News Summary: Facebook photos and death

Facebook photos could be lost forever after death of account holder under current law

DIGITAL AND DEATH: The Oregon Legislature recently took up a proposal that would have made it easier for loved ones to access the "digital assets" such as Facebook photos of the deceased, only to be turned back by pressure from the tech industry, which argued that both a 1986 federal law and terms of service agreements prohibit companies from sharing information.

FEDERAL LAW: Lobbyists agree the Stored Communications Act is woefully out of date but say that until it's changed, laws passed at the state level could be unconstitutional.

THE EXCEPTIONS: Currently, five states have digital assets laws, which vary widely. This group includes Oklahoma, which passed a law two years ago allowing estate lawyers to access digital assets, even social media accounts.