Yahoo releases e-mail of deceased marine

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Respect For the Dead and Privacy

Hi, Brent.

I absolutely agree with respect for the dead as an important concept. However, respect for the dead isn't a legal idea. However much respect Yahoo might have for the dead, they don't have the authority (apparently, anyway) to deny the next of kin access to their loved one's e-mail. Your analogy about a third party suing to get access to documents is right on point: This was not a third party. It was the next of kin. It would be no different than if they had wanted to get a trunk filled with their son's paper documents. In order to withhold the e-mail on privacy grounds, they would have to show that they were protecting the privacy rights of one of their current members. If the person is no longer living (and thus no longer a current member) they don't have grounds to refuse the next of kin. Now, if it was a third party unrelated to the Marine, that would be a different issue.

Posted by: bhartman33@...   Posted on: 04/22/05 You are currently: a Guest | Members login | Terms of Use

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