The Uniform Fiduciary Access to
Digital Assets Act (UFADAA) was recently promulgated by the Uniform Law
Commission (ULC) to assist fiduciaries who represent deceased and incapacitated
persons--personal representatives, trustees, conservators, and agents with power
of attorney. Each fiduciary needs access to the digital assets (electronic
records) of the represented person, in order to administer the estate or trust
or run the affairs of an incapacitated or authorizing person. This Act clarifies
that the fiduciary is an "authorized user" of the represented person's online
accounts, rather than a "hacker" of those accounts, in violation of the Computer
Fraud and Abuse Act (CFAA) and similar state statutes. The Act presumes the
fiduciary to have the "lawful consent" of the represented person to gain access
to those accounts, rather than being barred from access by the Stored
Communications Act (SCA) in the Electronic Communications Privacy Act (ECPA). It
requires the online service provider to provide access to the fiduciary, once
certain conditions are met. Professor Kunz was one of three ABA Advisors to the
ULC study committee and drafting committee, bringing her electronic commerce
expertise to the drafting process.
This CLE is available online
until June 11, 2017.
Presenters:
Christina L. Kunz,
Professor Emerita, William Mitchell College of Law
CLE
Credits:
1.0 Standard CLE Credit approved | Event Code:
206582
Cost:
MSBA Members: $29.95
Non-MSBA Members:
$64.95