Supporters and opponents of Delaware’s new law allowing fiduciaries to access deceased individuals’ online accounts say a court opinion will likely be necessary to resolve whether the legislation conflicts with a 1986 federal law prohibiting consumer electronic companies from disclosing content without the owner’s consent or government order.
The statute, dubbed the Fiduciary Access to Digital Assets and Digital Accounts Act, was signed into law last month by Gov. Jack Markell. Under the law, fiduciary trustees can gain access to the online accounts and other digital content of individuals who have died or become otherwise incapacitated.
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