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General discussion

Slain Marine's E-Mail Raises Legal Issues

by Cindi Haynes Apr 23, 2005 1:59AM PDT

DETROIT (AP) - Yahoo Inc. (YHOO) may have resolved its dispute with a family over accessing the e-mail account of a Marine killed in Iraq, but legal experts say such conflicts are bound to be more common as e-mail becomes a crucial component of our lives.

John Ellsworth sought his son's e-mails after Lance Cpl. Justin Ellsworth was killed Nov. 13 while inspecting a bomb in Iraq. But the father didn't know his son's password, and Yahoo said it couldn't break its confidentiality agreement with the Marine.

http://apnews.myway.com//article/20050423/D89L03CO0.html

I don't think I want anyone reading my email when I die. If there's important things in there, I print and file them. I guess this will be another thing to spell out in our wills and trusts, huh?

--Cindi
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2 Posts

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Maybe the thing to do...

by EdH Apr 23, 2005 3:14AM PDT

would be to appoint some impartial person to sort through the e-mails and determine which are okay to release and which should be kept secret or deleted. I think it would be too complicated to spell out in a will except in the broadest terms.

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re:

by Chorus-Line A1-QMS Apr 23, 2005 4:38AM PDT

Even with a trust or will, once it?s been made aware that it exists during the examination of the witness, it will be asked to be produced as evidence. The defending lawyer will claim privilege on behalf of his client and therefore will object while the other lawyer will file a motion to have it disclosed. The decision is entirely up to the judge depending on the necessity and relevance of it.

Based from what I've been seeing during examination.

CL

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