senate Bill S6532

Authorizes the fiduciary of a decedent to take control of certain web site accounts of the decedent

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Feb / 2014
    • REFERRED TO JUDICIARY

Summary

Authorizes the fiduciary of a decedent to take control of certain web site accounts of the decedent.

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Bill Details

See Assembly Version of this Bill:
A6034
Versions:
S6532
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd ยง11-1.1, EPT L
Versions Introduced in 2011-2012 Legislative Cycle:
S6629, A9317

Sponsor Memo

BILL NUMBER:S6532

TITLE OF BILL: An act to amend the estates, powers and trusts law, in
relation to authorizing the fiduciary of a decedent to take control of
certain web site accounts of the decedent

SUMMARY OF PROVISIONS:

Section 1. Paragraph (b) of section 11-1.1 of the estates, powers and
trusts law is amended by adding a new subparagraph 23 to read as
follow: "unless expressly prohibited by the will or court order, to
take control of, conduct, continue or terminate any account of the
decedent on any social networking web site, microblogging or short
message service web site or email service website."

PURPOSE AND JUSTIFICATION: This legislation will allow an individual
to designate a loved one or a family member the authority to terminate
a social media account and other messaging accounts after an
individual's death. Many advocates believe that continuing to preserve
the online presence of the deceased individual could be painful for
loved ones. Additionally, it is likely that individuals who are close
to the deceased will feel grief and pain when being reminded of their
loss.

This legislation allows for an individual to assign a representative
to control or terminate their online accounts. Critics suggest that
many online users may not feel comfortable disclosing their personal
information. However, this legislation does not make it mandatory to
designate a person if they choose not to. It is equally important to
be able to protect the privacy of the deceased. It is crucial to
acknowledge the implications if someone were to abuse the account.
For example, after the death of two young girls in Australia,
thousands of people visited their face-book accounts leaving many
negative comments and images. This could further contribute to the
emotional damage of the friends and family. Additionally, emails and
blogs are prone to hackers who may be able to obtain personal
information from a deceased individuals account. This new legislation
allows for these current issues to be addressed.

LEGISLATIVE HISTORY: 2013 - S.2429 Referred to Judiciary 2012 -
S.6629 Referred to Judiciary

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6532

                            I N  S E N A T E

                            February 4, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
  authorizing the fiduciary of a decedent to take control of certain web
  site accounts of the decedent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of section 11-1.1 of the estates, powers  and
trusts  law  is  amended  by  adding  a  new  subparagraph 23 to read as
follows:
  (23) UNLESS EXPRESSLY PROHIBITED BY THE WILL OR COURT ORDER,  TO  TAKE
CONTROL  OF,  CONDUCT, CONTINUE OR TERMINATE ANY ACCOUNT OF THE DECEDENT
ON ANY SOCIAL  NETWORKING  WEB  SITE,  MICROBLOGGING  OR  SHORT  MESSAGE
SERVICE WEB SITE OR EMAIL SERVICE WEB SITE.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06756-01-3

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