Senate Bill S6176A

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 Senate Committee Judiciary 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2014	print number 6176a
May 30, 2014	amend (t) and recommit to judiciary
Jan 08, 2014	referred to judiciary

Bill Amendments

Original

A (Active)

2013-S6176 - Details

See Assembly Version of this Bill:: A8851
Current Committee:: Senate 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-S6176 - Summary

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

2013-S6176 - Sponsor Memo

                                BILL NUMBER:S6176

TITLE OF BILL:  An act to amend the estates, powers and trusts law, in
relation to the power of the fiduciary to access electronic mail and
electronic information storage accounts

PURPOSE:

hi lows the executor or administrator of an estate the power to access
electronic mail and electronic information storage accounts.

SUMMARY OF PROVISIONS:

Section one of this bill amends the estates, powers, and trusts law to
add a new section 11-1.12.

Paragraph (a) of this new section provides that notwithstanding any
other provision of law the executor or administrator of an estate of a
deceased person who was domiciled in the State at the time of their
death shall either be allowed access to the deceased electronic mail
and electronic information storage accounts or allowed copies of the
electronic mail or electronic information in an electronic information
storage account for the purpose of accessing the electronic mail and
information in such accounts and the closing of such accounts The
executor or administrator who is granted access to the accounts shall
use the accounts to download information contained in the accounts and

to provide notice to third parties that the account holder is
deceased.

Paragraph (b) of this new section provides that an electron mail
service provider or information storage service provider who receives
from the executor or administrator of an estate of a person who passed
away while domiciled in this State a request for access to or copies
of the contents of the deceased account accompanied by either a
written request for access or copies from the executor or
administrator along with a copy of the death certificate and a
certified copy of the certificate of appointment as executer or
administrator. An electronic mail service provider or an electronic
information storage service provider may also provide access or copies
of the aunt information upon an order of the court having jurisdiction
of the estate.

Paragraph (c) defines the terms "electronic mail account", "electronic
mail service provider", "information storage account", and
"information storage service provider".

Paragraph (d) provides that nothing in this section shall require an
electronic mail service provider or information storage service
provider to provide access to an account or to disclose information
that would violate any applicable federal The or access that the
deceased person would not have been permitted in the ordinary course
of business.

Section two of this bill provides that it shall be effective
immediately.

JUSTIFICATION:


In today's world business is conducted on computers and the Internet,
but our laws not kept up with society's increasing reliance on
technology. This bill would address one of the short comings of the
State's estates, powers, and trusts laws insurance companies
regardless of whether it be home owners or health are conducting
business online, sending bills and accepting payment is the Internet
and many times the only record of such a transaction on the customer's
end is the receipt sent to the customer's electronic mail. An
increasing number of online sales and transactions are conducted with
receipts for purchase being sent to electronic mail accounts of the
purchaser, the Apple corporation even sends receipts for in store
purr-oases to the electronic mail accounts of their customers. Given
the increased reliance of electronic mail and electronic information
storage systems the law needs to be amended to reflect the way in
which our society now operates in the information age and allow the
executor or administrator of an estate to have access to or copies of
information contained in the electronic mail account or the electronic
information storage system of the decedents.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S6176 - Bill Text download pdf

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

                                  6176

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  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

S. 6176                             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-S6176A (ACTIVE) - Details

See Assembly Version of this Bill:: A8851
Current Committee:: Senate 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-S6176A (ACTIVE) - Summary

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

2013-S6176A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6176A

TITLE OF BILL:  An act to amend the estates, powers and trusts law and
the general business law, in relation to the power of the fiduciary to
access electronic mail and electronic information storage accounts

PURPOSE:  Allows the executor or administrator of an estate the power
to access electronic mail and electronic information storage accounts.

SUMMARY OF PROVISIONS:

Section one of this bill amends section 11-1.11(b) of the Estates,
Powers, and Trusts Law ("EPTL") to add a new subparagraph (22). This
new subparagraph provides the executor or personal representative with
the power to request information regarding the decedent's electronic
mail or electronic storage account. This power does not include the
power to obtain the contents of any electronic mail or file in an
electronic storage account.

Section two of the bill adds a new section 11-1.12 to the EPTL. This
new section provides executors and personal representatives with
access to the decedent's electronic mail accounts and electronic
storage accounts. This access is granted when the decedent has
consented to the executor or personal representative's access to such
accounts, as provided in the new General Business Law Article 10-C,
and the Court issues an order that includes the indemnification of the

service provider granting such access. When the decedent has not
consented because the electronic mail or electronic storage account
was established prior to the effective date of the requirements
provided in the new General Business Law Article, access may be
granted pursuant to a Court order, provided that the Court order
includes indemnification of the service provider granting such access.

Section three of the bill amends the General Business Law by adding a
new Article 10C. This new Article contains five new sections. New
section 167 are definitions of the terms used in the Article.

New section 167-a provides that any electronic mail or electronic data
storage account opened after December 31, 2014 must allow a New York
resident to nominate a person or the personal representative or
executor of his or estate as the person who may access the electronic
mail or electronic data storage account being established. The service
provider has the option to allow the New York resident to specify
certain items in such accounts for which access is not granted. For
electronic mail or electronic data storage accounts opened by a New
York resident prior to January 1, 2015, the service provider may
afford the New York resident account holder with the same ability to
nominate as will be provided to New York residents who open accounts
after December 31, 2014. When the service provider presents the New
York resident with the option to nominate, the service provider must
also disclose that in the event the account is accessed, the estate or
individual named will be required to indemnify the service provider
for any liability arising from such access.

New section 167-b provides that any person engaged in business in New
York who uses electronic mail and/or electronic data as a means of
communication shall be deemed to have consented to the access of the


electronic mail or electronic data sent to the decedent. This section
also requires the service providers to provide access to the person
nominated by the New York resident or when access is ordered by the
Court.

New section 167-c provides that the an electronic mail or electronic
data storage account cannot be automatically be terminated upon the
death of the account holder. The executor or personal representative
for the decedent's estate, or next of kin when the estate is not
subject to probate, may request termination of such accounts.  New
section 167-d provides that the Consumer Protection Division of the
Department of State shall, in consultation with the Department of
Financial Services, post information regarding the importance of
ensuring that electronic mail and electronic data storage accounts can
be accessed after death on the Division's home page.

JUSTIFICATION:  In today's world business is conducted on computers
and the Internet, but our laws not kept up with society's increasing
reliance on technology. This bill would address one of the short
comings of the State's estates, powers, and trusts laws insurance
companies regardless of whether it be home owners or health are
conducting business online, sending bills and accepting payment is the
Internet and many times the only record of such a transaction on the
customer's end is the receipt sent to the customer's electronic mail.
An increasing number of online sales and transactions are conducted
with receipts for purchase being sent to electronic mail accounts of
the purchaser. The Apple corporation even sends receipts for in store
purchases to the electronic mail accounts of their customers. Given
the increased reliance of electronic mail and electronic information
storage systems the law needs to be amended to reflect the way in
which our society now operates in the information age and allow the
executor or administrator of an estate to have access to or copies of
information contained in the electronic mail account or the electronic
information storage system of the decedents.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S6176A (ACTIVE) - Bill Text download pdf

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

                                 6176--A

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD13193-02-4

S. 6176--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

S. 6176--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

S. 6176--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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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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