S T A T E   O F   N E W   Y O R K
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                                  5438

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the estates, powers and trust law,  the  mental  hygiene
  law, the surrogate's court procedure act and the general business law,
  in relation to decedent's electronic mail service accounts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 22 of paragraph (b) of section 11-1.1  of  the
estates, powers and trusts law, as renumbered by chapter 904 of the laws
of  1973,  is renumbered subparagraph 23 and a new paragraph 22 is added
to read as follows:
  (22) WITH RESPECT TO A DECEDENT'S ELECTRONIC MAIL SERVICE ACCOUNTS, TO
ENGAGE IN ACTIVITIES AUTHORIZED BY SECTION 11-1.12 OF THIS PART.
  S 2. The estates, powers and trusts law is amended  by  adding  a  new
section 11-1.12 to read as follows:
  S 11-1.12 LIMITED POWER OF FIDUCIARY WITH REGARD TO A DECEDENT'S ELEC-
TRONIC MAIL SERVICE ACCOUNT.
  (A)  DEFINITIONS.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "ACCOUNT HOLDER" MEANS A NATURAL PERSON WHO  HAS  ENTERED  INTO  AN
AGREEMENT  WITH AN ELECTRONIC MAIL SERVICE PROVIDER FOR THE PROVISION OF
AN ELECTRONIC MAIL ACCOUNT.
  2. "CATALOG OF ELECTRONIC MAIL MESSAGES" MEANS A LIST OF  EVERY  ELEC-
TRONIC  MAIL MESSAGE RECEIVED BY, SENT FROM, AND STORED IN AN ELECTRONIC
MAIL SERVICE ACCOUNT THAT INCLUDES THE HEADER INFORMATION FOR EACH ELEC-
TRONIC MAIL MESSAGE ALONG WITH THE CORRESPONDING DATE THAT SUCH  MESSAGE
WAS SENT OR RECEIVED.
  3.  "COMMERCIAL  ELECTRONIC  MAIL  MESSAGE"  MEANS  AN ELECTRONIC MAIL
MESSAGE SENT IN THE ORDINARY COURSE OF BUSINESS THAT IS NOT A  CONFIDEN-
TIAL ELECTRONIC MAIL MESSAGE, AND THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08430-01-5

              

S. 5438                             2

  (I)  FACILITATES, COMPLETES, OR CONFIRMS A COMMERCIAL TRANSACTION THAT
THE RECIPIENT HAS PREVIOUSLY AGREED TO ENTER INTO WITH THE SENDER;
  (II)  PROVIDES  WARRANTY  INFORMATION,  PRODUCT RECALL INFORMATION, OR
SAFETY OR SECURITY INFORMATION WITH RESPECT TO A COMMERCIAL  PRODUCT  OR
SERVICE USED OR PURCHASED BY THE RECIPIENT;
  (III)  PROVIDES  (I)  NOTIFICATION CONCERNING A CHANGE IN THE TERMS OR
FEATURES OF;
  (II) NOTIFICATION OF A CHANGE IN THE RECIPIENT'S  STANDING  OR  STATUS
WITH RESPECT TO;
  (III)  AT  REGULAR  PERIODIC  INTERVALS,  ACCOUNT BALANCE INFORMATION,
BILLING INFORMATION, OR OTHER TYPE OF ACCOUNT STATEMENT WITH RESPECT TO,
A SUBSCRIPTION, MEMBERSHIP, ACCOUNT, LOAN, OR COMPARABLE ONGOING COMMER-
CIAL RELATIONSHIP INVOLVING THE ONGOING PURCHASE OR USE BY THE RECIPIENT
OF PRODUCTS OR SERVICES OFFERED BY THE SENDER; OR
  (IV)  DELIVERS  GOODS  OR  SERVICES,  INCLUDING  PRODUCT  UPDATES   OR
UPGRADES, THAT THE RECIPIENT IS ENTITLED TO RECEIVE UNDER THE TERMS OF A
TRANSACTION  THAT THE RECIPIENT HAS PREVIOUSLY AGREED TO ENTER INTO WITH
THE SENDER.
