SENATE DOCKET, NO. FILED ON: 6/19/2012
SENATE . . . . . . . . . . . . . . No. 2313
The Commonwealth of Massachusetts
In the Year Two Thousand Twelve
An Act relative to access to a decedent's electronic mail accounts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Subsection (a) of section 3-715 of chapter 190B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-
“Electronic mail account”, all electronic mail sent, received or created by an end-user of electronic mail services provided by an electronic mail service provider that is stored or recorded by the provider in the regular course of such services and any other electronic information stored or recorded by such provider that is directly related to the electronic mail services provided to the end-user by such provider, including, but not limited to, billing and payment information.
“Electronic mail service provider”, any person who is an intermediary in sending or receiving electronic mail and who provides to end-users of electronic mail services the ability to send or receive electronic mail.
SECTION 2. Said section 3-715 of said chapter 190B, asso appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 3-902, a special personal representative acting reasonably for the benefit of the interested persons, may properly exercise only those powers set forth in subsections (1), (2), (3), (5), (7), (12), (15), (18), (19), (20), (21), (22), (24), (26) and (28) of paragraph (a).
SECTION 3. Paragraph (28) of subsection (a) and subsection (b) of section 3-715 of chapter 190B of the General Laws shall apply to: (i) all electronic mail accounts existing on or after the effective date of this act; and (ii) all instances in which the electronic mail account contents have been preserved by the electronic mail service provider as of the effective date of this act.