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In my studies about internet law I developed a thesis about the possibility of digital will trough the internet. The resistense is enormous but it is very possible, because primarily legislation didn't prohibit. And it is a issue that is very important to internet governance because involves many aspects, and at the end go directly to the human and personality rights.
Indeed the will is a unilateral juridical transaction natural to the declaring party, cannot be authorized to other under penalty of cancellation regardless of the fact of jurists being consulted for the elaboration of opinions, or assist the notary public to prepare the wordings of the Will certificate .
The problem is noted mainly in the ambit of unavailable rights, especially personality rights of the testator, which lack specific protection.
The country’s legislation needs elements dedicated to the testator that makes a digital will, in addition to the one given digital certification.
In the entire history of Law, we noted that it accompanies the transformations experienced by society and will not fail now, requiring but the mere interpretation, reorganization of already existing norms, adapting to the new Technologies, protecting the testators in respect to their personality.
How to protect, or better, guarantee the testator against the abuses of what is referred to as “information technology power”.
The login/password system today is flawed and ineffective , especially in terms of rights unavailable to testator.
Thus, with no adequate protection of the law, the testators will see their data violated by strangers, surprised and perplexed even, asking themselves how the data was obtained the stranger on his or her private and intimate life.
In this wake, the issues relevant to a proper legal protection for the digital production of wills that will generate valid legal effect, we propose the establishment of the following guidelines: a) reliable identification of those agents that will participate in the will; b) the probity of the communications that will probably be made; c) legal support that prevents interception and unauthorized access by the testator; d) protect against disclosure of the contents of the will where the information must be kept under strict secrecy, and) the impossibility of repudiation of expression of will made in the virtual media.
All in all the best solution for now, with the technologies we have in our hands, disposable, the digital signature is the best way to protect the testator will.