Virginia attempts to regulate Facebook

State passes law giving parents access to deceased child's account

02/21/2013 | ConsumerAffairs | Social & Dating

By Mark Huffman

Mark Huffman has been a consumer news reporter for ConsumerAffairs since 2004. He covers real estate, gas prices and the economy and has reported extensively on negative-option sales. He was previously an Associated Press reporter and editor in Washington, D.C., a correspondent for Westwoood One Radio Networks and Marketwatch. Read Full Bio→

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When 15-year old Eric Rash, of rural Virginia, committed suicide in 2011, the investigating officer told his grieving parents they should get access to their son's Facebookaccount in their search for clues.

The Rashes, however, discovered that would not be easy. Facebook's terms and conditions make no provision for parents to take control, and close down a deceased child's Facebook account.

So the couple turned to the Virginia state legislature, which has passed a bill requiring Facebook to allow the Rashes, and other parents in similar circumstances, to gain access to their child's social media account if the child dies.

Facebook hedges

In a statement to WWBT-TV in Richmond, Va., Facebook hedged on its response to the legislation.

"These are tragic situations and Facebook always tries to be as helpful to families as possible while still complying with federal and state law," a spokesman told the station.

Left unsaid is whether the social media giant will challenge the law in court. Meanwhile, other states are considering similar provisions to help grieving families and other people who are increasingly frustrated in dealing with Facebook account issues, including cases in which a Facebook member dies.

"I have asked to close my father's Facebook account, as he passed away almost a year ago," Alan, of Ontario, Canada, wrote at ConsumerAffairs. "It is still active. And I am getting notices from his account. Freaky! Big time. How much more do I need to notify them before closing his account?"

Traditional customer service doesn't work

As the Rush family discovered, that might not be easy. Part of the problem, no doubt, stems from the fact that Facebook has some 800 million members. With a customer base that large, and spread across the globe, traditional customer service methods simply don't work.

Patricia, of Minnetonka, Minn., has been trying to deactivate her Facebook account for a month.

"When I get to the end to 'Deactivate' Facebook, it requires me to put the password in, and every time I did Facebook says it's the wrong password," Patricia wrote in a ConsumerAffairs post. "So of course I carefully retype my password again and again, still it's wrong password. That is just wrong that Facebook can do that! What can be done?"

No 800 number

And it's not like there's an 800 number Patricia can call and get help from a human being. Harold, of Heiskell, Tenn., tells us he has also had trouble deleting his own accounts.

"We had a number of Facebook accounts and pages," Harold writes. "Over the past several months we were partially shut down so we could not do various things on a number of occasions on these accounts."

Harold decided to get rid of all the accounts and says he was able to delete all them -- except for one.

"They have us blocked so that we can not access this account, to delete the account," he wrote. "We have so far sent nine emails to Facebook, to three separate email addresses. We have received three general, useless information emails in return. We have called a phone number, and have tried several of the extensions, which all say the same thing. Facebook does not have any live telephone support."

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Cassie Wilkerson

This is BS. know for a fact that Facebook unlike other social media - is the only one with a digital death enactment account clause (reason Iraq & Afghan wars many fallen soldiers FB pages). The parents must provide Facebook with a legal claim as an administrator of accounts upon the deceased. It's best filing with an licensed attorney or Law enforcement. The reason Face Book didn't comply like any IT industry we are faced with false allegations per say others using us to commit identity fraud or they have a right to protect privacy and since this is a minors account well hello! You get this securing, death certificate, verify ID, proving legal right right by direct relations to court clerks office in your local courts jurisdiction the certificate gives you legal right close the deceased account per law (bank accounts, access insurance and etc). You must utilize, law and per understanding - someone knowing the victim may be using the account if they know his password or worse opened the account using knowledge of prior information- it happens it can be an operation account and not the deceased. If accounts are false face book does delete them. The best advice: hire an attorney specializing in closing accounts of the deceased - with a background (IT corporate business) they can could have turned over the issue in under 72 hours the police too with a death certificate and valid inquire of investigation could have done the same in under 72 hours! I'm little upset that the parents must be tormented as this issue could have been much better facilitated. Yes, it can be done I'm not law enforcement or an attorney but did so helping two friends widowed of fallen Soldiers!