On June 8, 2015, it was reported that the California legislature is considering a new bill, A.B. 691, which would set forth the procedure for handling a deceased individual’s digital assets, including their social media accounts. Under this bill, a deceased individual’s digital assets and communications may only be disclosed to an estate executor IF the deceased individual ‘opted-in’ to that choice through his or her online service provider or his or her will. This is a new twist on digital assets legislation. Back in 2014, the National Conference of Commissioners on Uniform State Laws created a model law that would allow executors and trustees to access a deceased’s individual’s digital assets unless the individual specifically prohibited it. Assemblyman, Ian C. Calderon said, “There have been several attempts nationally to create a model for other states to use in order to address [the issue of digital assets], but California has the opportunity with the passage of A.B. 591 to take the reins and to be the champion for the tech industry.” We will follow the bill’s journey and keep you updated.
