Hiển thị các bài đăng có nhãn death. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn death. Hiển thị tất cả bài đăng

Thứ Năm, 9 tháng 5, 2013

Fitzgerald's star rose after death

F. Scott Fitzgerald Zelda Fitzgerald

American author F Scott Fitzgerald (1896 - 1940) dances with his wife Zelda Fitzgerald (nee Sayre) (1900 - 1948) and daughter Frances (aka 'Scottie') in front of the Christmas tree in Paris. Source: Getty Images

HAS-BEENS in Hollywood usually stay that way but one has enjoyed one of the most remarkable posthumous revivals.

F. Scott Fitzgerald is back on the big-screen with Leonardo DiCaprio and director Baz Luhrmann's The Great Gatsby, a story adapted for film and television more than half a dozen times since the silent-movie era, when it was published to scant sales in 1925.

Within a couple of decades after Fitzgerald's death in 1940, Gatsby was acknowledged as a masterpiece and the author was recognised as one of America's greatest for a body of work that includes Tender Is the Night, This Side of Paradise and The Love of the Last Tycoon, the unfinished Hollywood saga he'd been writing when he died.

A huge irony considering no one was reading Fitzgerald when he was scrambling for screenplay work toward the end of his life. There's even a small irony in the place he died of a heart attack at 44. It was the home of his companion, gossip columnist Sheila Graham, in the heart of an industry town where his supreme art never meshed with the studios' need for product. It's also half a block from where the Directors Guild of America headquarters now stands.

"God is a great stage manager. God is the greatest director of all time for images of pathos," Luhrmann said. "Fitzgerald, just think for all that he gave to us, he had a very rough trot. It is very sad. If he could only know how many people went on to read that novel and how universal it has become."

Luhrmann's Gatsby stars DiCaprio in the title role as the fabulously rich mystery man who's really a hopeless, doomed romantic, befriending impressionable neighbour Nick Carraway (Tobey Maguire) to help revive a lost love with Nick's cousin Daisy (Carey Mulligan).

Fitzgerald himself had several unsuccessful stints as a screenwriter in Hollywood, the last beginning in the late 1930s, when he was under contract with MGM, contributing fitfully to scripts to pay off debts and cover medical bills for his wife, Zelda, who was in a mental hospital. His reputation for boozing and carousing were Fitzgerald's undoing; though he worked on a number of films, including Gone with the Wind, his only screenwriting credit came for the 1938 war romance Three Comrades.

"I don't think that anyone would argue that Fitzgerald wasn't the architect of his own failure in Hollywood," said Robert S. Birchard, an editor at the American Film Institute who wrote a cover story on Gatsby screen adaptations for the May issue of the group's American Film journal.

A disastrous collaboration with admirer Budd Schulberg on the screenplay for a film called Winter Carnival was Fitzgerald's final downfall in Hollywood, Birchard said. Schulberg used the experience as the basis for his novel The Disenchanted, chronicling a young writer's disillusionment as his literary idol, now a Hollywood hack, sinks into an alcoholic breakdown.

"As Schulberg wasn't able to keep him on the wagon, and in fact got dragged into the drunken spree, that maybe suggested to other producers that Fitzgerald not only was unreliable but a bad influence on those he worked with," Birchard said. "Even with the best of intentions, it was not a wise thing to hire him."

Like many prose authors, Fitzgerald could not adapt to studio formulas and collaborative projects. His dialogue often was stylised speech that read well on the page but might ring false on screen, while he wrote long descriptive passages that were useless in a screenplay.

"Part of the answer is, he truly was an artist. He was in it at that point of time for the money, but he had visions of truly being a literary writer rather than grinding out a script that had this many lines," said Donelle Dadigan, president of the Hollywood Museum. "He couldn't turn his art into a craft."

Fitzgerald wrote about what he knew, so his hard partying and slacker ways were reflected in his fiction, including his Pat Hobby stories featuring a screenwriting alter-ego, a scheming scribbler always angling for paying gigs that required no work.

