H1968 — An Act relative to access to a decedent's electronic mail accounts

Summary

An Act relative to access to a decedent's electronic mail accounts

Bill Text

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The bill establishes the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act, creating a framework for fiduciaries to access digital assets of users.

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  CHAPTER 201G. MASSACHUSETTS REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT.

  This adds a new chapter specifically addressing fiduciary access to digital assets.

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  Definitions ranging from "Account" to "Will" and their associated meanings

  This introduces numerous definitions relevant to digital assets and fiduciary roles.

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  (a) This chapter applies to a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter;...

  This specifies the applicability of the chapter to various types of fiduciaries and circumstances.

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  A user may use an online tool to direct the custodian to disclose or not to disclose some or all of the user’s digital assets...

  This allows users to dictate how their digital assets are managed after their death.

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  If the online tool has not been utilized by the user...the fiduciary may petition a court for access to some or all of the user’s digital assets.

  This provides an avenue for fiduciaries to access digital assets if no direction has been given by the user.

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  This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.

  This clarifies that existing terms of service still hold precedence unless overridden by this chapter.

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  When disclosing digital assets of a user under this chapter, the custodian shall...

  This outlines the procedures custodians must follow when disclosing digital assets.

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  If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user...

  This allows personal representatives access to the digital communications of deceased users under specific conditions.

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  Unless the deceased user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user...

  This mandates disclosure of digital assets to personal representatives unless explicitly prohibited by the deceased.

Sponsors

• Jeffrey N. Roy · Primary

Subjects