NY State Assembly Bill 2013-A8851A

Assembly Bill A8851A

2013-2014 Legislative Session

Relates to the power of the fiduciary to access electronic mail and electronic information storage accounts

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2014	print number 8851a
Jun 03, 2014	amend (t) and recommit to judiciary
Feb 25, 2014	referred to judiciary

Bill Amendments

Original

A (Active)

2013-A8851 - Details

See Senate Version of this Bill:: S6176
Current Committee:: Assembly Judiciary
Law Section:: Estates, Powers and Trusts Law
Laws Affected:: Amd §11-1.1, add §11-1.12, EPT L; add Art 10-C §§167 - 167-d, Gen Bus L

2013-A8851 - Summary

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

2013-A8851 - Bill Text download pdf

                            
                    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:

  Section  1.  The estates, powers and trusts law is amended by adding a
new section 11-1.12 to read as follows:
S 11-1.12 POWER OF THE FIDUCIARY TO ACCESS ELECTRONIC MAIL AND ELECTRON-
            IC INFORMATION STORAGE ACCOUNTS
  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE EXECUTOR OR ADMIN-
ISTRATOR OF THE ESTATE OF A DECEASED PERSON WHO WAS  DOMICILED  IN  THIS
STATE AT THE TIME OF HIS OR HER DEATH IS AUTHORIZED TO REQUEST ACCESS TO
OR COPIES OF THE CONTENTS OF THE DECEDENT'S ELECTRONIC MAIL ACCOUNTS AND
INFORMATION    STORAGE  ACCOUNTS  FOR  THE PURPOSES OF (1) ACCESSING THE
ELECTRONIC MAIL AND INFORMATION STORED IN SUCH ACCOUNTS; AND (2) CLOSING
SUCH ACCOUNTS; PROVIDED THAT SUCH ACCOUNTS SHALL BE CLOSED WITHIN  SIXTY
DAYS  OF  THE  DATE  ACCESS TO SUCH ACCOUNTS IS GRANTED OR COPIES OF THE
CONTENTS OF SUCH ACCOUNTS ARE PROVIDED TO THE EXECUTOR OR ADMINISTRATOR;
AND PROVIDED FURTHER THAT AN EXECUTOR OR ADMINISTRATOR  WHO  IS  GRANTED
ACCESS  TO SUCH ACCOUNTS SHALL USE THE ACCOUNTS TO DOWNLOAD THE INFORMA-
TION CONTAINED IN SUCH ACCOUNTS AND TO PROVIDE NOTICE TO  THIRD  PARTIES
THAT THE ACCOUNT HOLDER IS DECEASED.
  (B) AN ELECTRONIC MAIL SERVICE PROVIDER OR INFORMATION STORAGE SERVICE
PROVIDER  WHO  HAS  RECEIVED  FROM  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 A REQUEST FOR ACCESS TO OR COPIES OF THE CONTENTS OF
THE  DECEDENT'S  ACCOUNT ACCOMPANIED BY EITHER (1) A WRITTEN REQUEST FOR
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 OR ADMINISTRATOR; OR  (2)  AN  ORDER  OF  THE
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