That contributed to his reputation as an undependable scribe. He even chronicled his decline from literary wonder boy to despondent failure in a series of essays published as The Crack-Up.

"He was his own worst publicist," said F.X. Feeney, a film critic and screenwriter (Roger Corman's Frankenstein Unbound) who is trying to interest the makers of Boardwalk Empire in a set of episodes featuring Fitzgerald as a character during a trip to Atlantic City to open a play in the 1920s. "Catholic boys have the confessional urge of confessing their sins, so any time he screwed up, he put it in a story."

The truth was that toward the end, Fitzgerald was struggling to give up the booze, much as depicted in the 2002 TV movie Last Call, starring Jeremy Irons as the author as he works on The Last Tycoon.

"He generally was fighting for sobriety," Feeney said. "He had a few lapses, but he was three-fourths sober the way the earth is three-fourths water."

Adapted into a film itself, starring Robert De Niro, The Love of the Last Tycoon was inspired by studio wunderkind Irving Thalberg and could have restored Fitzgerald's reputation had he lived to finish it.

Instead, it took a gradual rediscovery by readers and Hollywood alike to pull Fitzgerald out of oblivion. Since the author's death, Alan Ladd and Robert Redford preceded DiCaprio in the title role of versions of The Great Gatsby, while Brad Pitt starred in 2008's Fitzgerald adaptation The Curious Case of Benjamin Button, based on one of his short stories.

"In some ways, it's the kind of ending, a reclamation that he probably would have appreciated," said Kirk Curnutt, an English professor at Troy University in Montgomery, Ala., and author of A Historical Guide to F. Scott Fitzgerald and The Cambridge Introduction to F. Scott Fitzgerald.

"He certainly would have rather died famous and at the top of his craft, but there was something very self-defeating about Fitzgerald. He tended to perpetuate his failures in some ways. So story-wise, his revitalisation of the past 60 years, it's a fitting sort of Gatsby-esque ending."


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Chủ Nhật, 5 tháng 5, 2013

Spider blamed in Slayer guitarist death

Jeff Hanneman

Following the bite Hanneman had several operations to remove dead and dying tissue from his arm last year. Picture: Getty Images Source: Getty Images

  • Spider bite may have contributed to Hanneman's death
  • Jeff Hanneman died of a liver infection
  • Slayer guitarist Jeff Hanneman dead at 49

SLAYER guitarist Jeff Hanneman thought he was on the mend after a spider bite followed by an infection.

He'd been writing songs with the band in anticipation of recording a new album later this year.

But in an unusual chain of events, a representative for the band said the bite may have contributed to Hanneman's death more than two years later.

Hanneman died Thursday morning of liver failure at a Los Angeles hospital with his wife, Kathy, by his side, according to Slayer spokeswoman Heidi Robinson-Fitzgerald. He was 49.

Family members and doctors were not immediately available to discuss the cause of death.

Robinson-Fitzgerald said Hanneman had been slowly recovering from necrotizing fasciitis, a flesh-eating disease that nearly cost him his arm. Such an infection can develop from a minor cut or scratch; Robinson-Fitzgerald blamed the spider bite, for which he failed to seek immediate treatment.

Infections by flesh-eating bacteria are rare. The affliction can destroy muscle, fat and skin and may require surgery to remove the diseased tissue to save a patient's life.

Hanneman had several operations to remove dead and dying tissue from his arm, the band said on its website last year.

The government estimates roughly 750 flesh-eating bacteria cases occur each year, usually caused by a type of strep germ. About 1 in 5 people with the most common kind of flesh-eating strep bacteria die.

People with weakened immune systems can be more at risk.

Flesh-eating bacteria, by itself, doesn't cause liver failure. But at least one type of strep bacteria can cause streptococcal toxic shock syndrome, which can lead to liver failure.

It is unclear whether an autoposy will be scheduled. No funeral arrangements have been made.

"Jeff Hanneman will always be a metal god," rocker Andrew W.K. posted on Twitter.

Hanneman co-founded the thrash metal pioneers in Huntington Beach, Calif., in 1982.