  4. "CONFIDENTIAL ELECTRONIC MAIL MESSAGE"  MEANS  AN  ELECTRONIC  MAIL
MESSAGE  THAT  IS  PRIVILEGED DUE TO THE RELATIONSHIP BETWEEN THE SENDER
AND RECIPIENT AND NOT SUBJECT TO DISCLOSURE PURSUANT TO THE LAWS OF THIS
STATE WITHOUT A WAIVER OF SUCH PRIVILEGE.
  5. "CONTENT" MEANS THE SUBSTANCE OF AN ELECTRONIC MAIL MESSAGE AND ANY
ELECTRONIC DATA ATTACHED TO SUCH  ELECTRONIC  MAIL  MESSAGE  OTHER  THAN
HEADER INFORMATION.
  6.  "ELECTRONIC" MEANS OF OR RELATING TO TECHNOLOGY HAVING ELECTRICAL,
DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMILAR  CAPA-
BILITIES.
  7.  "ELECTRONIC DATA" MEANS ANY DATA, IMAGES, PICTURES, SOUNDS, VIDEO,
OR WRITING PRODUCED OR STORED BY ELECTRONIC MEANS AND CAPABLE  OF  BEING
ACCURATELY  REPRODUCED  IN  FORMS PERCEPTIBLE BY HUMAN SENSORY CAPABILI-
TIES.
  8. "ELECTRONIC MAIL ACCOUNT" MEANS AN ACCOUNT, OTHER THAN  AN  ACCOUNT
PROVIDED  BY  AN EMPLOYER TO AN EMPLOYEE WITHIN THE SCOPE OF EMPLOYMENT,
WITH AN ASSOCIATED ELECTRONIC MAIL ADDRESS FROM  WHICH  ELECTRONIC  MAIL
MESSAGES  MAY  BE SENT AND STORED, AND TO WHICH ELECTRONIC MAIL MESSAGES
MAY BE RECEIVED AND STORED.
  9. "ELECTRONIC MAIL ADDRESS" MEANS A DESTINATION,  COMMONLY  EXPRESSED
AS  A  STRING OF CHARACTERS, CONSISTING OF A UNIQUE USER NAME OR MAILBOX
AND A REFERENCE TO AN INTERNET DOMAIN,  WHETHER  OR  NOT  DISPLAYED,  TO
WHICH ELECTRONIC MAIL CAN BE SENT OR DELIVERED.
  10.  "ELECTRONIC MAIL MESSAGE" MEANS ELECTRONIC DATA THAT IS TRANSMIT-
TED FROM ONE ELECTRONIC MAIL ADDRESS TO ANOTHER ELECTRONIC MAIL  ADDRESS
FOR THE PURPOSE OF COMMUNICATION.
  11. "ELECTRONIC MAIL SERVICE PROVIDER" MEANS A NATURAL PERSON OR ENTI-
TY  THAT,  IN  THE  REGULAR  COURSE  OF BUSINESS, OFFERS ELECTRONIC MAIL
ACCOUNTS TO THE GENERAL PUBLIC.
  12. "ENTITY" MEANS AN ASSOCIATION, COMPANY, FIRM, PARTNERSHIP,  CORPO-
RATION,  LIMITED  LIABILITY  COMPANY,  SOLE PROPRIETORSHIP AND ANY OTHER
FORM OF LEGALLY RECOGNIZED ENTITY, OTHER THAN A STATE OR  LOCAL  GOVERN-
MENT.
