• Death in the digital age. When someone dies, his or her heirs or executor will have broad rights to access the deceased person’s letters, documents and other physical assets. Delaware has just become the first state to enact legislation giving heirs and executors the same rights to access a decedent’s digital assets – including his or her social media accounts – as they have to physical assets. The law only applies to people whose estates are located in Delaware and processed under Delaware law. Companies such as Google oppose laws of this type, asserting that they would lead to privacy violations.
  • The drive to curb Glass.  As Google Glass becomes more widely available, a number of states are considering legislation that would restrict drivers from using Glass and similar wearables on safety grounds. Even if ultimately adopted, however, would such laws be effective? As first reported in the Wall Street Journal, Prof. Adam Gershowitz of William & Mary Law School, in a recent research paper, argues that such laws would be “practically unenforceable.” Prof. Gershowitz notes that most of the contemplated bills only prohibit using Glass while driving, yet a police officer would have no real way of knowing whether a driver wearing Glass is in fact using the device.
  • And while two bills under consideration would more broadly ban wearing Glass and other head-mounted wearables while behind the wheel, these bills overlook smart watches.  (We’ve covered in an earlier blog post the difficulty law enforcement agencies have had going after Glass-wearing drivers under laws adopted in the pre-wearables era; that post can be reviewed here.) And while we’re on the topic of driving and technology . . . . Every new popular technology or app spawns new questions of etiquette and proper behavior. In the case of the fast-growing Uber service, lots of people who aren’t Uber drivers find themselves being accosted for a ride by potential passengers. In other words, people keep getting into strangers’ cars. Just make sure that the driver isn’t wearing Glass, okay?