View the original article here

Thứ Ba, 2 tháng 4, 2013

Hitler's mad plan for death star

Life magazine Germand sun gun

The Life magazine article from 1945 detailing the German 'sun gun'. Source: Supplied

  • Huge mirror in space would concentrate sun's rays
  • Nazis wanted to use it as a weapon
  • Also had plans for space station

IT sounds like something only a Bond villain would propose, but the Nazis planned a mile-wide "?space gun" powered by the sun.

The giant mirror could be used to focus the sun on a target - like the magnifying glasses used by children to create fire.

A long-forgotten article from Life magazine in 1945 revealed how "US Army technical experts came up with the astonishing fact that German scientists had seriously planned to build a “sun gun".

The giant orbital mirror would "focus the sun’s rays to a scorching point on the Earth’s surface". The German army, readers were told, "hoped to use such a mirror to burn an enemy city or to boil part of an ocean".

The idea came to renowned rocket scientist Hermann Oberth in 1923.

Life magazine Germand sun gun

The Life magazine article from 1945 detailing the German 'sun gun'.

With an estimated cost of three million marks and taking 15 years to construct, the original purpose of the space mirror was to provide the people of Earth with sunshine on demand, anywhere on the globe. But Oberth later described it as the "ultimate weapon".

"My space mirror" he wrote, "is like the hand mirrors that schoolboys use to flash circles of sunlight on the ceiling of their classroom. A sudden beam flashed on the teacher’s face may bring unpleasant reactions."

In 1945, when the victorious Allies began sifting through captured war plans, it emerged that the Nazis had updated Oberth’s proposals and begun looking into the possibility of the Third Reich building a mirror weapon in orbit 22,236 miles above the Earth.

Details of the sun gun emerged again after they were discussed by US military experts and appeared on internet forums.

Adolf Hitler

By 1945, German scientists were working on ever-more destructive weapons to help Hitler try to win the war. Image digitally enhanced.

Life magazine believed it would be put into orbit in pre-assembled sections. It would also contain a manned space station, with 10m holes in which supply rockets could dock, hydroponic gardens to provide oxygen and solar-powered generators for electric power.

Once in orbit, the "master rocket" for the project would unreel six cables. Spinning the rocket on its axis would extend the cables radially, allowing construction to begin.

The Germans are not the only nation to look into harnessing the power of the sun. In 1999, the Russians unveiled a plan to use a mirror to reflect sunlight to Earth during winter.

And in the James Bond film, The Man with the Golden Gun, Christopher Lee's villain, Scaramanga, unveils a powerful solar-powered laser gun which can destroy almost anything.
 


View the original article here

Thứ Sáu, 29 tháng 3, 2013

Mafia twist in Jimi Hendrix death

Jimi Hendrix

Steve Miller says the late, great Jimi Hendix was monstered by the Mafia. Picture: Supplied Source: Supplied

Janis Joplin

Janis Joplin was downing 750ml of gin per day in the last two months of her life, Steve Miller says. Picture: Supplied Source: Supplied

CLASSIC American rocker Steve Miller says he was scared straight after seeing friends Jimi Hendrix and Janis Joplin kill themselves with drugs.

The Fly Like An Eagle hitmaker said Joplin's manager, the late Albert Grossman, should have been jailed for letting the troubled singer leave rehab before she got well.

He said: "I did some of the last gigs with Jimi and Janis.

"She had become a heroin addict, did 19 days of rehab, and was drinking a fifth of gin (750ml) a day.

"They booked her to 60 shows and she was dead two months later.''

Miller said Hendrix was similarly messed up.

"The last time I saw Jimi, he was completely stoned on heroin and had Mafia thugs running him,'' Miller said.

"They wouldn't let him get on stage until he had been paid $120,000 in cash.

"Then they'd shoot him up with speed.

He added: "Jimi would play noise for 20 minutes. He was so high, he didn't even know where he was.''

The Steve Miller Band frontman, whose hits include The Joker, Jet Airliner and Abracadabra, always knew his

destination.

