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Document Type

Student Comment/Note

Abstract

The right to transfer, own, and dispose of one’s assets after death is one of Americans’ most cherished rights. For most of the last century, Americans primarily held tangible assets, which were sufficiently managed through estate administration laws. Some key rights, such as transferring, owning, and disposing of tangible assets, are well understood by the bundle of sticks analogy common in property law. However, in the twenty-first century, Americans have accumulated significant digital assets that also require transfer, ownership, and disposition. Yet the current laws governing intangible assets do not adequately address these needs. Therefore, the bundle of bytes offers a reasonable hybrid approach to managing digital assets, addressing their distinct characteristics in relation to tangible property. Specifically, this paper argues that administrators should have access to the specific instance of the digital asset on the specific device in order to fulfill their administrative duties in good faith. The reason this change is necessary is that digital assets differ from tangible assets in that multiple copies can exist simultaneously in different locations. As a result, digital assets can be edited, deleted, or saved simultaneously. Incorporating the bundle of bytes approach with traditional asset transfer, ownership, and disposition will help estate administrators fully perform their duties of loyalty and care by granting them access to the specific instance of a digital asset on a particular device. This approach maintains the privacy of the decedent and the legal obligation of other holders of the digital assets. The bundle of bytes ensures that Americans’ treasured rights to transfer, own, and dispose of assets continue to evolve in tandem with the changing digital landscape.

DOI

https://doi.org/10.70657/SDLR.V71.I1.96

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