Bill would allow termination of digital accounts upon death

The Judiciary Committee heard testimony Jan. 24 on a bill that would clarify the treatment of digital assets upon an individual’s death.

LB37, introduced by Lexington Sen. John Wightman, would allow a personal representative or a court-appointed administrator of an estate to possess, conduct, continue or terminate social networking, microblogging or short message service websites or email accounts upon the death of the account owner.

Wightman said there is a conflict between state law and the federal Telecommunications Act—which was last amended in 1996 to include the Internet in the broadcasting spectrum—that should be reconciled to provide clarity for attorneys.

Andrew Loudon, a Lincoln estate-planning attorney, testified in support of the bill. He cited instances in which Facebook posts inappropriately were made on behalf of deceased individuals.

The bill would help personal representatives terminate digital accounts of deceased individuals, he said, which could help prevent such a problem.

Steve DelBianco, executive director of NetChoice, testified in opposition to the bill, saying a state law could override any terms of service the deceased had agreed to before they died. Digital accounts include e-commerce accounts that operate throughout state borders, he said, so a uniform law is needed to create consistency among such cases.

Steve Wilborn is chair of the Uniform Law Commission (ULC), a group that drafts legislation for states in an attempt to provide clarity and stability to laws. He testified in a neutral capacity, saying the commission currently is drafting a more comprehensive law addressing digital assets.

“The ULC provides bills that are very well drafted and highly competent. But because of that, we do not work at a fast speed,” Wilborn said. “This is an important topic and [the commission] would understand if the state wants to act now,” he added.

The committee took no immediate action on the bill.