His godfather is guitar great Les Paul. Paul was a family friend.

That connection saw Miller get guitar lessons from blues giant T Bone Walker.

He met The Beatles while working with their engineer Glyn Johns. He sat in on recording sessions for Get Back

and Don't Let Me Down. It led to friendship and collaborations with Paul McCartney.

The Beatles inspired Miller to write hits and have a stockpile of follow ups.

The Joker, released in 1973, was the first of many.

"I didn't think it was a hit. But it just did what it did. It went viral,'' he said.

Miller heard his hit on four of five radio stations while driving to a headlining show in San Francisco.

He laughed: "I was kind of annoyed it wasn't on the fifth station. You lose perspective. You're never happy.''

He said the music industry was dirty.

"It was an ugly competitive place where everybody was fighting for the same resources.

"There were kickbacks and secret deals. It was a slimy business.

"Being talented was a hard way to make it,'' Miller said. "But I made it on my talent and songs.''

Yet, after all the hits, Miller was dumped by his record company.

"They were done with me. They even hated Abracadabra. They said: `We don't like this. We don't like you, either.

We like this new kid over there with green pants and tattoos.''

Abracadabra, released in 1982, was a global hit.

Miller, touring Australia this month, will perform at the Deniliquin Blues and Roots Festival this weekend.

He also teaches popular music and music industry programs at US universities.

"My strongest message is: `Never give your songs away. Never sign a contract you can't get out of.'

"You have to know what your value is. I started learning my value when I was 12 years old.''

Miller, now 69, is recording new songs.

"It involves jazz, blues lyrics, the American songbook, and combining them all,'' he says.

He is attempting a mash-up of Miles Davis' All Blues and Ma Rainey's See See Rider.

Asked if he's mindful of messing with Miles, Miller answers: "I played a lot with Miles, so I'm not mindful of

anything.

"I'm here to stretch it out, kick it around, see if I can move it forward and make it my own.

"Miles always said I was a cocky like that.

"He referred to me in his book as `that jazz mother f---er Steve Miller.'

"That's a very big badge of honour.''


View the original article here

Thứ Năm, 7 tháng 3, 2013

Rocker cleared over fan's death

Randy Blythe

Frontman of US metal band Lamb of God Randy Blythe listens to the verdict at the court in Prague. Picture: David Josek Source: AP

A PRAGUE court has acquitted the frontman of US heavy metal group Lamb of God, Randy Blythe, of charges of involuntary manslaughter over the death of a Czech fan in 2010.

Blythe, 42, went on trial on February 4 after pushing a 19-year-old fan off the stage on to a concrete floor during a concert at a Prague club in May 2010.

The fan, who had reportedly tried to climb on to the stage several times, died of head injuries two weeks later.

Judge Tomas Kubovec said the fan had tried to get onstage because he had misunderstood Blythe's call for greater applause which would have been "absolutely understandable for English speakers", the DNES broadsheet daily said on its website.

Blythe, who pleaded not guilty and attended all the hearings in the trial, admitted to having pushed the young man off the stage, but insisted he saw him stand up again in the crowd.

He apologised to the dead fan's family, who had demanded damages worth 10 million koruna ($501,000).

Czech police first detained Blythe upon his arrival at Prague airport in June 2012.

He was freed without charge in August, but had to post 237,000 euro ($305,235) bail. He left the country after committing to return for the trial.


View the original article here

Thứ Hai, 4 tháng 3, 2013

Do Facebook photos fade away in death?

Facebook Ghosts

Karen Williams poses with a photo of her deceased son, Loren. She battled Facebook over the right to view Lorens Facebook page. Source: AP

A GRIEVING Oregon mother who battled Facebook for full access to her deceased son's account so photos, messages and other memories can be retained.

"Everybody's going to face this kind of a situation at some point in their lives," says Karen Williams, whose 22-year-old son died in a 2005 motorcycle accident.