ACCESS  OR  COPIES OF THE ACCOUNT INFORMATION SHALL GRANT SUCH ACCESS OR
PROVIDE SUCH COPIES WITHIN THIRTY DAYS OF SUCH REQUEST.
  (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (1)  "ELECTRONIC  MAIL ACCOUNT" MEANS: (A) ALL ELECTRONIC MAIL SENT OR
RECEIVED BY AN END-USER OF ELECTRONIC MAIL SERVICES PROVIDED BY AN ELEC-
TRONIC MAIL SERVICE PROVIDER THAT IS STORED OR RECORDED  BY  SUCH  ELEC-
TRONIC  MAIL  SERVICE  PROVIDER  IN THE REGULAR COURSE OF PROVIDING SUCH
SERVICES; AND (B) ANY OTHER ELECTRONIC INFORMATION STORED OR RECORDED BY
SUCH ELECTRONIC MAIL SERVICE PROVIDER THAT IS DIRECTLY  RELATED  TO  THE
ELECTRONIC  MAIL  SERVICES  PROVIDED TO SUCH END-USER BY SUCH ELECTRONIC
MAIL SERVICE PROVIDER,  INCLUDING,  BUT  NOT  LIMITED  TO,  BILLING  AND
PAYMENT INFORMATION.
  (2)  "ELECTRONIC MAIL SERVICE PROVIDER" MEANS ANY PERSON WHO (A) IS AN
INTERMEDIARY IN SENDING OR RECEIVING ELECTRONIC MAIL, AND  (B)  PROVIDES
TO  END-USERS OF ELECTRONIC MAIL SERVICES THE ABILITY TO SEND OR RECEIVE
ELECTRONIC MAIL.
  (3) "INFORMATION STORAGE  ACCOUNT"  MEANS  ANY  ACCOUNT  HELD  IN  THE
DECEDENT'S  NAME  THAT  WAS  USED  TO  ELECTRONICALLY  STORE  DOCUMENTS,
PICTURES, INFORMATION, AND ELECTRONIC FILES, REGARDLESS OF  WHETHER  THE
DOCUMENTS, PICTURES, INFORMATION AND ELECTRONIC FILES WERE STORED BY THE
DECEDENT.
  (4)  "INFORMATION  STORAGE  SERVICE  PROVIDER"  MEANS  ANY  PERSON WHO
PROVIDES USERS WITH THE ABILITY TO STORE DOCUMENTS,  PICTURES,  INFORMA-
TION, AND ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO CLOUD STORAGE,
SOCIAL NETWORKING WEBSITES, AND PHOTO SHARING WEBSITES.
  (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN ELECTRON-
IC  MAIL  SERVICE  PROVIDER  OR  INFORMATION STORAGE SERVICE PROVIDER TO
PROVIDE ACCESS TO ANY ACCOUNT OR TO DISCLOSE ANY INFORMATION:
  (1) IN VIOLATION OF ANY APPLICABLE FEDERAL LAW; OR
  (2) TO WHICH THE DECEASED PERSON WOULD NOT HAVE BEEN PERMITTED  ACCESS
IN  THE  ORDINARY  COURSE  OF  BUSINESS  BY  THE ELECTRONIC MAIL SERVICE
PROVIDER OR INFORMATION STORAGE SERVICE PROVIDER.
  S 2. This act shall take effect immediately.

2013-A8851A (ACTIVE) - Details

See Senate Version of this Bill:: S6176
Current Committee:: Assembly Judiciary
Law Section:: Estates, Powers and Trusts Law
Laws Affected:: Amd §11-1.1, add §11-1.12, EPT L; add Art 10-C §§167 - 167-d, Gen Bus L

2013-A8851A (ACTIVE) - Summary

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

2013-A8851A (ACTIVE) - Bill Text download pdf

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

                                 8851--A

                          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 -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the estates, powers and trusts law and the general busi-
  ness law, in relation to the power of the fiduciary  to  access  elec-
  tronic mail and electronic information storage accounts

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

  Section 1. Subparagraph 22 of paragraph (b) of section 11-1.1  of  the
estates, powers and trusts law, as renumbered by chapter 904 of the laws
of  1973,  is  renumbered  subparagraph  23 and a new subparagraph 22 is
added to read as follows:
  (22) TO REQUEST A  RECORD  OR  OTHER  INFORMATION  PERTAINING  TO  THE
DECEDENT'S  ELECTRONIC  MAIL ACCOUNT OR ELECTRONIC DATA STORAGE ACCOUNT,
AS SUCH TERMS ARE DEFINED IN SECTION 11-1.12 OF  THIS  PART,  WHEN  SUCH
REQUEST  IS  NECESSARY  OR  APPROPRIATE  FOR  THE  ADMINISTRATION OF THE
ESTATE. SUCH A REQUEST SHALL NOT INCLUDE THE CONTENTS OF ANY  ELECTRONIC
MAIL OR ELECTRONIC DATA OR ANY OTHER INFORMATION FOR WHICH DISCLOSURE IS
NOT AUTHORIZED PURSUANT TO FEDERAL LAW.
  S  2.  The  estates,  powers and trusts law is amended by adding a new
section 11-1.12 to read as follows:
S 11-1.12 LIMITED POWER OF EXECUTOR OR PERSONAL REPRESENTATIVE TO ACCESS
            THE CONTENTS OF ELECTRONIC MAIL AND ELECTRONIC DATA
  (A) AS USED IN THIS  SECTION,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "ELECTRONIC"  SHALL MEAN OF OR RELATING TO TECHNOLOGY HAVING ELEC-
TRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR  SIMI-
LAR CAPABILITIES.
  2.  "ELECTRONIC DATA" MEANS ANY DATA, IMAGES, PICTURES, SOUNDS, VIDEO,
OR WRITING PRODUCED OR STORED BY ELECTRONIC MEANS AND CAPABLE  OF  BEING
ACCURATELY  REPRODUCED  IN  FORMS PERCEPTIBLE BY HUMAN SENSORY CAPABILI-
TIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13193-03-4

