Inheriting Digital Assets: Does The Revised Uniform Fiduciary Access To Digital Assets Act Fall Short?

how the lack of clearly defined fiduciary powers creates uncertainty for those attempting to marshal the digital property of a deceased account holder.The article will examine the instances when a court order is required before a fiduciary may gain access to the digital assets of a deceased person.Then it will address whether RUFADAA affords online service providers too much discretion to decide when a court order is warranted.Lastly, the article will discuss whether forum selection and choice of law provisions contained in standard terms of service agreements should be enforceable against a fiduciary acting on behalf of a deceased account holder's estate. II. EXISTING FEDERAL LAWS DEALING WITH DIGITAL ASSETSNearly seven in ten Americans use social media to connect with one another, 1 and over 95% own a smartphone. 2 According to one survey conducted by McAfee, almost 51% of consumers spend 15 hours or more on their digital devices for personal use each week, 3 and, on average, we have over $35,000 worth of assets stored on these devices.4 There is no single definition of what is considered a "digital asset," but the term has been broadly interpreted to include email accounts, text messages, social networking accounts (such as Facebook, LinkedIn, and Twitter), online credit card and banking accounts, photographs and videos stored online, photo and video sharing accounts (such as Instagram and YouTube), documents, cloud storage accounts (such as Dropbox, iCloud, and Microsoft OneDrive), digital music subscriptions (such as iTunes, Spotify, and Pandora)1 Social Media Fact Sheet, PEW RESEARCH CENTER:

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