Yahoo refuses to realease dead Marines E-mail

[hrscowboy]

yep cook i have to agree with you on this one my brother...

[Eaglestrikes]

The family has a Power of Attorney. There is implcation there that is quite clear. He wanted them to have that acess.
That is his decision and one his family is free to interpet.
Yes. We did do that in Nam. I never held with it, but that was Military Regulation.
What's in Yahoo has nothing to do with the Military. I imagine that his family is well aware of his warts.
Mine were. I was reported dead twice. Even got in the paper.
My dad went through my things but only to see what I had.
He knew a official visit was pending. When it never arrived he knew what had happened.
(Lot's of people with the same name over there, some did not make it back. One was a distant cousin.)
Never had any problems and nothing was ever said.
My family knew me.
We can carry this "let's protect" business out to an infinite distance and never draw a line.
This is family business not military.
Let them have the E-Mails.
I supect if they were strong enough to let him go in and support him they are strong enough to handle the freight.
Yahoo is wrong!

[femalemarine_89]

Now I see Cooks opinion.. I have to say that the way that he is stating it makes alot of sence.. I have to actually agree with what he has said and how he said it.. I actually have given my husband my password to my accounts so no matter what happens he can see.. Heck I never have anything in there that he cant see so there is no reason not to give him the password. Heck I even have the password to his accounts so I guess you can say if there is nothing to hide then there would not have been anything wrong with him giving them the access.. I guess you can say there are parts that i am skeptical about.

[Eaglestrikes]

so I guess you can say if there is nothing to hide then there would not have been anything wrong with him giving them the access

We can never know what was in his mind. We can only guess. I say again. It is his family's right to interpet his desires, and they do that based on knowing him, and his giving them a POA.
As a young man he probably thought he would live forever.
I did as a youth in Nam. So did others. I protected my privacy based on that presumtion, not because I did not want my parents to know anything. Had I died I would have had no problems with everything being given to my parents.
I say if he gave them a POA he was indicating his desires. Now it is up to the family.As to Yahoo and their TOS, it works when it is convient for them and does not when it is inconvienent. Also the TOS is subject to legal interpertation just like all other agreements. I am not going to think less or more of them if they surrender the E-Mails up.
I don't like them anyway.

[Sparrowhawk]

The individual he received emails from.

Did they give up their rights to privacy to his parents to read what they shared with him, because they have power of attorney?

Did those individuals want their emails to him shared with others?Or with his family members?

If they did, then they can provide that information from their own sources.

[Eaglestrikes]

You bring forth legal justifications.
That particular matter would be Civil. That would be up to the people that sent the E.Mail.
Courts have held that E-mail, much like any other item, once delivered belongs to the recipient.
Those who sent e-Mails are free to put in their two cents worth.
There is a presumption here I find disturbing. Why do we presume there is anything that that should not be seen?
Again. I say this is a Family matter and I support the Family. Would I have different feelings about it were my son, (yes I have one the right age)?
I would discuss it with him, which is what may have happened with this son and his family, then make my decision based on that conversation and my own feelings at the time.
Yahoo is wrong. The POA is the deciding instrument. That also is Law, is it not?

[bigwalt]

Update: WIXOM, Mich. -- Officials for the Internet company Yahoo! have taken action to preserve the e-mail account of a Michigan Marine killed in Iraq.


E-MAIL PRIVACY
Should Family Have Access To E-Mail?
Read Yahoo! Privacy Policy




Lance Corp. Justin Ellsworth's father is in a legal battle over access to Justin's Yahoo! e-mail account.

John Ellsworth pleaded with Yahoo! to give him access to his son's account. He wants to fulfill the family's wish of knowing Justin's last words, photographs and thoughts from Iraq.

The family's request was denied. Yahoo! says releasing those messages will violate the privacy rights of the deceased, but it is working with the family on a solution.

Meanwhile, Ellsworth's family has learned that the young Marine was awarded a Bronze Star.