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In the United States, online service providers craft their terms of service agreements to remain compliant with the [[Stored Communications Act]] (SCA). Originally passed in 1986, the SCA sought to protect communication privacy by prohibiting service providers from disclosing a customer's electronically stored content to a third party. This includes potential beneficiaries of a digital estate.<ref name=":12">Ferrante, R. E. (2013). The relationship between digital assets and their transference at death: It's complicated. ''Loyola Journal of Public Interest Law, 15''(1)'','' 37-62. https://heinonline.org/HOL/P?h=hein.journals/loyjpubil15&i=47</ref>
===Contracts===▼
Contracts with service providers may be automatically terminated (by the terms of service) when a customer dies. This may mean that there is no right for heirs to access that data.
==Issues==
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===Responsibility of benefactors===
The practical approach to digital inheritance is to keep a regular [[backup]] of digital assets in a secure place and appoint a single person who will post-mortem deal with the assets. An up-to-date list of passwords to online accounts would be essential. One method of ensuring that a digital inheritance is handled legally and comprehensively is to use a digital estate planner.<ref>{{cite web|url=http://www.lifeinsurancefinder.com.au/infographics/expert-guide-to-protect-yourself-online-before-you-die/ |title=Step by step expert guide to protecting yourself online before you die |publisher=Life Insurance Finder |accessdate=2014-04-11}}</ref>
▲===Contracts===
▲Contracts with service providers may be automatically terminated (by the terms of service) when a customer dies. This may mean that there is no right for heirs to access that data.<ref>{{cite web|title=Consiglio Nazionale del Notariato: Password, Credenziali e Successione Mortis Causa (''in Italian'') |url=http://home.datacomm.ch/ugobechini/password_morto.pdf |accessdate=20 March 2015 |url-status=dead |archiveurl=https://web.archive.org/web/20140414002255/http://home.datacomm.ch/ugobechini/password_morto.pdf |archivedate=April 14, 2014 }}</ref> This is compounded by the fact that many digital assets are only granted with non-transferable [[Rights issue|rights of use]]. For example, both Amazon and Apple only offer their digital products with single user rights.<ref>{{cite web|url=http://www.marketwatch.com/story/who-inherits-your-itunes-library-2012-08-23 |title=Who inherits your iTunes library? |publisher=Market Watch |date=2013-07-23 |accessdate=2014-04-11}}</ref> This means that digital products bought through such services can only be used by the purchaser, and cannot be passed on.
=== Social media===
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