  13.  "HEADER  INFORMATION" MEANS THE ELECTRONIC DATA PROVIDING SOURCE,
DESTINATION, ROUTING AND DELIVERY DATE INFORMATION THAT IS  ATTACHED  TO
AN  ELECTRONIC  MAIL  MESSAGE, INCLUDING THE ORIGINATING DOMAIN NAME AND
ORIGINATING ELECTRONIC MAIL ADDRESS,  AND  ANY  OTHER  INFORMATION  THAT

S. 5438                             3

APPEARS  IN  THE  LINE  IDENTIFYING, OR PURPORTING TO IDENTIFY, A PERSON
INITIATING THE MESSAGE.
  14. "INDIVIDUAL" MEANS A NATURAL PERSON.
  15.  "PERSONAL  ELECTRONIC  MAIL  MESSAGE"  MEANS  AN  ELECTRONIC MAIL
MESSAGE THAT IS EITHER SENT FROM ONE INDIVIDUAL  TO  ANOTHER  INDIVIDUAL
THAT  DOES  NOT  INCLUDE  ANY  ELEMENTS  OF A COMMERCIAL ELECTRONIC MAIL
MESSAGE OR A CONFIDENTIAL ELECTRONIC MAIL MESSAGE, REGARDLESS OF WHETHER
THE MESSAGE IS SENT DIRECTLY BY THE  SENDER  OR  FORWARDED  BY  OR  SENT
THROUGH  A SERVICE THAT OFFERS MEMBERS OR SUBSCRIBERS THE OPPORTUNITY TO
COMMUNICATE USING ELECTRONIC MAIL MESSAGES.
  (B) REQUEST FOR A CATALOG OF ELECTRONIC MAIL MESSAGES. UNLESS EXPRESS-
LY PROHIBITED IN THE WILL OR OTHER INSTRUMENT,  THE  PERSONAL  REPRESEN-
TATIVE  OR OTHER PERSON ACTING IN A FIDUCIARY CAPACITY WITH RESPECT TO A
DECEDENT'S ESTATE, HEREINAFTER CALLED THE "FIDUCIARY", SHALL BE  AUTHOR-
IZED TO REQUEST A CATALOG OF ELECTRONIC MAIL MESSAGES AND OTHER INFORMA-
TION  PERTAINING  TO THE DECEDENT'S ELECTRONIC MAIL SERVICE ACCOUNT WHEN
SUCH REQUEST IS NECESSARY FOR THE ADMINISTRATION OF THE ESTATE.  SUCH  A
REQUEST SHALL NOT INCLUDE A REQUEST FOR DISCLOSURE OF THE CONTENT OF ANY
ELECTRONIC  MAIL  MESSAGE  IN  SUCH ACCOUNT OR ANY OTHER INFORMATION FOR
WHICH DISCLOSURE TO ANY PERSON IS NOT  AUTHORIZED  PURSUANT  TO  FEDERAL
LAW.
  (C)  REQUEST  FOR  DISCLOSURE  OF THE CONTENT OF COMMERCIAL ELECTRONIC
MAIL MESSAGES. AFTER RECEIPT AND REVIEW OF  THE  CATALOG  OF  ELECTRONIC
MAIL  MESSAGES  RECEIVED  FROM  THE  DECEDENT'S  ELECTRONIC MAIL SERVICE
PROVIDER, THE FIDUCIARY MAY PETITION THE COURT FOR AN ORDER PURSUANT  TO
SECTION  TWO  THOUSAND  ONE  HUNDRED  SIXTEEN  OF THE SURROGATE'S COURTS
PROCEDURE ACT  TO  REQUIRE  THE  ELECTRONIC  MAIL  SERVICE  PROVIDER  TO
DISCLOSE  THE  HEADER AND CONTENT OF SPECIFIC COMMERCIAL ELECTRONIC MAIL
MESSAGES WHEN SUCH DISCLOSURE IS NECESSARY FOR THE ADMINISTRATION OF THE
ESTATE. ANY ORDER OF THE COURT SHALL REQUIRE THE ESTATE TO INDEMNIFY THE
ELECTRONIC MAIL SERVICE PROVIDER FROM ALL LIABILITY  IN  COMPLYING  WITH
SUCH ORDER.
