose 4% from May.
Further details in the NPD report showed that Ubisofts new title, Watch
Dogs was the leader among video game title sales, followed by Nintendos
MarioKart. Electronic Arts FIFA 14 title was boosted by the World
Cup, coming in at the number five spot.
=~=~=~=
->A-ONE Gaming Online - Online Users Growl & Purr!
"""""""""""""""""""
Courtesy of Atari User and AtariAge:
http://atariuser.com
Atari Jaguar Protector: Resurgence
Invaders have jammed our newly deployed missile silos, meteor storms
strike at will, and scouting reports indicate the deadly Vorton
obliterates everything in its path. Will you be the next Protector?
Songbird Productions has announced that Protector: Resurgence is coming to
the Atari Jaguar CD in September 2014! Resurgence is an expansion CD for
your Protector SE cartridge, and features 24 new waves, new galaxy and
ground graphics, new ship graphic, new enemies, and more. A limited
50-disc run will be made available at the Classic Gaming Expo in Las
Vegas, including some graphics and audio unique to that disc, followed
by the general release of the game.
You can discuss Protector: Resurgence with other AtariAge members and
Songbird Productions in our Atari Jaguar Forum.
Stella Version 4.0 Released
A significant new release of the Atari 2600 emulator Stella, version 4.0,
has been released today. Stella is a multi-platform Atari 2600 VCS
emulator released under the GNU General Public License (GPL), and
versions have been released for a wide variety of operating systems.
Stella allows you to enjoy the large library of Atari 2600 titles on
your computer, and it's an exceptional tool for anyone creating new
homebrew games for the 2600. Stella is actively maintained by Stephen
Anthony, who continues to make improvements and add new features to the
emulator.
Changes in this new release of Stella include:
Ported Stella to SDL2, which brings many new features. Among the largest
improvements is native hardware acceleration support for Windows
(Direct3D) and Linux/OSX (OpenGL). It is also now possible to port Stella
to iOS and Android devices using OpenGLES. Hardware acceleration is now
required, which means up-to-date drivers are needed. Software rendering
is still present, but is somewhat unoptimized and unsupported going
forward.
Fullscreen video modes now use the desktop resolution. Switching to
fullscreen and back to windowed mode no longer rearranges icons on your
desktop.
TIA TV effects are now available in all video modes, since hardware
acceleration is a requirement.
Added a much more detailed view of cart extended RAM to a new debugger
tab. Special thanks to SpiceWare for this implementation.
Added preliminary support for 'DASH' bankswitching scheme by A. Davie.
The AtariVox and SaveKey controllers now have the ability in the debugger
to completely erase the virtual EEPROM data.
Added 'savesnap' debugger prompt command, and also associated context
menu item to the debugger TIA output area. This saves the current TIA
image to a PNG file.
Added 'hidecursor' commandline option, which allows to completely disable
showing the mouse cursor (useful on systems that don't have a mouse).
Removed 'uipalette' option, as the original palette is no longer
supported.
Updated included PNG library to latest stable version.
You can visit the Stella website to download the latest version for your
platform. If you actively use Stella, making a donation will help ensure
it's continued development. To view a detailed list of all the changes,
as well as discuss the emulator with Stella's primary developer, please
visit our Emulation Forum.
=~=~=~=
A-ONE's Headline News
The Latest in Computer Technology News
Compiled by: Dana P. Jacobson
Microsoft Starts Taking EU 'Right To Be Forgotten' Requests
Microsoft Corp on Wednesday started taking requests from individuals in
Europe who want to be removed from its Bing search engine results
following a court judgment in May guaranteeing the "right to be
forgotten."
Microsoft, whose Bing search engine has 2.5 percent of the European
search market, follows market leader Google Inc which complied with the
ruling in May, and started removing some search results last month.
The Luxembourg-based Court of Justice of the European Union in May
ordered Google to remove a link to a 15-year-old newspaper article about
a Spanish man's bankruptcy, effectively upholding people's "right to be
forgotten" on the Internet.
The ruling, which affects the EU's 500 million citizens, requires that
Internet search services remove information deemed "inadequate,
irrelevant or no longer relevant." Failure to do so can result in fines.
