Categories
Death + Technology Death + the Law Death + the Web

Day 19: Digital Death Bill Marches Onward

Uniform Fiduciary Access to Digital Assets Act Approved
A new act approved today by a national law group provides comprehensive provisions governing access to digital assets. The Uniform Fiduciary Access to Digital Assets Act (UFADAA) was approved by the Uniform Law Commission (ULC) at its 123rd Annual Meeting in Seattle
Uniform Law Commission Press Release (July 16, 2014)

The Death Reference Desk has been so busy this week with all things assisted dying that we missed an important development in the digital death world.

Earlier this week, the Uniform Law Commission approved a new model law that allows access to digital assets, i.e., photos, documents, social media accounts, etc., by a person other than the original owner if an executor is named.

The ULC develops proposed legislation for potential use by all 50 US States. This particular bill is important for anyone thinking about who or whom will have access to your digital files, assets, properties, e-mails, photos, etc., after you die.

We’ve only got the press release to work from right now, which isn’t ideal, but there will more to come about the ULC’s approval.

The approved bill is summed up this way:

In the modern world, digital assets have largely replaced tangible ones. Documents are stored in electronic files rather than in file cabinets. Photographs are uploaded to web sites rather than printed on paper. However, the laws governing fiduciary access to these digital assets are in need of an update.

 

The Uniform Fiduciary Access to Digital Assets Act [UFADAA] solves the problem using the concept of “media neutrality.” If a fiduciary would have access to a tangible asset, that fiduciary will also have access to a similar type of digital asset. UFADAA governs four common types of fiduciaries: personal representatives of a deceased person’s estate; guardians or conservators of a protected person’s estate; agents under a power of attorney; and trustees.

But don’t worry, if you want to hide embarrassing e-mail messages or make sure that no one knows about your online shenanigans (we’re not judging) then this proposed legislation covers those situations too.

Just remember: if you don’t want the kids to know about it, then don’t do it online.

You can read the bill here.

Unless, of course, we’re all just living in a digital simulation.

Categories
Death + the Law Death Ethics

Day 18: The House of Lords Approves Assisted Dying Bill for Committee Review

Assisted Dying Bill [HL] 2014-15
Private Members’ Bill (Starting in the House of Lords)
Sponsor: Lord Falconer of Thoroton (July 18, 2014)

It’s an over used expression, but today was an historic day in the UK’s House of Lords.

After 9 hours and 43 minutes of debate, 133 speakers (although I’ve seen the number pegged at 129), and a deluge of extremely well spoken 4 minute speeches, the House of Lords approved Lord Falconer’s Assisted Dying bill for Committee review.

The graphic at the top of the page shows where Falconer’s bill now stands, in the Committee Stage. You can also download the bill and read it in full here.

It’s hard to tell whether or not the assisted dying bill will make it out of committee and onto further debate and voting, but I’m going guess no.

The popular support for an assisted dying law remains strong in the UK (around 75%-80%) but the political will in both houses of Parliament is low.

You can read the Death Reference Desk’s complete coverage of Assisted Dying issues over the last five years here.

The Guardian also ran a really interesting infographic piece today on the numbers of people who use assisted dying laws where it’s legal to do so.

Here is a link to the House of Lords video from today’s debate. I’ve also embedded the entire debate below.

It was thrilling and exhausting to watch today’s debate. I commend all of the speakers for their professionalism and delivery. More than a few times I wondered if this kind of respectful discussion could ever occur in the US Senate.

Per usual, the Death Reference Desk will keep the updates coming.

Categories
Death + the Law Death Ethics

Day 17: Moral Maze Radio Programme on Assisted Dying

Moral Maze: Assisted Dying
BBC Radio 4 (July 16, 2014)

The Moral Maze programme on BBC radio is a long-running show dedicated to debating and understanding complicated issues.

Yesterday’s guests heatedly discussed assisted dying, suicide, euthanasia, human autonomy, the sanctitity of life, the list goes on and on.

Well worth gving a listen before Friday’s debate in the House of Lords on the assisted dying bill for England and Wales.