  (D) PERSONAL ELECTRONIC MAIL MESSAGES AND CONFIDENTIAL ELECTRONIC MAIL
MESSAGES.  THE  FIDUCIARY  IS  NOT  AUTHORIZED  TO PETITION THE COURT TO
REQUEST DISCLOSURE OF  THE  CONTENT  OF  ANY  PERSONAL  ELECTRONIC  MAIL
MESSAGES  OR CONFIDENTIAL ELECTRONIC MAIL MESSAGES LISTED IN ANY CATALOG
OF ELECTRONIC MAIL MESSAGES RECEIVED BY SUCH FIDUCIARY.
  (E) DECEDENT'S CONSENT TO THE DISCLOSURE OF CONTENT OF ELECTRONIC MAIL
MESSAGES. WHEN, IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-SEVEN-A  OF
THE  GENERAL BUSINESS LAW, AN ELECTRONIC MAIL SERVICE PROVIDER OFFERED A
DECEDENT THE OPPORTUNITY TO CONSENT TO AND AUTHORIZE THE  DISCLOSURE  OF
THE  CONTENT  OF THE ELECTRONIC MAIL MESSAGES STORED IN HIS OR HER ELEC-
TRONIC MAIL SERVICES ACCOUNT TO AN INDIVIDUAL AND THE DECEDENT EXERCISED
SUCH OPTION IN FAVOR OF AN INDIVIDUAL WHO IS SERVING AS A FIDUCIARY  FOR
THE  DECEDENT'S  ESTATE,  SUCH  INDIVIDUAL  SHALL HAVE THE POWER TO SEEK
DISCLOSURE OF THE CONTENT OF ANY ELECTRONIC MAIL MESSAGES STORED IN  THE
DECEDENT'S  ELECTRONIC  MAIL  SERVICE ACCOUNT WITHOUT FIRST OBTAINING AN
ORDER FROM THE COURT.
  (F) TIME PERIOD  FOR  PRODUCTION  OF  A  CATALOG  OF  ELECTRONIC  MAIL
MESSAGES.   WHEN A REQUEST FOR A CATALOG OF ELECTRONIC MAIL MESSAGES HAS
BEEN MADE PURSUANT TO THIS SECTION, AN ELECTRONIC MAIL SERVICES PROVIDER
MAY REQUIRE THE FIDUCIARY TO PROVIDE A COPY OF THE ORDER  OF  THE  COURT
APPOINTING  HIM OR HER FIDUCIARY OF THE DECEDENT'S ESTATE, A COPY OF THE
DECEDENT'S DEATH CERTIFICATE, AND ANY OTHER INFORMATION THAT  IS  NECES-
SARY  FOR SUCH SERVICE PROVIDER TO COMPLETE THE REQUEST. UPON RECEIPT OF
SUCH INFORMATION, THE ELECTRONIC MAIL SERVICE PROVIDER SHALL PROVIDE THE

S. 5438                             4

REQUESTING FIDUCIARY WITH A CATALOG OF ELECTRONIC MAIL  MESSAGES  WITHIN
THIRTY DAYS.
  S  3.  Paragraph  20 of subdivision (a) of section 81.21 of the mental
hygiene law is renumbered paragraph 21 and a new paragraph 20  is  added
to read as follows:
  20.  WITH RESPECT TO AN INCAPACITATED PERSON'S ELECTRONIC MAIL SERVICE
ACCOUNTS, TO ENGAGE IN ACTIVITIES AUTHORIZED BY SECTION  81.45  OF  THIS
ARTICLE; AND
  S  4.  Paragraph  19 of subdivision (a) of section 81.21 of the mental
hygiene law, as added by chapter 438 of the laws of 2004, is amended  to
read as follows.