A. 8851--A                          2

  3. "ELECTRONIC DATA STORAGE" SHALL MEAN THE STORAGE OF ELECTRONIC DATA
THAT IS TRANSMITTED BY A PERSON ON OR THROUGH THE INTERNET  FOR  STORAGE
ON A COMPUTER, COMPUTER NETWORK, OPTICAL DISC OR OTHER MEDIA.
  4.  "ELECTRONIC  DATA STORAGE SERVICE PROVIDER" SHALL MEAN A PERSON OR
ENTITY THAT PROVIDES USERS WITH ACCOUNTS TO WHICH ELECTRONIC DATA MAY BE
TRANSMITTED ON OR THROUGH THE INTERNET FOR STORAGE.
  5. "ELECTRONIC MAIL" MEANS ELECTRONIC DATA THAT  IS  TRANSMITTED  FROM
ONE  PERSON  TO  ANOTHER  ON  OR THROUGH THE INTERNET FOR THE PURPOSE OF
COMMUNICATION.
  6. "ELECTRONIC MAIL SERVICE PROVIDER" MEANS A PERSON  OR  ENTITY  THAT
PROVIDES  USERS WITH ACCOUNTS FROM WHICH ELECTRONIC MAIL MAY BE SENT AND
STORED, AND TO WHICH ELECTRONIC MAIL MAY BE RECEIVED AND STORED.
  (B) WHEN A DECEDENT HAS NOMINATED THE EXECUTOR OR  PERSONAL  REPRESEN-
TATIVE OF HIS OR HER ESTATE AS THE PERSON AUTHORIZED TO ACCESS ELECTRON-
IC  MAIL  OR  ELECTRONIC  DATA THAT IS STORED IN HIS OR HER ACCOUNT BY A
SERVICE PROVIDER, AS DESCRIBED IN SECTION ONE HUNDRED  SIXTY-SEVEN-A  OF
THE  GENERAL BUSINESS LAW, THE EXECUTOR OR PERSONAL REPRESENTATIVE SHALL
HAVE THE POWER TO  ACCESS  SUCH  ELECTRONIC  MAIL  OR  ELECTRONIC  DATA,
PROVIDED  THAT  THE  EXECUTOR  OR PERSONAL REPRESENTATIVE SHALL NOT HAVE
ACCESS TO ANY ELECTRONIC MAIL OR ELECTRONIC DATA FOR WHICH THE  DECEDENT
DID  NOT GRANT AUTHORIZATION TO ACCESS. ANY ORDER OF THE COURT REGARDING
SUCH ACCESS SHALL NOT EXCEED THE SCOPE OF THE  DECEDENT'S  AUTHORIZATION
AND  SHALL  ALSO ORDER THAT THE ESTATE SHALL FIRST INDEMNIFY THE SERVICE
PROVIDER FROM ALL LIABILITY IN COMPLYING WITH SUCH ORDER.
  (C) WHEN A DECEDENT HAS NOT AUTHORIZED THE EXECUTOR OR PERSONAL REPRE-
SENTATIVE'S ACCESS TO ANY ELECTRONIC MAIL OR ELECTRONIC DATA  STORED  IN
THE  DECEDENT'S  SERVICE  ACCOUNT  BECAUSE  THE SERVICE PROVIDER DID NOT
PROVIDE THE DECEDENT WITH THE ABILITY TO AUTHORIZE SUCH  ACCESS,  UNLESS
EXPRESSLY  PROHIBITED  IN  THE WILL OR OTHER INSTRUMENT, THE EXECUTOR OR
PERSONAL REPRESENTATIVE MAY PETITION THE COURT  FOR  AN  ORDER  GRANTING
ACCESS TO SUCH SERVICE ACCOUNTS FOR THE PURPOSE OF PROPER ADMINISTRATION
OF  THE  ESTATE.  ANY ORDER OF THE COURT GRANTING SUCH ACCESS SHALL ALSO
ORDER THAT THE ESTATE SHALL FIRST INDEMNIFY THE  SERVICE  PROVIDER  FROM
ALL LIABILITY IN COMPLYING WITH SUCH ORDER.
  S  3. The general business law is amended by adding a new article 10-C
to read as follows:

                              ARTICLE 10-C
          ELECTRONIC MAIL AND ELECTRONIC DATA STORAGE SERVICES

SECTION 167.   DEFINITIONS.
        167-A. ELECTRONIC MAIL ACCOUNTS AND  ELECTRONIC  DATA  ACCOUNTS;
                 CONSENT TO ACCESS AFTER DEATH.
        167-B. ELECTRONIC  MAIL  ACCOUNTS  AND  ELECTRONIC  DATA STORAGE
                 ACCOUNTS; ACCESS AFTER THE DEATH.
        167-C. ELECTRONIC MAIL  ACCOUNTS  AND  ELECTRONIC  DATA  STORAGE
                 ACCOUNTS; ACCOUNT TERMINATION UPON THE DEATH.
        167-D. CONSUMER EDUCATION.

  S 167. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1.  "ELECTRONIC"  SHALL MEAN OF OR RELATING TO TECHNOLOGY HAVING ELEC-
TRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR  SIMI-
LAR CAPABILITIES.
  2.  "ELECTRONIC DATA" MEANS ANY DATA, IMAGES, PICTURES, SOUNDS, VIDEO,
OR WRITING PRODUCED OR STORED BY ELECTRONIC MEANS AND CAPABLE  OF  BEING

A. 8851--A                          3

ACCURATELY  REPRODUCED  IN  FORMS PERCEPTIBLE BY HUMAN SENSORY CAPABILI-
TIES.
  3. "ELECTRONIC DATA STORAGE" SHALL MEAN THE STORAGE OF ELECTRONIC DATA
THAT  IS  TRANSMITTED BY A PERSON ON OR THROUGH THE INTERNET FOR STORAGE
ON A COMPUTER, COMPUTER NETWORK, OPTICAL DISC OR OTHER MEDIA.
  4. "ELECTRONIC DATA STORAGE SERVICE PROVIDER" SHALL MEAN A  PERSON  OR
ENTITY THAT PROVIDES USERS WITH ACCOUNTS TO WHICH ELECTRONIC DATA MAY BE
TRANSMITTED ON OR THROUGH THE INTERNET FOR STORAGE.
  5.  "ELECTRONIC  MAIL"  MEANS ELECTRONIC DATA THAT IS TRANSMITTED FROM
ONE PERSON TO ANOTHER ON OR THROUGH THE  INTERNET  FOR  THE  PURPOSE  OF
COMMUNICATION.
  6.  "ELECTRONIC  MAIL  SERVICE PROVIDER" MEANS A PERSON OR ENTITY THAT
PROVIDES USERS WITH ACCOUNTS FROM WHICH ELECTRONIC MAIL MAY BE SENT  AND
STORED, AND TO WHICH ELECTRONIC MAIL MAY BE RECEIVED AND STORED.
  7.  "NEW  YORK USER" MEANS A USER WHO ACKNOWLEDGES THAT HE OR SHE IS A
NEW YORK RESIDENT OR PROVIDES AN IN-STATE BILLING ADDRESS  OR  ZIP  CODE
WHEN  REGISTERING  WITH  THE ELECTRONIC DATA STORAGE SERVICE PROVIDER OR
THE ELECTRONIC MAIL SERVICE PROVIDER.
  8. "SERVICE ACCOUNT" SHALL MEAN AN ELECTRONIC MAIL SERVICE ACCOUNT AND
AN ELECTRONIC DATA STORAGE SERVICE ACCOUNT UNLESS THE CONTEXT REQUIRES A
DIFFERENT MEANING.
  9. "SERVICE PROVIDER" SHALL MEAN AN ELECTRONIC MAIL  SERVICE  PROVIDER