It only applies to EU countries, meaning links that have been removed in
Europe will still appear in search results elsewhere, including the
United States.
Microsoft's form, available on its Bing website
(https://www.bing.com/webmaster/tools/eu-privacy-request), is a four-part
questionnaire. Microsoft advises those interested in completing the
questionnaire that it will "help us to consider the balance between your
individual privacy interest and the public interest in protecting free
expression and the free availability of information, consistent with
European law."
The form states that making a request does not guarantee that a
particular search result will be blocked.
European privacy concerns, and tech companies' sensitivity to them, have
exploded in the past year after former U.S. National Security Agency
contractor Edward Snowden revealed details of mass U.S. surveillance
programs involving European citizens and some heads of state.
Google, Canon, Dropbox and Others Pool Patents to Ward Off Trolls
A coalition of technology companies large and small has created a sort
of arms-control treaty to prevent future abuses of their intellectual
property.
Among Google, Canon, SAP, Newegg, Dropbox and Asana, there are nearly
300,000 patent assets on the line. But the companies arent licensing all
of each others patents today. Instead, by agreeing to join the License
on Transfer network, they promise to grant licenses to one another
whenever one of those patents is sold.
The point is to defang patents before they get into the hands of patent
trolls, who use intellectual property to extort money from other
companies rather than make products.
LOT is the followup to a call by Google last year for companies to join
together to fight trolls. Its open to additional membership.
Google legal director Eric Schulman, who led the initiative, said it is
particularly aimed at the fact that while troll suits are at an all-time
high more than 60 percent of patent litigation in 2012 was started by
trolls, up from 20 percent in 2006 at the same time, more than
70 percent of the patents used by trolls were generated by companies that
are still operating, according to RPX Research.
That is to say, patent trolls arent just gathering up patents abandoned
by failed companies and independent inventors. The defendants in these
cases are often the very companies that pay for the research and
development that gets patented in the first place.
While patent reform is going nowhere in the U.S. government, this is one
of a few efforts to change the system by companies that feel they have to
patent their employees work in order to play defense against
intellectual property aggressors. For instance, Twitter has committed to
giving its inventors more control over how their patents are used.
And while companies have somewhat altruistically banded together on
patents before for instance, around the Linux operating system LOT is
different because it is portfolio-wide and it only applies to patents
that are transferred, so participating companies could still use their
patents against each other while they own them.
The appeal of LOT, said Dropbox IP counsel Brett Alten, is that its an
inclusive model that doesnt strongly favor large or small companies.
Large companies are most likely to sell or transfer assets out of the
network. Small companies will be basically inoculated from that kind of
threat. And large companies benefit because when small companies fail
they often sell patents to trolls.
The small starter group includes the productivity startup Asana, which
only has three accepted patents and has never faced a patent troll
threat. Co-founder Dustin Moskovitz described the move as an assurance
that the companys defensive patent strategy wouldnt change. It was
really important to our employees that we did something that was more
than good intentions, he said.
Civil Rights And Media Groups To FCC:
Reclassify Internet Service Providers As Common Carriers
On Friday, the Voices for Internet Freedom coalition filed comments with
the Federal Communications Commission (FCC) on behalf of more than 50
civil rights, human rights, community-based and media organizations in
support of strong Net Neutrality rules that protect the digital rights
of communities of color.
In the filing, the groups called on the FCC to treat Internet Service
Providers (ISPs) as common carriers, which would allow the Commission to
reestablish its legal authority to adopt Net Neutrality rules that
prevent telecommunications companies from blocking, discriminating
against and interfering with Web traffic. The coalition also called on
the agency to ensure Net Neutrality protections are applied equally to
both wireline and wireless Internet access.
The group opposes the framework for FCC Chairman Tom Wheeler's proposed
rules, which would allow ISPs to discriminate by creating fast and slow
lanes online. To read the comments, visit: http://bit.ly/1njxmYw.
Voices for Internet Freedom is a coalition of nearly 30 organizations
advocating for communities of color in the fight to protect Internet
freedom from corporate and government discrimination. The coalition is
led by the National Hispanic Media Coalition, the Center for Media
Justice, Free Press and ColorOfChange.
