What are the challenges facing digital assets that are different than traditional assets?

There are millions of internet-based accounts that belong to deceased individuals. Some internet service providers (ISPs) have explicit policies on what will happen when a person passes away, whereas others do not. Even when ISPs include their policies in the terms of service agreements, most consumers simply click through these agreements without much consideration. Historically, there are few laws that address the rights of fiduciaries over digital assets. Federal law, enacted more than three decades ago, imposes criminal penalties and potentially civil liability for the unauthorized access of computer hardware, devices, and stored data.