Kids, Death & Digital Identities
Updated April 21, 2024
This article is a follow on from "Death & Digital Identity" diving deeper into the waters of children, their digital identities, risks and liabilities when they die. I strongly suggest readers skim the first article before reading this one, as I'll use terms like SOLICT, LSSI, PIAM, TODA, capability files, et al.
Bottom line of this article: Kids are at the forefront of the digital revolution. Thus, they have new risks and liabilities associated with them when they die. I'll use use cases of John Doe, son of Jane Doe, to illustrate what's quickly coming at us.
Note: It's complicated to explain - thus this isn't a quick read.
John Doe When He Was Alive
In the not so distant future John Doe will:
All of the above is like science fiction I was reading about when I was a young child growing up, i.e. I'm old, and the world has dramatically changed. Now come with me on a journey when John tragically dies young. Let's start simple and move to the complex...
John Dies Without Having Any Digital Identities, Belonging to Social Media or Having His Data in Commercial Databases
The new death certificate process as described in "Death & Digital Identity" occurs:
Now let's begin to make it more complex in stages...
John's Biometric/Behavioral Data Has Been Captured and Stored in Large Commercial Databases
As described in "Young Children’s Data Privacy Challenges in the Tsunami Age" John's fetal data all the way through to his untimely death will be stored in one or multiple commercial databases. Here's my first dumb question to legal experts, insurers, privacy folks et al: "Who owns and controls the data once John dies?"
To provide perspective to this question, watch this heart wrenching video of a South Korean woman interacting with her dead daughter via a virtual reality (VR) environment. All of a sudden, John's data has commercial value post death. It will likely be used by companies to make money selling services to the family of John Doe, BUT ALSO BY CRIMINALS WHO WILL WANT TO MASQUERADE AS HIM. To see examples of this today, skim "Synthetic Identity Fraud - 1 Million Kids a Year".
To mitigate risk of this "stuff" occurring to banks, insurance companies, et al, requires the following new legal tools:
Now, let's add some more complexity...
John Belonged To Several or More Social Media Groups
Tiktok, etc. are places John liked to belong to. He interacted with kids and adults around the planet, each and every day. Pushing aside for the moment the issues raised in the previous section about his data, how is the social media groups notified he's died? Answer - in today's world it's a whopper mess, e.g. this article describing Facebook's dead members.
Here's my next point - there are liabilities to not only the social media companies but also to insurers, banks et al when criminals obtain access to John's accounts, and are able to masquerade as him.
Solution - adopt SOLICT/LSSI and give people, governments and companies a new set of legal tools to mitigate risk. Thus, by law, or by John/Jane's choice or, by commercial consent contracts agreed to when John joined say TikTok, they would be automatically notified by the CRVS or John's death notification service if and when John dies.
So, if John lives in Jurisdiction A, and tragically dies in Jurisdiction B, then his death notification would be established by CRVS Jurisdiction B. This hypothetically could result in them notifying CRVS Jurisdiction A of his death, which in turn automatically notifies registered entities of his death or, perhaps John's SOLICT/LSSI is updated, which in turn triggers his PIAM to notify registered entities like TikTok, etc.
Consent agreements will likely need to be rethought such that upon death, account termination and restricted use of John's data occur. My points:
Now let's make it more complicated...
John Has Several Physical and Virtual AI Bots
Depending on risk, these might or might not be required to be legally registered. Here's a hypothetical registration process for these, given John's a legal minor, as I see it:
John's bots then continuously acquire data on John. Where this data is stored and how it's used are very important legal and privacy questions which need to be answered and regulations created protecting John's data privacy.
As an aside, skim pages 16-17 Learning Vision Flyover". In it, I discuss where Jane Doe's learning data will be stored in his LDV (Learner Data Vault). Then skim pages 383-401 in Cost Centres - Rethinking Legal Identity & Learning Vision", where I discuss challenges with this including cost, operations et al.
Here's the point I want regulators, legal, privacy, security and insurer folks to note. SOLICT/LSSI devices, plus the framework depicted in the diagram, offers a whole new set of legal tools to begin rethinking a person's data, consent, where it's stored and how it's used, which will work anywhere on the planet. It applies to John as well.