The following statements are from Voices for Internet Freedom leaders:
"Millions have spoken and the message is clear: Reclassifying Internet
Service Providers as common carriers is the only way to ensure that the
Internet remains a level playing field for all," said Alex Nogales,
president and CEO of the National Hispanic Media Coalition. "Without
reclassification, the Internet will be subject to the profit-driven whims
of the large corporations that control the pipes. This will harm our free
speech, activism, civic participation, education and livelihoods,
disproportionately impacting Latinos and other communities who have
suffered discrimination at the hands of mainstream media."
"Communities of color understand how critical it is to protect their
online digital rights from corporate discrimination," said Joseph Torres,
senior external affairs director for Free Press. "People of color are
using the Internet to fight and overcome many of the economic,
educational and informational barriers that fuel our nation's growing
inequality. We can't allow the FCC to adopt fake 'Net Neutrality' rules
that turn companies like Comcast, AT&T and Verizon into Internet
gatekeepers while relegating people of color to second-class status
online."
"Our network believes the open Internet plays a pivotal role in ensuring
racial and economic equity in the 21st century," said amalia deloney,
policy director for the Center for Media Justice and the Media Action
Grassroots Network. "Without a strong legal framework that ensures the
benefits of the Internet are broadly shared, our members are forced to
navigate a platform that further entrenches and exacerbates harmful
disparities. In particular, any devolution of Net Neutrality rules will
harm independent artists, musicians and social justice advocates that
currently use the open Internet to reach audiences otherwise inaccessible
in a heavily corporatized and consolidated media. Without an open
Internet, these innovators and entrepreneurs face tremendous barriers to
entry that choke their opportunities for creative expression,
opportunity, democratic participation and community building."
"Net Neutrality has made the Internet a level playing field for all
voices, allowing Black bloggers, activists, and entrepreneurs to flourish
online despite being blocked out of ownership and participation in
traditional media," said Rashad Robinson, executive director of
ColorOfChange."That's why thousands of ColorOfChange members have raised
their voices in demanding strong open Internet protections and calling
out deceptive arguments from the telecom lobby. The FCC must protect the
open Internet if it wants to protect diversity online."
The comments were also filed on behalf of more than 50 of our nation's
most influential grassroots groups, artists, media makers and public
interest groups, as well as many of our nation's largest Latino
organizations.
House Backs Permanent Ban on Internet Access Taxes
The U.S. House of Representatives voted on Tuesday to ban permanently
taxes on Internet access, a prohibition that is now temporary and is set
to expire in 16 weeks.
In a move opposed by some Democrats and state and local governments, the
House approved a bill to bar permanently state and local governments from
enacting Internet connection taxes.
The approval came on a voice vote, sending the legislation next to the
Senate, where it also has bipartisan support.
The bill does not involve state sales taxes on online shopping purchases,
which is a different issue. Rather, the Permanent Internet Tax Freedom
Act deals with Internet access.
Congress in 1998 approved a temporary moratorium on state and local
governments imposing any new taxes on Internet connections. This ban has
been extended three times, most recently in 2007, but is set to expire on
Nov. 1.
Thousands To Lose Their Jobs at Microsoft
Microsoft will soon announce a massive round of layoffs, according to a
new report from Bloomberg. Thousands of employees will be let go as
Microsoft looks to integrate the devices and services business it recently
acquired from Nokia. The report says that the reductions could be
announced as soon as this week, and it could be Microsofts biggest ever
round of layoffs, topping the 5,800 cuts it made five years ago in 2009.
Bloomberg says that while the majority of the job cuts will impact new
employees that came over from Nokia following the recent handset division
acquisition, other areas of Microsoft will be impacted as well.
Specifically, the report says divisions of Microsoft that overlap with
Nokias devices business will see cuts, as will Microsofts marketing and
engineering divisions.
The news of imminent layoffs at Microsoft comes less than a week after
new CEO Satya Nadella issued the companys new manifesto.