Here the programme’s description:

The issue of assisted dying is the moral discussion of our age and the latest effort to get it legalised comes before the House of Lords this week. The debate has been given new energy by the intervention of two former Anglican archbishops, Desmond Tutu and George Carey, who’ve now come out in support of the right of terminally ill people to end their lives – flying the face of the teaching of their church. There are a plethora of moral principles at stake and at the heart of them, which all sides acknowledge, the terrible suffering that some people go through at the end of their lives. What are the moral, ethical, philosophical and religious principles at stake in this debate? What happens when two moral principles collide and both sides could be right? What moral calculus can you apply to decide how to choose between right and wrong?

Featured speakers include Dr. Iain Brassington, Dr. Kevin Yuill, Professor Raymond Tallis and Professor Margaret Somerville.

Categories
Death + the Law Death Ethics

Day 16: UK Prime Minister David Cameron Answers Assisted Dying Question

David Cameron ‘not convinced’ over assisted dying bill
PM speaks of worry about legalising euthanasia, but says he would be very happy for Commons to debate issue
Rowena Mason and Agencies, The Guardian (July 16, 2014)

Today saw another interesting development in the lead up to Friday’s debate on assisted dying in the UK’s House of Lords.

Prime Minister David Cameron was asked about the upcoming debate during the weekly Prime Minister’s Questions (PMQs). The Prime Minister is asked everything and anything by members of parliament during the PMQs and, in theory, has to quickly formulate some kind of response.

His answer to the assisted dying question was intriguing. He made it clear that he thought the debate should move forward but that he personally didn’t support a change to the law.

He used the word ‘euthanasia’ in his response, which is a key word choice. The House of Lords is debating an assisted dying law, not a euthanasia law. Assisted dying laws usually mean a person is given a lethal dose of a drug and then that person has to physically administer and ingest the drug in order to die. Euthanasia occurs when one person puts another person to death, i.e., person A injects person B with a drug so that person B will die.

The words make a significant legal difference for any kind of death with dignity law.

You can watch video of the entire (relatively short) exchange starting at 28:20.

I also suggest watching the faces and reactions of the other MPs. It seems that right now many MPs would rather debate anything other than a law on assisted dying. This could change after Friday.

Categories
Death + the Law Death Ethics

Day 15: New Developments in the UK Assisted Dying Debate

Assisted dying: leading doctors call on Lords to back legalisation
Twenty-seven leading figures write to every peer urging them to back Lord Falconer’s private members bill on assisted dying
Denis Campbell and Dominic Smith, The Guardian (July 15, 2014)

 

Church of England split over assisted dying as debate looms
Consensus on women bishops set aside as Lords examine Falconer’s bill, after support from Desmond Tutu and Lord Carey
Andrew Brown, The Guardian (July 15, 2014)

Yesterday’s 31 Days of Death post focused on the upcoming UK House of Lords debate on legalising assisted dying in England and Wales.

This entire week might become about Friday’s debate, so I’m turning today’s post into an update.

Two interesting developments.

A group of 27 medical authorities wrote letters to every House of Lord’s member encouraging them to support the proposed bill. This kind of letter writing campaign has happened before but this time it’s part of a larger shift in which slowly but surely religious leaders who support a change to the law are now speaking out. I focused on religion, in particular, yesterday.

The religious debate brings me to the second of today’s articles. The Church of England currently finds itself in a debate that I’m not entirely sure it expected before Friday’s debate. Before the week is out, I think that more Anglican supporters of assisted dying might make their support known. As I said yesterday, this theology discussion is extremely important to have in order to facilitate as a discussion about religious beliefs.

On the upside for the Church of England: women can now be Bishops, so at least that’s something.

