The potential scope of the privacy invasion becomes much larger as the amount of stored information and the ease with which it can be searched increase. Moreover, digital accounts often contain messages going back several years, whereas a personal representative collecting physical mail would only receive such communications on a prospective basis. This debate has broad relevance. See Monica Anderson et al. Who Are They? Jones, Majority in U.
Moreover, others have stale wills that no longer reflect their preferences. See Adam J. It is uncontroverted that a decedent who leaves a will authorizing his or her personal representatives to access the contents of his or her emails provides lawful consent. Thus, the difficult question is how to respond when a decedent leaves no such record. See Banta, supra note 53, at — Indeed, it is likely that many have not contemplated this issue. However, these tools have not yet become commonplace.
As of December , Facebook and Google were the only two major providers that offered such tools. Alberto B. Mason L. Though the internet companies nominally objected under privacy concerns, other motivations also might have driven this stance.
Lopez, supra note 69, at It is planned for introduction in in six more states and the District of Columbia. Though the SCA governs privacy for electronic communications, it is incongruous for the SCA to impact probate questions because the SCA was not meant for estate administration and is wildly out of date.
Electronic Communications Privacy Act of , Pub. However, the threats that Congress legislated against were hackers and intrusive government bodies seeking to spy on citizens, not personal representatives seeking to marshal assets.
Cahn, supra note 51, at —01, — Moreover, Congress could not have anticipated the extent of the digital explosion that has occurred since For instance, online banking was not available to U. Compare Stat. Notice what this means. As a result of political compromise, email succession law in a vast majority of states relies on a politically compelled and previously untested interpretation of an outdated act that did not contemplate fiduciary administration — not to mention cloud storage — when it was enacted.
It creates many of the institutions and branches of government, and defines their powers. It is the supreme law of Canada. It reaffirms Canada's dual legal system and also includes Aboriginal rights and treaty rights.
The Constitution sets out the basic principles of democratic government in Canada when it defines the powers of the three branches of government :. When Canada was created, it was a self-governing British colony. The British North America Act, , codified many constitutional rules for Canada, but major changes to the Constitution could only be made by the United Kingdom Parliament.
In , the Charter was enacted as part of Canada's Constitution along with a set of procedures allowing the Constitution to be amended in Canada. The Queen has the executive power in Canada, but in our democratic society the Queen's powers are exercised by constitutional convention on the advice of Ministers who enjoy the confidence of the House of Commons. Together, the Prime Minister and other Ministers form the cabinet, which is responsible to Parliament for government business. Ministers are also responsible for government departments, such as the Department of Finance and the Department of Justice.
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Bills are debated and passed by the Senate and the House of Commons. The Governor General must also give royal assent to a bill in order for it to become a law. By constitutional convention, royal assent is always given to bills passed by the Senate and the House of Commons. Our Constitution also includes provisions relating to the judicial branch of government, composed of judges. The judiciary must interpret and apply the law and the Constitution, and give impartial judgments in all cases, whether they involve public law, such as a criminal case, or private law, such as a dispute over a contract.
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