The Oregon Legislature responded and took up the cause recently with a proposal that would have made it easier for loved ones to access the "digital assets" of the deceased, only to be turned back by pressure from the tech industry, which argued that both a 1986 federal law and voluntary terms of service agreements prohibit companies from sharing a person's information - even if such a request were included in a last will and testament.

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.

"Everybody wants to do the right thing, but the hard legal reality is the federal communications act," said Jim Hawley, a vice president at TechNet, an industry group that represents companies such as Google and Microsoft.

Oregon lawmakers moved ahead anyway with a proposal that would have given "digital assets" - everything from photos and messages stored online to intellectual property and banking information - the same treatment as material property for estate purposes.

"I think it's time for us to really look at what we can do now," said Democratic Senator Floyd Prozanski after hearing Williams testify about her loss last month.

Two weeks later, however, language in the bill that would have covered social media accounts, from Facebook to Flikr, was stripped as tech lobbyists said the federal law and company privacy policies trumped anything that the bill would have included.

"I recognise the emotional toll these types of decisions can have on a family who's lost a loved one," Senator Prozanski said on Thursday. "But some of these issues may have to be addressed when we have more information than we currently have."

Still, the problem persists and discussions on the issue are gaining momentum. As unlikely as such a case might be, even if a person willingly gives over login and password information to someone whom they authorise to access a given digital account, it would violate most terms of service agreements and both people could be charged with cybercrimes and face civil action from Internet companies under current law.

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. That measure did not face the opposition that has emerged in Oregon.

"There is some question if laws like the one we passed in Oklahoma, would stand up to a challenge by Facebook and Gmail saying their terms of service agreements supersede laws like this one and the one being discussed in Oregon," said Ryan Kiesel, a former Oklahoma legislator who wrote the law.

"That's a question that remains to be answered," he added.

Several other states, including Nebraska - guided in part by the story of Williams' 22-year-old son, Loren - are also considering proposals. And the Uniform Law Commission, a non-profit, non-partisan group that writes model legislation for states to help standardise laws around the nation, is examining the issue.

"This law is a real need as we have moved into a digital world," said Lane Shetterly, an Oregon attorney and a representative on the commission's drafting committee. The group is responsible for standardising a range of legislation, including commercial transaction regulations and child custody laws.

Proponents say the need is clear. Without clarity or direction, the digital information left behind by a deceased person can spark emotional legal battles, pitting big business against devastated families. And as more and more memories are being stored online, new tools are necessary to make sure loved ones can easily access personal details that could be lost forever.

"If this were a box of letters under his bed, no one would have thought twice," Ms Williams said.

Months after the death of her first-born son, who was away at college in Arizona, Ms Williams found comfort in his Facebook page. There, she was able to click through photos and letters that helped ease the pain of her loss - for two hours.

She learned of the page from his friends and wanted access to his memories to keep them from being deleted, which was Facebook's policy at the time. Unaware of Internet privacy regulations, she reached out to Facebook for help. As she waited for a response, one of his friends provided a tip that helped her discover his password. "It was like a gift," she said.

Shortly after, however, the site's administrators changed the password, citing company policy in denying her. Ms Williams sued and won, but she never received the full access she sought. Eventually, the account was taken down. In the end, she gained little more than a symbolic victory and a role as champion of a cause that didn't exist before the digital age.

Mr Kiesel, the former Oklahoma lawmaker, says the various attempts at legislation have sparked a long overdue conversation about estate planning for digital assets.

"I think that, because of the wide prevalence of online accounts and digital property, the federal government will ultimately need to pass some legislation that provides greater uniformity," he said.

Congress, however, has no current plans to take up the matter. US Senator Mark Pryor, an Arkansas Democrat who heads the Senate Commerce Subcommittee on Communications and Technology, is not planning to introduce any digital assets proposals and has not heard any come up, his press secretary said. Also, a bill aimed at modernising the Stored Communications Act failed in the House Judiciary Committee last year.

"This is not going to happen overnight," said Greg Nojeim, of The Centre for Democracy and Technology, a Washington, DC-based non-profit, public policy group. He said changes to the Stored Communications Act were being discussed by industry groups, "but none that would help these families."