Categories
Death + the Law Death Ethics

Day 14: Important Week for Assisted Dying in England and Wales

Religious activists have too much say over our right to die
The question of assisted dying needs to be discussed rationally and not held to ransom by minority zealots
Catherine Bennett, The Observer (July 05, 2014)

 

Former archbishop lends his support to campaign to legalise right to die
Carey says assisted dying proposal is way of preventing ‘needless suffering’ and helping terminally ill ‘not anti-Christian’
Nicholas Watt, The Guardian (July 12, 2014)

 

Church of England seeks inquiry over bill to legalise assisted dying
Bishop of Carlisle says church was ‘surprised’ by former archibishop’s support for Falconer Bill
Nicholas Watt and Shane Hickey, The Guardian (July 12, 2014)

 

Why I’m in favour of assisted dying
I have spent my life working for dignity for the living. Now I wish to apply my mind to dignity for the dying
Desmond Tutu, The Observer (July 13, 2014)

 

Assisted dying: change the law so that the terminally ill die with dignity
If the assisted dying bill becomes law, it will put an end to prolonged suffering
Observer Editorial, The Observer (July 12, 2014)

 

Parliament turns back to the question of assisted dying
The House of Lords is to debate Lord Falconer’s bill aimed at clarifying the law on the right to end one’s life
Daniel Boffey, The Observer (July 13, 2014)

 

Assisted dying has been legal in Oregon since 1997, but it remains surrounded by taboos
One woman described her husband’s death as ‘beautiful’, but many still believe it is morally wrong
Andrew Gumbel, The Observer (July 12, 2014)

 

Assisted dying bill must not stall in Lords, urges former lord chancellor
Lord Falconer of Thoroton calls on supporters to vote down any attempt to pass wrecking amendment on sensitive issue
Nicholas Watt, The Guardian (July 13, 2014)

This is an important week for Assisted Dying in England and Wales.

A bill brought forward in the House of Lords by Lord Faloner, and modeled on the Death with Dignity Act in Oregon will be debated this coming Friday, July 18, 2014.

The backstory on this proposed law is long and arduous. It’s also something that Death Ref has been closely following since 2009.

You can catch up on those stories with the Assisted Dying and Death with Dignity tags. You can also look through the Death + the Law category

What is most interesting about the upcoming debate is the sudden inclusion of religion into the discussion, and by individuals who support the bill based on religious beliefs. The articles at the top on former Church of England Archbishop Carey and the personal essay by Desmond Tutu threw significant theological weight behind support for the assisted dying bill.

One of the major differences between the US and UK when discussing assisted dying is the role of religion. In the US, I know quite quickly if a person opposes assisted dying for religious reasons. Interestingly enough, a number of libertarian leaning US Conservatives strongly support assisted dying, but it’s the fundamentalist Christian Conservative community that most vocally opposes it.

In the UK, the theological reasons aren’t that obvious even though religious beliefs often inform how a person thinks. The very first op/ed column by Catherine Bennett highlights how some UK Christian groups that oppose assisted dying make a point of setting aside their theological language in the hopes of not alienating non-religious (or Christian) people.

It’s important to know and understand if an individual is opposed to assisted dying for religious reasons so that you can then have a discussion about theology. Otherwise the discussion is about the law, which is a secular, human invention. The statements of support by former Archbishops Carey and Tutu have made that necessary theological conversation possible.

I’m not entirely sure what will happen this week but the Death Reference Desk will follow the events and post updates.

Categories
Death + Crime Death + Technology Death + the Law

Day 13: Online Volunteers Who Identify Unidentified Human Remains

Online Supersleuths
There’s an estimated 40,000 unidentified human remains in the United States. When writer Deborah Halber heard this figure, she did some research and discovered a thriving community of internet sleuths who spend hours trying to attach names to these John and Jane Does.
Brooke Gladstone, On the Media (July 12, 2014)

WNYC’s radio programme, On the Media, has been an invaluable resource for the Death Reference Desk these past five years. I never created an ‘On the Media’ tag, but I know that I’ve used its shows a number of times.

This week is a great example of the stories that OTM runs. Brooke Gladstone interviews Deborah Halber about her book Skeleton Crew: How Amateur Sleuths Are Solving America’s Coldest Cases and the volunteers who work on unsolved and cold cases involving unidentified human remains.

I have to imagine that some of Death Ref’s regulars, particularly the librarians, might already know about this online crime solving.

Feel free to send the Death Reference Desk examples of cases that were helped and/or solved through online volunteers.