Microsoft Launches A Price Assault on Chromebooks
Microsoft is aiming straight for Googles Chromebooks this holiday season.
At the companys partner conference today, Microsoft COO Kevin Turner
revealed that HP is planning to release a $199 laptop running Windows for
the holidays. Turner didnt provide specifications for HPs "Stream"
device, but he did detail $249 laptop options from Acer and Toshiba.
Acers low-cost laptop will ship with a 15.6-inch screen and a 2.16GHz
Intel Celeron processor, and Toshibas includes a 11.6-inch display. It
appears that Intels Celeron chips will help Microsofts PC partners push
out cheaper devices in the race to the bottom.
Turner also revealed that HP is planning to release 7- and 8-inch versions
of its new "Stream" PCs for $99 this holiday season, both running versions
of Windows. "We are going to participate at the low-end," says Turner.
"Weve got a great value proposition against Chromebooks, we are not
ceding the market to anyone." Microsoft has been gradually cutting Windows
license costs to allow PC makers to reduce their device prices, and its
clear the software maker is taking the Chromebook threat even more
seriously this year. While Microsoft has attempted to undermine
Chromebooks previously, competitive pricing will likely have a bigger
chance of stemming any threat from Googles laptops. Microsoft will just
have to ensure that its PC partners dont turn this pricing opportunity
into a second round of underpowered Netbooks, otherwise the simplicity
and performance of Chrome OS might just tempt holiday shoppers away from
Windows.
Who Inherits Your Facebook When You Die?
A group of influential US lawyers says it has an answer to the question
of what should happen to Facebook, Yahoo, Gmail and other online accounts
when a person dies.
The Uniform Law Commission, whose members are appointed by state
governments to help standardise state laws, was expected to endorse a
plan to automatically give loved ones access to a deceased person's
digital accounts, unless otherwise specified in a will. To become law in
a US state, the legislation would have to be adopted by the state's
legislature. But if it does, designating such access could become an
important tool in estate planning, allowing people to decide which
accounts should die when they do.
The plan is likely to frustrate some privacy advocates, who say people
shouldn't have to draft a will to protect sensitive information.
"This is something most people don't think of until they are faced with
it. They have no idea what is about to be lost," said Karen Williams,
who sued Facebook for access to her 22-year-old son Loren's account
after he died in a 2005 motorcycle accident.
The question of what to do with one's "digital assets" is as big as
America's electronic footprint.
Grieving relatives want access for sentimental reasons, and to settle
financial issues. A person's online musings, photos and videos - such as
a popular cooking blog or a gaming avatar that has acquired a certain
status online - also can be worth money. Imagine the trove of digital
files being amassed by someone of historical value - say former
President Bill Clinton or musician Bob Dylan - and what those files
might fetch on an auction block.
"Our email accounts are our filing cabinets these days," said Suzanne
Brown Walsh, a Cummings & Lockwood attorney who chaired the drafting
committee on the bill. But "if you need access to an email account, in
most states you wouldn't get it."
Ginger McCall, associate director of the Electronic Privacy Information
Center in Washington, said a judge's approval should be needed to protect
the privacy of both the owners of accounts and the people who communicate
with them.
"The digital world is a different world" than offline, McCall said. "No
one would keep 10 years of every communication they ever had with dozens
or even hundreds of other people under their bed."
Most people assume they can decide what happens by sharing certain
passwords with a trusted family member, or even making those passwords
part of their will. But in addition to potentially exposing passwords
when a will becomes public record, anti-hacking laws and most company's
"terms of service" agreements prohibit anyone from accessing an account
that isn't theirs. That means loved ones technically become criminals
if they log on to a dead person's account.
Several tech providers have come up with their own solutions. Facebook,
for example, will "memorialise" accounts by allowing already confirmed
friends to continue to view photos and old posts. Google, which runs
Gmail, YouTube and Picasa Web Albums, offers its own version: If a
person doesn't log on after a while, their accounts can be deleted or
shared with a designated person. Yahoo users agree when signing up that
their account expires when they do.