Under current law, Internet companies that provide storage for digital assets are prohibited from disclosing account information, even to families, without a court order, which can be costly and difficult to obtain.

Even then, there are no guarantees. Facebook, for example, citing its terms of service agreement won't provide access, even if a judge orders them to do so. Facebook will not comment on pending legislation or specific cases other than to defer to their service agreement, which states, in part, "We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so."

Along these lines, TechNet, one of several groups in opposition to the Oregon measure, provided written testimony arguing that legislation requiring online companies to provide access could subject them to federal criminal penalties.

"We just want to make sure that whatever comes out doesn't put a company in a position where they have to choose between state and federal law," said Mr Hawley.

The pending Oregon legislation now covers only digital assets of commercial or financial value such as online banking information.

"It's absolutely devastating," Ms Williams said.

Since she began her quiet crusade after her 2007 court victory yielded limited, temporary access to her son's account, the social media landscape has changed considerably, but there is still no industry standard. Where Facebook once deleted the accounts of deceased users, for example, pages can now be memorialised for public view.

Many predict the problem will grow as long as there are no estate laws in place to determine what happens to virtual property left behind by the deceased.

Without a clear law, estate managers can be charged with cybercrimes for attempting to access clients' digital accounts, said Victoria Blachly, a Portland attorney who helped draft the initial Oregon proposal.

Estate planning attorney James Lamm writes about the issue on his blog "Digital Passing." He advises clients to include explicit instructions in their wills stating exactly how digital assets should be handled - even if there is no guarantee those wishes will be carried out.

"It's good to come up with a thoughtful plan for what happens to all of your property," he said. "Your physical properties, and your digital properties."


View the original article here

Thứ Sáu, 1 tháng 3, 2013

Do Facebook photos fade away in death?

Facebook Ghosts

Karen Williams poses with a photo of her deceased son, Loren. She battled Facebook over the right to view Lorens Facebook page. Source: AP

A GRIEVING Oregon mother who battled Facebook for full access to her deceased son's account so photos, messages and other memories can be retained.

"Everybody's going to face this kind of a situation at some point in their lives," says Karen Williams, whose 22-year-old son died in a 2005 motorcycle accident.

The Oregon Legislature responded and took up the cause recently with a proposal that would have made it easier for loved ones to access the "digital assets" of the deceased, only to be turned back by pressure from the tech industry, which argued that both a 1986 federal law and voluntary terms of service agreements prohibit companies from sharing a person's information - even if such a request were included in a last will and testament.

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.

"Everybody wants to do the right thing, but the hard legal reality is the federal communications act," said Jim Hawley, a vice president at TechNet, an industry group that represents companies such as Google and Microsoft.

Oregon lawmakers moved ahead anyway with a proposal that would have given "digital assets" - everything from photos and messages stored online to intellectual property and banking information - the same treatment as material property for estate purposes.

"I think it's time for us to really look at what we can do now," said Democratic Senator Floyd Prozanski after hearing Williams testify about her loss last month.

Two weeks later, however, language in the bill that would have covered social media accounts, from Facebook to Flikr, was stripped as tech lobbyists said the federal law and company privacy policies trumped anything that the bill would have included.

"I recognise the emotional toll these types of decisions can have on a family who's lost a loved one," Senator Prozanski said on Thursday. "But some of these issues may have to be addressed when we have more information than we currently have."

Still, the problem persists and discussions on the issue are gaining momentum. As unlikely as such a case might be, even if a person willingly gives over login and password information to someone whom they authorise to access a given digital account, it would violate most terms of service agreements and both people could be charged with cybercrimes and face civil action from Internet companies under current law.

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. That measure did not face the opposition that has emerged in Oregon.

"There is some question if laws like the one we passed in Oklahoma, would stand up to a challenge by Facebook and Gmail saying their terms of service agreements supersede laws like this one and the one being discussed in Oregon," said Ryan Kiesel, a former Oklahoma legislator who wrote the law.

"That's a question that remains to be answered," he added.