  19. pay bills after the death of the incapacitated person provided the
authority  existed  to  pay  such bills prior to death until a temporary
administrator or executor is appointed; [and]
  S 5. Subdivision (g) of section 81.44 of the mental  hygiene  law,  as
added  by chapter 175 of the laws of 2008, is relettered subdivision (h)
and amended and a new subdivision (g) is added to read as follows:
  (G) WITHIN ONE HUNDRED FIFTY DAYS OF THE INCAPACITATED PERSON'S DEATH,
THE GUARDIAN  SHALL  SERVE  UPON  THE  PERSONAL  REPRESENTATIVE  OF  THE
DECEDENT'S ESTATE OR WHERE THERE IS NO PERSONAL REPRESENTATIVE, UPON THE
PUBLIC  ADMINISTRATOR OR CHIEF FISCAL OFFICER, COPIES OF ALL CATALOGS OF
ELECTRONIC MAIL MESSAGES RECEIVED BY THE GUARDIAN  PURSUANT  TO  SECTION
82.21  OF  THIS  ARTICLE  AND  COPIES  OF  ALL  ELECTRONIC MAIL MESSAGES
DISCLOSED TO THE GUARDIAN PURSUANT TO SECTION  81.45  OF  THIS  ARTICLE.
THERE SHALL BE NO EXTENSION OF THE TIME TO FILE A FINAL REPORT EXCEPT BY
ORDER OF THE COURT.
  (h) Upon failure of the guardian to comply with subdivisions (d) [or],
(f)  OR  (G)  of  this  section,  any  person entitled to notice of this
proceeding may file a petition to compel the  guardian  to  account,  to
suspend and/or remove the guardian, and to take and state the guardian's
account.
  S  6.  The mental hygiene law is amended by adding a new section 81.45
to read as follows:
  S 81.45 LIMITED POWER OF THE GUARDIAN  TO  OBTAIN  DISCLOSURE  OF  THE
CONTENT OF THE INCOMPETENT PERSON'S ELECTRONIC MAIL MESSAGES.
  (A)  DEFINITIONS.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "ACCOUNT HOLDER" MEANS A NATURAL PERSON WHO  HAS  ENTERED  INTO  AN
AGREEMENT  WITH AN ELECTRONIC MAIL SERVICE PROVIDER FOR THE PROVISION OF
AN ELECTRONIC MAIL ACCOUNT.
  2. "CATALOG OF ELECTRONIC MAIL MESSAGES" MEANS A LIST OF  EVERY  ELEC-
TRONIC  MAIL MESSAGE RECEIVED BY, SENT FROM, AND STORED IN AN ELECTRONIC
MAIL SERVICE ACCOUNT THAT INCLUDES THE HEADER INFORMATION FOR EACH ELEC-
TRONIC MAIL MESSAGE ALONG WITH THE CORRESPONDING DATE THAT SUCH  MESSAGE
WAS SENT OR RECEIVED.
  3.  "COMMERCIAL  ELECTRONIC  MAIL  MESSAGE"  MEANS  AN ELECTRONIC MAIL
MESSAGE SENT IN THE ORDINARY COURSE OF BUSINESS THAT IS NOT A  CONFIDEN-
TIAL ELECTRONIC MAIL MESSAGE, AND THAT:
  (I)  FACILITATES, COMPLETES, OR CONFIRMS A COMMERCIAL TRANSACTION THAT
THE RECIPIENT HAS PREVIOUSLY AGREED TO ENTER INTO WITH THE SENDER;
  (II) PROVIDES WARRANTY INFORMATION,  PRODUCT  RECALL  INFORMATION,  OR
SAFETY  OR  SECURITY INFORMATION WITH RESPECT TO A COMMERCIAL PRODUCT OR
SERVICE USED OR PURCHASED BY THE RECIPIENT;
  (III) PROVIDES (I) NOTIFICATION CONCERNING A CHANGE IN  THE  TERMS  OR
FEATURES OF;

S. 5438                             5

  (II)  NOTIFICATION  OF  A CHANGE IN THE RECIPIENT'S STANDING OR STATUS
WITH RESPECT TO;
  (III)  AT  REGULAR  PERIODIC  INTERVALS,  ACCOUNT BALANCE INFORMATION,
BILLING INFORMATION, OR OTHER TYPE OF ACCOUNT STATEMENT WITH RESPECT TO,
A SUBSCRIPTION, MEMBERSHIP, ACCOUNT, LOAN, OR COMPARABLE ONGOING COMMER-
CIAL RELATIONSHIP INVOLVING THE ONGOING PURCHASE OR USE BY THE RECIPIENT
OF PRODUCTS OR SERVICES OFFERED BY THE SENDER; OR
  (IV)  DELIVERS  GOODS  OR  SERVICES,  INCLUDING  PRODUCT  UPDATES   OR
UPGRADES, THAT THE RECIPIENT IS ENTITLED TO RECEIVE UNDER THE TERMS OF A
TRANSACTION  THAT THE RECIPIENT HAS PREVIOUSLY AGREED TO ENTER INTO WITH
THE SENDER.