You can listen to the interview here:

Categories
Death + Popular Culture Death + the Law

Day 12: Posthumous US Citizenship Granted to Dead People

The Art of Getting American Citizenship After You’re Dead
Only seven people ever have.
Jim Festante, Slate (July 12, 2014)

Chalk this one up to Only in America:

Florida Republicans want to show they’re serious about immigration reform by giving honorary citizenship to a Spanish-speaking patriot … who’s been dead for some 200 years.

I’m not exactly sure how the logic works here but it is interesting to learn that Winston Churchill, Mother Teresa, and the Marquis de Lafayette are some of the other dead people awarded posthumous US citizenship.

WHO KNEW.

The whole situation reminded me of a 2009 Death Ref post on posthumous marriages in France.

Roll video.

Categories
Death + Popular Culture Grief + Mourning

Day 11: Planet of the Apes Grieving for Their Ape Kind Dead

Want to Understand Mortality? Look to the Chimps
Maggie Koerth-Baker, New York Times Magazine (June 25, 2013)

Today is the release date for the new Planet of the Apes movie, Dawn of the Planet of the Apes.

We’ll set aside all the timeline problems and alternative universes this specific reboot created. And no one should ever speak again of Tim Burton’s terrible remake.

What everyone should be discussing is how apes grieve for their dead. The New York Times Magazine ran an article in June 2013 on this topic. The Death Reference Desk has also written about Chimpanzees and grief before, in 2010 and 2009.

You can also read more generally about animals and death here.

Whenever we Humans start discussing our primate cousins and grieving, we run the risk of going on an anthropomorphising rampage. That said, it’s clear that our Great Ape relatives could teach us a few things about understanding mortality and the finality of time.

Categories
Grief + Mourning

Day 10: When People Die from Broken Hearts

Can You Die From a Broken Heart?
What happens to our bodies when the bonds of love are breached.
Kirsten Weir, Nautilus (July 10, 2014)

Death by broken heart. It’s the worst.

I wish I knew how to quit you!

We also recommend checking out Nautilus, which is good Science and Culture publication.

Categories
Death + Art / Architecture Death + Technology

Day 9: Tick-Tock Goes This Mortal Coil’s Clock

Nothing Focuses The Mind Like The Ultimate Deadline: Death
A Swedish inventor came up with a wristwatch that counts down the seconds left in your life. He calls it “the happiness watch” because he thinks living with the reality of one’s mortality can enhance how we value our lives.
Lulu Miller, National Public Radio (December 31, 2013)

At the very end of last year, National Public Radio ran a story by Lulu Miller about a watch that can ‘predict’ when you’re going to die.

It’s a clever invention that is obviously geared towards cultivating conversations about death and dying as opposed to locking-in a termination date.

I’m not sure that you need a watch to get those discussions rolling, but I’m open to all possibilities.

The wonder of producing the 31 Days of Death is that it’s possible to pull stories from the files that never made it to the Death Reference Desk for numerous reasons.

Give the story a listen. It’s time well spent.

Categories
Death + Humor Death + Popular Culture

Day 8: Hot Dog Eating Contests Can Kill You (in South Dakota)

South Dakota man dies after choking during hot-dog eating contest
Walter Eagle Tail, 47, died at a hospital on Thursday after attempts to save him at the scene failed, police said
Associated Press (July 8, 2014)

I was writing a verbose and longish post about radical life extension today but then this story about a man dying during a hot dog eating contest popped up and, well, living to 500 can wait.

I’m inclined to say that this is a mid-year entry into the annual Darwin Awards but it sounds like the gentleman who died was a decent guy. He just had some bad luck.

Out of curiosity, I started poking around the internet to see what kind of safety warnings accompanied eating contests and, lo, I was not disappointed. This WebMD article, helpfully titled Competitive Eating: How Safe Is It?, covers all the bases. Then this Time article called Here’s What Competitive Eating Does to Your Body really goes in-depth on what these contests do to your innards and made me never want to eat food again.

And while this specific story is certainly tragic, it did remind me of the hot dog eating scene in the movie Meatballs.