But the courts aren't convinced that a company supplying the technology
should get to decide what happens to a person's digital assets. In 2005,
a Michigan probate judge ordered Yahoo to hand over the emails of a
Marine killed in Iraq after his parents argued that their son would have
wanted to share them.
Likewise, a court eventually granted Williams access to her son's
Facebook account, although she says the communications appeared to be
redacted.
What Happens to Your Online Accounts When You Die?
You've probably decided who gets the house or that family heirloom up in
the attic when you die. But what about your email account and all those
photos stored online?
Grieving relatives might want access for sentimental reasons, or to
settle financial issues. But do you want your mom reading your exchanges
on an online dating profile or a spouse going through every email?
The Uniform Law Commission, whose members are appointed by state
governments to help standardize state laws, on Wednesday endorsed a plan
that would give loved ones access to but not control of the
deceased's digital accounts, unless specified otherwise in a will.
To become law in a state, the legislation would have to be adopted by the
legislature. If it did, a person's online life could become as much a
part of estate planning as deciding what to do with physical possessions.
"This is something most people don't think of until they are faced with
it. They have no idea what is about to be lost," said Karen Williams of
Beaverton, Oregon, who sued Facebook for access to her 22-year-old son
Loren's account after he died in a 2005 motorcycle accident.
The question of what to do with one's "digital assets" is as big as
America's electronic footprint. A person's online musings, photos and
videos such as a popular cooking blog or a gaming avatar that has
acquired a certain status online can be worth considerable value to
an estate. Imagine the trove of digital files for someone of historical
or popular note say former President Bill Clinton or musician Bob
Dylan and what those files might fetch on an auction block.
"Our email accounts are our filing cabinets these days," said Suzanne
Brown Walsh, a Cummings & Lockwood attorney who chaired the drafting
committee on the proposed legislation. But "if you need access to an
email account, in most states you wouldn't get it."
But privacy activists are skeptical of the proposal. Ginger McCall,
associate director of the Electronic Privacy Information Center in
Washington, said a judge's approval should be needed for access, to
protect the privacy of both the owners of accounts and the people who
communicate with them.
"The digital world is a different world" from offline, McCall said. "No
one would keep 10 years of every communication they ever had with dozens
or even hundreds of other people under their bed."
Many people assume they can decide what happens by sharing certain
passwords with a trusted family member, or even making those passwords
part of their will. But in addition to potentially exposing passwords
when a will becomes public record, anti-hacking laws and most companies'
"terms of service" agreements prohibit anyone from accessing an account
that isn't theirs. That means loved ones technically are prohibited from
logging onto a dead person's account.
Several tech providers have come up with their own solutions. Facebook,
for example, will "memorialize" accounts by allowing already confirmed
friends to continue to view photos and old posts. Google, which runs
Gmail, YouTube and Picasa Web Albums, offers its own version: If people
don't log on after a while, their accounts can be deleted or shared with
a designated person. Yahoo users agree when signing up that their
accounts expire when they do.
But the courts aren't convinced that a company supplying the technology
should get to decide what happens to a person's digital assets. In 2005,
a Michigan probate judge ordered Yahoo to hand over the emails of a
Marine killed in Iraq after his parents argued that their son would have
wanted to share them.
Likewise, a court eventually granted Williams, the Oregon mother, access
to her son's Facebook account, although she says the communications
appeared to be redacted.
Enter the Uniform Law Commission. According to the proposal, the personal
representative of the deceased, such as the executor of a will, would get
access to but not control of a person's digital files so long as the
deceased didn't prohibit it in the will. The law would trump access rules
outlined by a company's terms of service agreement, although the
representative would still have to abide by other rules including
copyright laws.
That means, for example, a widow could read her deceased husband's emails
but couldn't send emails from that account. And a person could access
music or video downloads but not copy the files if doing so violated
licensing agreements.
Williams said she supports letting people decide in their wills whether
accounts should be kept from family members.
"I could understand where some people don't want to share everything,"
she said in a phone interview this week. "But to us, losing him (our
son) unexpectedly, anything he touched became so valuable to us." And
"if we were still in the era of keeping a shoebox full of letters, that
would have been part of the estate, and we wouldn't have thought
anything of it."
=~=~=~=
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