  4. "CONFIDENTIAL ELECTRONIC MAIL MESSAGE" MEANS  AND  ELECTRONIC  MAIL
MESSAGE  THAT  IS  PRIVILEGED DUE TO THE RELATIONSHIP BETWEEN THE SENDER
AND RECIPIENT AND NOT SUBJECT TO DISCLOSURE PURSUANT TO THE LAWS OF THIS
STATE WITHOUT A WAIVER OF SUCH PRIVILEGE.
  5. "CONTENT" MEANS THE SUBSTANCE OF AN ELECTRONIC MAIL MESSAGE AND ANY
ELECTRONIC DATA ATTACHED TO SUCH  ELECTRONIC  MAIL  MESSAGE  OTHER  THAN
HEADER INFORMATION.
  6.  "ELECTRONIC" MEANS OF OR RELATING TO TECHNOLOGY HAVING ELECTRICAL,
DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMILAR  CAPA-
BILITIES.
  7.  "ELECTRONIC DATA" MEANS ANY DATA, IMAGES, PICTURES, SOUNDS, VIDEO,
OR WRITING PRODUCED OR STORED BY ELECTRONIC MEANS AND CAPABLE  OF  BEING
ACCURATELY  REPRODUCED  IN  FORMS PERCEPTIBLE BY HUMAN SENSORY CAPABILI-
TIES.
  8. "ELECTRONIC MAIL ACCOUNT" MEANS AN ACCOUNT, OTHER THAN  AN  ACCOUNT
PROVIDED  BY  AN EMPLOYER TO AN EMPLOYEE WITHIN THE SCOPE OF EMPLOYMENT,
WITH AN ASSOCIATED ELECTRONIC MAIL ADDRESS FROM  WHICH  ELECTRONIC  MAIL
MESSAGES  MAY  BE SENT AND STORED, AND TO WHICH ELECTRONIC MAIL MESSAGES
MAY BE RECEIVED AND STORED.
  9. "ELECTRONIC MAIL ADDRESS" MEANS A DESTINATION,  COMMONLY  EXPRESSED
AS  A  STRING OF CHARACTERS, CONSISTING OF A UNIQUE USER NAME OR MAILBOX
AND A REFERENCE TO AN INTERNET DOMAIN,  WHETHER  OR  NOT  DISPLAYED,  TO
WHICH ELECTRONIC MAIL CAN BE SENT OR DELIVERED.
  10.  "ELECTRONIC MAIL MESSAGE" MEANS ELECTRONIC DATA THAT IS TRANSMIT-
TED FROM ONE ELECTRONIC MAIL ADDRESS TO ANOTHER ELECTRONIC MAIL  ADDRESS
FOR THE PURPOSE OF COMMUNICATION.
  11. "ELECTRONIC MAIL SERVICE PROVIDER" MEANS A NATURAL PERSON OR ENTI-
TY  THAT,  IN  THE  REGULAR  COURSE  OF BUSINESS, OFFERS ELECTRONIC MAIL
ACCOUNTS TO THE GENERAL PUBLIC.