AND  AN  ELECTRONIC  DATA  STORAGE  SERVICE  PROVIDER UNLESS THE CONTEXT
REQUIRES A DIFFERENT MEANING.
  S 167-A.  ELECTRONIC  MAIL  ACCOUNTS  AND  ELECTRONIC  DATA  ACCOUNTS;
CONSENT  TO  ACCESS AFTER DEATH.   1. FOR ANY ELECTRONIC MAIL ACCOUNT OR
ELECTRONIC DATA STORAGE ACCOUNT OPENED AFTER DECEMBER THIRTY-FIRST,  TWO
THOUSAND  FOURTEEN,  THE  SERVICE PROVIDER SHALL PROVIDE A NEW YORK USER
WITH THE OPTION TO NOMINATE AN INDIVIDUAL WHO  SHALL  BE  AUTHORIZED  TO
ACCESS  SUCH  SERVICE ACCOUNT AFTER HIS OR HER DEATH. SUCH AUTHORIZATION
SHALL BE DEEMED TO BE THE NEW  YORK  USER'S  CONSENT  TO  THE  NOMINEE'S
ACCESS  OF THE CONTENTS OF ANY ELECTRONIC MAIL OR ELECTRONIC DATA STORED
IN SUCH SERVICE ACCOUNT UNLESS SUCH CONSENT AND AUTHORIZATION IS LIMITED
BY SUCH NEW YORK USER THROUGH THE USE OF A METHOD AUTHORIZED BY SUBDIVI-
SION THREE OF THIS SECTION. SUCH NOMINATION MAY NAME A SPECIFIC INDIVID-
UAL, OR THE EXECUTOR OR PERSONAL REPRESENTATIVE FOR THE NEW YORK  USER'S
ESTATE.
  2.  FOR ANY ELECTRONIC MAIL ACCOUNT OR ELECTRONIC DATA STORAGE ACCOUNT
OPENED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO  THOUSAND  FOURTEEN,  THE
SERVICE PROVIDER MAY PROVIDE A NEW YORK USER WITH THE OPTION TO NOMINATE
AN  INDIVIDUAL  WHO  SHALL  BE AUTHORIZED TO ACCESS SUCH SERVICE ACCOUNT
AFTER HIS OR HER DEATH. SUCH AUTHORIZATION SHALL BE DEEMED TO BE THE NEW
YORK USER'S CONSENT TO THE NOMINEE'S ACCESS OF THE CONTENTS OF ANY ELEC-
TRONIC MAIL OR ELECTRONIC DATA STORED IN  SUCH  SERVICE  ACCOUNT  UNLESS
SUCH  CONSENT AND AUTHORIZATION IS LIMITED BY SUCH NEW YORK USER THROUGH
THE USE OF A METHOD AUTHORIZED BY SUBDIVISION  THREE  OF  THIS  SECTION.
SUCH  NOMINATION  MAY  NAME  A  SPECIFIC  INDIVIDUAL, OR THE EXECUTOR OR
PERSONAL REPRESENTATIVE FOR THE NEW YORK USER'S ESTATE.
  3. A SERVICE PROVIDER MAY PROVIDE A NEW YORK USER  WITH  A  METHOD  OF
DESIGNATING  CERTAIN ELECTRONIC MAIL OR ELECTRONIC DATA FOR WHICH ACCESS
IS NOT AUTHORIZED AND CONSENT TO ACCESS IS NOT GRANTED.
  4. WHEN PRESENTING THE OPTION TO NOMINATE THAT IS DESCRIBED IN  SUBDI-
VISIONS  ONE AND TWO OF THIS SECTION, THE SERVICE PROVIDER SHALL INCLUDE
A STATEMENT THAT NOMINATION OF AN INDIVIDUAL OTHER THAN THE EXECUTOR  OR
PERSONAL  REPRESENTATIVE OF THE NEW YORK USER'S ESTATE WILL REQUIRE SUCH

