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David Debenham discusses digital assets in Step Inside
December 2011
Digital Assets – Digital Legacy: The Next Frontier - A Step Inside Study
December 2011 - Step Inside - Newsletter of the Society of Trusts and Estate Practioners Canada
Jerrard Gaertner
David Debenham, a partner in the Ottawa office of McMillan, discusses digital assets in the December 2011 edition of Step Inside in an article titled Digital Assets – Digital Legacy: The Next Frontier - A Step Inside Study.
David discusses a case study presented for comment in which a successful technology entrepreneur known for his smart software passes away suddenly leaving digital assets and an outdated will.
"The paramount issue is the need to safeguard assets and to preserve sources of data and information, which in this scenario means mirroring or forensics imaging of hard drives and/or servers. With the executors' cooperation, personal assets can be generally be accessed without a court order, assuming their location is known. It is important to include all digital devices to ensure that critical information is not lost simply because it was resident on a tablet or smart phone. To be forensically sound, one copy (the master) of all data is secured and a chain of custody maintained, so that if ever required, the contents of electronic devices can be proven. Digital forensic investigators or sometimes a third party solicitor often provide custody service."
Please click here to read the newsletter.
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