Several other states, including Nebraska - guided in part by the story of Williams' 22-year-old son, Loren - are also considering proposals. And the Uniform Law Commission, a non-profit, non-partisan group that writes model legislation for states to help standardise laws around the nation, is examining the issue.

"This law is a real need as we have moved into a digital world," said Lane Shetterly, an Oregon attorney and a representative on the commission's drafting committee. The group is responsible for standardising a range of legislation, including commercial transaction regulations and child custody laws.

Proponents say the need is clear. Without clarity or direction, the digital information left behind by a deceased person can spark emotional legal battles, pitting big business against devastated families. And as more and more memories are being stored online, new tools are necessary to make sure loved ones can easily access personal details that could be lost forever.

"If this were a box of letters under his bed, no one would have thought twice," Ms Williams said.

Months after the death of her first-born son, who was away at college in Arizona, Ms Williams found comfort in his Facebook page. There, she was able to click through photos and letters that helped ease the pain of her loss - for two hours.

She learned of the page from his friends and wanted access to his memories to keep them from being deleted, which was Facebook's policy at the time. Unaware of Internet privacy regulations, she reached out to Facebook for help. As she waited for a response, one of his friends provided a tip that helped her discover his password. "It was like a gift," she said.

Shortly after, however, the site's administrators changed the password, citing company policy in denying her. Ms Williams sued and won, but she never received the full access she sought. Eventually, the account was taken down. In the end, she gained little more than a symbolic victory and a role as champion of a cause that didn't exist before the digital age.

Mr Kiesel, the former Oklahoma lawmaker, says the various attempts at legislation have sparked a long overdue conversation about estate planning for digital assets.

"I think that, because of the wide prevalence of online accounts and digital property, the federal government will ultimately need to pass some legislation that provides greater uniformity," he said.

Congress, however, has no current plans to take up the matter. US Senator Mark Pryor, an Arkansas Democrat who heads the Senate Commerce Subcommittee on Communications and Technology, is not planning to introduce any digital assets proposals and has not heard any come up, his press secretary said. Also, a bill aimed at modernising the Stored Communications Act failed in the House Judiciary Committee last year.

"This is not going to happen overnight," said Greg Nojeim, of The Centre for Democracy and Technology, a Washington, DC-based non-profit, public policy group. He said changes to the Stored Communications Act were being discussed by industry groups, "but none that would help these families."

Under current law, Internet companies that provide storage for digital assets are prohibited from disclosing account information, even to families, without a court order, which can be costly and difficult to obtain.

Even then, there are no guarantees. Facebook, for example, citing its terms of service agreement won't provide access, even if a judge orders them to do so. Facebook will not comment on pending legislation or specific cases other than to defer to their service agreement, which states, in part, "We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so."

Along these lines, TechNet, one of several groups in opposition to the Oregon measure, provided written testimony arguing that legislation requiring online companies to provide access could subject them to federal criminal penalties.

"We just want to make sure that whatever comes out doesn't put a company in a position where they have to choose between state and federal law," said Mr Hawley.

The pending Oregon legislation now covers only digital assets of commercial or financial value such as online banking information.

"It's absolutely devastating," Ms Williams said.

Since she began her quiet crusade after her 2007 court victory yielded limited, temporary access to her son's account, the social media landscape has changed considerably, but there is still no industry standard. Where Facebook once deleted the accounts of deceased users, for example, pages can now be memorialised for public view.

Many predict the problem will grow as long as there are no estate laws in place to determine what happens to virtual property left behind by the deceased.

Without a clear law, estate managers can be charged with cybercrimes for attempting to access clients' digital accounts, said Victoria Blachly, a Portland attorney who helped draft the initial Oregon proposal.

Estate planning attorney James Lamm writes about the issue on his blog "Digital Passing." He advises clients to include explicit instructions in their wills stating exactly how digital assets should be handled - even if there is no guarantee those wishes will be carried out.

"It's good to come up with a thoughtful plan for what happens to all of your property," he said. "Your physical properties, and your digital properties."


View the original article here