A. 8851--A                          4

INDIVIDUAL TO INDEMNIFY THE SERVICE PROVIDER FROM ANY LIABILITY  ARISING
OUT OF SUCH INDIVIDUAL'S ACCESS TO THE SERVICE ACCOUNT.
  S   167-B.  ELECTRONIC  MAIL  ACCOUNTS  AND  ELECTRONIC  DATA  STORAGE
ACCOUNTS; ACCESS AFTER THE DEATH.  1. ANY PERSON, ENTITY,  OR  ORGANIZA-
TION  ENGAGING  IN  BUSINESS IN THIS STATE SHALL BE DEEMED TO HAVE GIVEN
CONSENT TO, UPON THE DEATH OF A NEW YORK USER, ACCESS TO ANY  ELECTRONIC
MAIL  OR  ELECTRONIC  DATA  SENT TO SUCH NEW YORK USER PRIOR TO OR AFTER
SUCH USER'S DEATH. SUCH CONSENT SHALL BE LIMITED TO ANY PERSON,  INCLUD-
ING  THE  EXECUTOR  OR  PERSONAL  REPRESENTATIVE  OF THE NEW YORK USER'S
ESTATE, WHO HAS BEEN NOMINATED BY THE NEW YORK USER PURSUANT TO  SECTION
ONE HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE OR WHO HAS BEEN GRANTED ACCESS
TO  THE  SERVICE  ACCOUNTS  PURSUANT  TO  AN ORDER OF THE COURT THAT HAS
JURISDICTION OVER THE DECEASED NEW YORK USER'S ESTATE.
  2. WHEN A NEW YORK USER HAS AUTHORIZED ACCESS OF HIS OR HER ELECTRONIC
MAIL ACCOUNT OR ELECTRONIC DATA STORAGE ACCOUNT, AS PROVIDED IN  SECTION
ONE  HUNDRED  SIXTY-SEVEN-A  OF THIS ARTICLE, THE SERVICE PROVIDER SHALL
GRANT SUCH ACCESS TO SUCH ACCOUNT IN ACCORDANCE WITH THE TERMS  OF  SUCH
CONSENT.
  3.  WHEN  A SERVICE PROVIDER HAS NOT PROVIDED A NEW YORK USER WITH THE
ABILITY TO AUTHORIZE ACCESS TO SUCH USER'S SERVICE ACCOUNT BY  A  PERSON
NOMINATED BY SUCH USER, AND SUCH NEW YORK USER IS DECEASED, SUCH SERVICE
PROVIDER  SHALL,  UPON RECEIPT OF A COURT ORDER THAT GRANTS THE EXECUTOR
OR PERSONAL REPRESENTATIVE ACCESS TO A DECEDENT'S  SERVICE  ACCOUNT  AND
ORDERS  THE  ESTATE  TO  INDEMNIFY  SUCH PROVIDERS FROM ALL LIABILITY IN
COMPLYING WITH SUCH ORDER, PROVIDE SUCH EXECUTOR OR  PERSONAL  REPRESEN-
TATIVE WITH ACCESS TO THE DECEDENT'S STORAGE ACCOUNT.
  S   167-C.  ELECTRONIC  MAIL  ACCOUNTS  AND  ELECTRONIC  DATA  STORAGE
ACCOUNTS; ACCOUNT TERMINATION UPON THE DEATH.   1. ANY  PROVISION  IN  A
SERVICE  PROVIDER'S TERMS OF SERVICE OR OTHER CONTRACTUAL AGREEMENT WITH
A NEW YORK USER AUTOMATICALLY TERMINATING SUCH ACCOUNT UPON THE DEATH OF
THE NEW YORK USER SHALL BE VOID AS AGAINST PUBLIC POLICY.
  2. A SERVICE PROVIDER  SHALL  TERMINATE  A  NEW  YORK  USER'S  SERVICE
ACCOUNT  UPON  A REQUEST FROM THE EXECUTOR OR PERSONAL REPRESENTATIVE OF
THE NEW YORK USER'S ESTATE.  WHEN THE NEW YORK USER IS DECEASED  AND  NO
PERSON  HOLDS  A  CURRENT  APPOINTMENT AS EXECUTOR OR PERSONAL REPRESEN-
TATIVE OF SUCH DECEASED NEW YORK USER'S ESTATE, TERMINATION OF A SERVICE
ACCOUNT MAY BE REQUESTED BY THE DECEASED NEW YORK USER'S  NEXT  OF  KIN,
PROVIDED  THAT SUCH INDIVIDUAL PROVIDES THE SERVICE PROVIDER WITH A COPY
OF THE NEW YORK USER'S DEATH CERTIFICATE.
  S 167-D. CONSUMER EDUCATION.  THE  CONSUMER  PROTECTION  DIVISION,  IN
CONSULTATION  WITH  THE  DEPARTMENT  OF  FINANCIAL  SERVICES, SHALL POST
INFORMATION ON THE HOME PAGE OF THE  DIVISION'S  WEBSITE  REGARDING  THE
IMPORTANCE OF ENSURING THAT ELECTRONIC MAIL ACCOUNTS AND ELECTRONIC DATA
STORAGE  ACCOUNTS  CAN  BE ACCESSED AFTER DEATH WITHIN SIXTY DAYS OF THE
EFFECTIVE DATE OF THIS ARTICLE.   SUCH  INFORMATION  SHALL  INCLUDE  THE
TYPES  OF  DATA OR INFORMATION THAT MAY NEED TO BE OBTAINED AFTER DEATH.
SUCH DATA OR INFORMATION THAT  MAY  NEED  TO  BE  OBTAINED  AFTER  DEATH
INCLUDES,  BUT  IS  NOT  LIMITED  TO, ELECTRONIC MAIL OR ELECTRONIC DATA
REGARDING BANK, UTILITY, OR CREDIT  ACCOUNTS,  INSURANCE  POLICIES,  AND
OTHER TRANSACTIONS AFFECTING AN ESTATE.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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