Draft
Model Fiduciary Access to Digital Assets Act
Model Fiduciary Access to Digital Assets Act
Section 1. {Title} This Act may be cited as the “Fiduciary Access to Digital Assets Act.”
Section 2. {General Rule}
Access to decedents’ electronic communications. – An electronic communication service or remote computing service as defined in the Electronic Communications Privacy Act, 18 U.S.C. 2510, 2711 may provide, to the executor or administrator of the estate of a deceased person who was domiciled in this state at the time of his or her death, access to or copies of the contents of the electronic communications of such deceased person upon receipt by the electronic communication service or remote computing service of:
(1) A written request for such access or copies made by such executor or administrator, accompanied by a copy of the death certificate and a certified copy of the certificate of appointment as executor and administrator; and
(2) An order of the court of probate that by law has jurisdiction of the estate of such deceased person, designating such executor or administrator as an agent for the subscriber, as defined in the Electronic Communications Privacy Act, 18 U.S.C. § 2701, on behalf of his/her estate, and ordering that the estate shall first indemnify the electronic communication service or remote computing service as defined in the Electronic Communications Privacy Act, 18 U.S.C. 2510, 2711 from all liability in complying with such order.
(3) Any provision of access or copies of electronic communication is subject to copyright and other law as well as any applicable and enforceable terms of service agreement.
Approved by the ALEC Board of Directors January 9, 2014.