Bill Text: NY A08851 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to the power of the fiduciary to access electronic mail and electronic information storage accounts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-03 - print number 8851a [A08851 Detail]

Download: New_York-2013-A08851-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8851
                                 I N  A S S E M B L Y
                                   February 25, 2014
                                      ___________
       Introduced by M. of A. HEVESI -- read once and referred to the Committee
         on Judiciary
       AN  ACT  to amend the estates, powers and trusts law, in relation to the
         power of the fiduciary to access electronic mail and electronic infor-
         mation storage accounts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The estates, powers and trusts law is amended by adding a
    2  new section 11-1.12 to read as follows:
    3  S 11-1.12 POWER OF THE FIDUCIARY TO ACCESS ELECTRONIC MAIL AND ELECTRON-
    4              IC INFORMATION STORAGE ACCOUNTS
    5    (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE EXECUTOR OR ADMIN-
    6  ISTRATOR OF THE ESTATE OF A DECEASED PERSON WHO WAS  DOMICILED  IN  THIS
    7  STATE AT THE TIME OF HIS OR HER DEATH IS AUTHORIZED TO REQUEST ACCESS TO
    8  OR COPIES OF THE CONTENTS OF THE DECEDENT'S ELECTRONIC MAIL ACCOUNTS AND
    9  INFORMATION    STORAGE  ACCOUNTS  FOR  THE PURPOSES OF (1) ACCESSING THE
   10  ELECTRONIC MAIL AND INFORMATION STORED IN SUCH ACCOUNTS; AND (2) CLOSING
   11  SUCH ACCOUNTS; PROVIDED THAT SUCH ACCOUNTS SHALL BE CLOSED WITHIN  SIXTY
   12  DAYS  OF  THE  DATE  ACCESS TO SUCH ACCOUNTS IS GRANTED OR COPIES OF THE
   13  CONTENTS OF SUCH ACCOUNTS ARE PROVIDED TO THE EXECUTOR OR ADMINISTRATOR;
   14  AND PROVIDED FURTHER THAT AN EXECUTOR OR ADMINISTRATOR  WHO  IS  GRANTED
   15  ACCESS  TO SUCH ACCOUNTS SHALL USE THE ACCOUNTS TO DOWNLOAD THE INFORMA-
   16  TION CONTAINED IN SUCH ACCOUNTS AND TO PROVIDE NOTICE TO  THIRD  PARTIES
   17  THAT THE ACCOUNT HOLDER IS DECEASED.
   18    (B) AN ELECTRONIC MAIL SERVICE PROVIDER OR INFORMATION STORAGE SERVICE
   19  PROVIDER  WHO  HAS  RECEIVED  FROM  THE EXECUTOR OR ADMINISTRATOR OF THE
   20  ESTATE OF A DECEASED PERSON WHO WAS DOMICILED IN THIS STATE AT THE  TIME
   21  OF HIS OR HER DEATH A REQUEST FOR ACCESS TO OR COPIES OF THE CONTENTS OF
   22  THE  DECEDENT'S  ACCOUNT ACCOMPANIED BY EITHER (1) A WRITTEN REQUEST FOR
   23  ACCESS OR COPIES MADE BY SUCH EXECUTOR OR ADMINISTRATOR, ACCOMPANIED  BY
   24  A  COPY OF THE DEATH CERTIFICATE AND A CERTIFIED COPY OF THE CERTIFICATE
   25  OF APPOINTMENT AS EXECUTOR OR ADMINISTRATOR; OR  (2)  AN  ORDER  OF  THE
   26  COURT HAVING JURISDICTION OF THE ESTATE OF SUCH DECEASED PERSON ORDERING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13193-01-3
       A. 8851                             2
    1  ACCESS  OR  COPIES OF THE ACCOUNT INFORMATION SHALL GRANT SUCH ACCESS OR
    2  PROVIDE SUCH COPIES WITHIN THIRTY DAYS OF SUCH REQUEST.
    3    (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL MEAN:
    4    (1)  "ELECTRONIC  MAIL ACCOUNT" MEANS: (A) ALL ELECTRONIC MAIL SENT OR
    5  RECEIVED BY AN END-USER OF ELECTRONIC MAIL SERVICES PROVIDED BY AN ELEC-
    6  TRONIC MAIL SERVICE PROVIDER THAT IS STORED OR RECORDED  BY  SUCH  ELEC-
    7  TRONIC  MAIL  SERVICE  PROVIDER  IN THE REGULAR COURSE OF PROVIDING SUCH
    8  SERVICES; AND (B) ANY OTHER ELECTRONIC INFORMATION STORED OR RECORDED BY
    9  SUCH ELECTRONIC MAIL SERVICE PROVIDER THAT IS DIRECTLY  RELATED  TO  THE
   10  ELECTRONIC  MAIL  SERVICES  PROVIDED TO SUCH END-USER BY SUCH ELECTRONIC
   11  MAIL SERVICE PROVIDER,  INCLUDING,  BUT  NOT  LIMITED  TO,  BILLING  AND
   12  PAYMENT INFORMATION.
   13    (2)  "ELECTRONIC MAIL SERVICE PROVIDER" MEANS ANY PERSON WHO (A) IS AN
   14  INTERMEDIARY IN SENDING OR RECEIVING ELECTRONIC MAIL, AND  (B)  PROVIDES
   15  TO  END-USERS OF ELECTRONIC MAIL SERVICES THE ABILITY TO SEND OR RECEIVE
   16  ELECTRONIC MAIL.
   17    (3) "INFORMATION STORAGE  ACCOUNT"  MEANS  ANY  ACCOUNT  HELD  IN  THE
   18  DECEDENT'S  NAME  THAT  WAS  USED  TO  ELECTRONICALLY  STORE  DOCUMENTS,
   19  PICTURES, INFORMATION, AND ELECTRONIC FILES, REGARDLESS OF  WHETHER  THE
   20  DOCUMENTS, PICTURES, INFORMATION AND ELECTRONIC FILES WERE STORED BY THE
   21  DECEDENT.
   22    (4)  "INFORMATION  STORAGE  SERVICE  PROVIDER"  MEANS  ANY  PERSON WHO
   23  PROVIDES USERS WITH THE ABILITY TO STORE DOCUMENTS,  PICTURES,  INFORMA-
   24  TION, AND ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO CLOUD STORAGE,
   25  SOCIAL NETWORKING WEBSITES, AND PHOTO SHARING WEBSITES.
   26    (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN ELECTRON-
   27  IC  MAIL  SERVICE  PROVIDER  OR  INFORMATION STORAGE SERVICE PROVIDER TO
   28  PROVIDE ACCESS TO ANY ACCOUNT OR TO DISCLOSE ANY INFORMATION:
   29    (1) IN VIOLATION OF ANY APPLICABLE FEDERAL LAW; OR
   30    (2) TO WHICH THE DECEASED PERSON WOULD NOT HAVE BEEN PERMITTED  ACCESS
   31  IN  THE  ORDINARY  COURSE  OF  BUSINESS  BY  THE ELECTRONIC MAIL SERVICE
   32  PROVIDER OR INFORMATION STORAGE SERVICE PROVIDER.
   33    S 2. This act shall take effect immediately.