So, upon John's death, in addition to his death notification being sent to governments, insurers et al, it also could be sent to his school. Further, it can automatically stop or reduce use of the bot by generating data, making decisions, et al, long after John's dead.
These new tools give insurance companies, banks and his mother Jane, new ways to mitigate risk of John's bots being misused by criminals et al.
Legal questions regulators need to figure out is what new laws/regulations are required addressing death of a legal minor and how their associated bots are handled.
Now let's finish up with John still alive but undergoing digital death...
Digital Death And John In His Learning in the Not So Distant Future
As described in "Death & Digital Identities", a person can still be alive, yet suffer a cyber-attack effectively limiting their ability to function in society, i.e. "digital death". Let's examine a couple of hypothetical examples in the not so distant future
John's Unable to Learn
The cyber-attack might prevent John from being able to learn. It might not only affect his identity in his learning environments, but also his learning bots, et al. Depending on the situation and the gravity of the attack, insurers might be liable.
John's Health Digital Twins et al Enable Him Not Being Able to be Treated
If John's medical digital twin is compromised, it conceivably could lead to his death, which results in liabilities for the insurer.
It Requires a New Legal Toolkit Which Works Both Locally as well as Globally
All of the above requires a SOLICT/LSSI/PIAM framework for humans, rapidly emerging smart digital identities of ourselves, AI systems and bots. With this regulators, insurers, and people can mitigate the risk of digital death for a legal minor.
Skim "Rethinking Human Legal Identity" to see the architecture.
Architectures & Costs Addressing The Above
My Message To Government & Industry Leaders
SUMMARY - YES IT'S COMPLICATED!!!!!
When a child dies, it's hard for survivors to deal with. Here's my message - it's rapidly becoming even more complicated, and potentially heart wrenching than it already is. It also carries with it new risks and liabilities to survivors, insurers et al. Thus it requires a new legal toolkit offering insurers new legal tools.
Leveraging SOLICT, LSSI, PIAM, rethought consent/legal contracts, leveraging TODA capability files:
Contact me if you'd like to discuss this.
About Guy Huntington
I'm an identity trailblazing problem solver. My past clients include Boeing, Capital One and the Government of Alberta's Digital Citizen Identity & Authentication project. Many of my past projects were leading edge at the time in the identity/security space. I've spent the last eight years working my way through creating a new legal identity architecture and leveraging this to then rethink learning.
I've also done a lot in education as a volunteer over my lifetime. This included chairing my school district's technology committee in the 90's - which resulted in wiring most of the schools with optic fiber, behind building a technology leveraged school, and past president of Skills Canada BC and Skills Canada.
I do short term consulting for Boards, C-suites and Governments, assisting them in readying themselves for the arrival of AI systems, bots and AI leveraged, smart digital identities of humans.
I've written LOTS about the change coming. Skim the over 100 LinkedIn articles I've written, or my webpage with lots of papers.
Quotes I REALLY LIKE!!!!!!:
Reference Links:
An Identity Day in The Life:
My Message To Government & Industry Leaders:
National Security:
Rethinking Legal Identity, Credentials & Learning:
Learning Vision:
Recommended by LinkedIn
Creativity:
AI Agents:
Architecture:
AI/Human Legal Identity/Learning Cost References
AI Leveraged, Smart Digital Identities of Humans:
CISO's:
Companies, C-Suites and Boards:
Legal Identity & TODA:
Enterprise Articles:
Rethinking Enterprise Architecture In The Age of AI:
LLC's & AI:
Challenges With AI:
New Security Model:
DAO:
Kids:
Sex:
Schools:
Biometrics:
Legal Identity:
Identity, Death, Laws & Processes:
Open Source:
Notaries:
Climate Change, Migration & Legal Identity:
Fraud/Crime:
Behavioral Marketing:
AI Systems and Bots:
Contract Law:
Insurance:
Health:
AI/AR/VR Metaverse Type Environments:
SOLICT:
EMP/HEMP Data Centre Protection:
Climate:
A 100,000-Foot Level Summary Of Legal Human Identity
A 100,000-Foot Level Summary Of The Learning Vision:
Great read Guy , thanks for sharing.