  12. "ENTITY" MEANS AN ASSOCIATION, COMPANY, FILM, PARTNERSHIP,  CORPO-
RATION,  LIMITED  LIABILITY  COMPANY,  SOLE PROPRIETORSHIP AND ANY OTHER
FORM OF LEGALLY RECOGNIZED ENTITY, OTHER THAN STATE OR LOCAL GOVERNMENT.
  13. "HEADER INFORMATION" MEANS THE ELECTRONIC DATA  PROVIDING  SOURCE,
DESTINATION,  ROUTING  AND DELIVERY DATE INFORMATION THAT IS ATTACHED TO
AN ELECTRONIC MAIL MESSAGE, INCLUDING THE ORIGINATING  DOMAIN  NAME  AND
ORIGINATING  ELECTRONIC  MAIL  ADDRESS  AND  ANY  OTHER INFORMATION THAT
APPEARS IN THE LINE IDENTIFYING, OR PURPORTING  TO  IDENTIFY,  A  PERSON
INITIATING THE MESSAGE.
  14. "INDIVIDUAL" MEANS A NATURAL PERSON.
  15.  "PERSONAL  ELECTRONIC  MAIL  MESSAGE"  MEANS  AN  ELECTRONIC MAIL
MESSAGE THAT IS EITHER SENT FROM ONE INDIVIDUAL  TO  ANOTHER  INDIVIDUAL
THAT  DOES  NOT  INCLUDE  ANY  ELEMENTS  OF A COMMERCIAL ELECTRONIC MAIL
MESSAGE OR A CONFIDENTIAL ELECTRONIC MAIL MESSAGE, REGARDLESS OF WHETHER
THE MESSAGE IS SENT DIRECTLY BY THE  SENDER  OR  FORWARDED  BY  OR  SENT

S. 5438                             6

THROUGH  A  SERVICE THAT OFFERS MEMBERS OR SUBSCRIBES THE OPPORTUNITY TO
COMMUNICATE USING ELECTRONIC MAIL MESSAGES.
  (B)  REQUEST FOR A CATALOG OF ELECTRONIC MAIL MESSAGES. THE INDIVIDUAL
WHO HAS BEEN APPOINTED GUARDIAN FOR AN  INCAPACITATED  PERSON  SHALL  BE
AUTHORIZED  TO  REQUEST  A CATALOG OF ELECTRONIC MAIL MESSAGES AND OTHER
INFORMATION PERTAINING TO SUCH INCAPACITATED  PERSON'S  ELECTRONIC  MAIL
SERVICE  ACCOUNT  WHEN  SUCH REQUEST IS NECESSARY OR APPROPRIATE FOR THE
PROPER MANAGEMENT OF THE INCAPACITATED PERSON'S  PROPERTY  OR  FINANCIAL
AFFAIRS.  SUCH  A  REQUEST SHALL NOT INCLUDE A REQUEST FOR DISCLOSURE OF
THE CONTENTS OF ANY ELECTRONIC MAIL MESSAGE IN SUCH ACCOUNT OR ANY OTHER
INFORMATION FOR WHICH DISCLOSURE TO ANY PERSON IS NOT AUTHORIZED  PURSU-
ANT TO FEDERAL LAW.
  (C)  REQUEST  FOR  DISCLOSURE  OF THE CONTENT OF COMMERCIAL ELECTRONIC
MAIL MESSAGES. TO THE EXTENT THAT IT IS CONSISTENT  WITH  THE  AUTHORITY
OTHERWISE  GRANTED  BY THE COURT A GUARDIAN, AFTER RECEIPT AND REVIEW OF
THE CATALOG OF ELECTRONIC MAIL MESSAGES RECEIVED FROM THE  INCAPACITATED
PERSON'S  ELECTRONIC MAIL SERVICE PROVIDER, MAY COMMENCE A PROCEEDING IN
THE COURT WHICH APPOINTED THE GUARDIAN TO REQUIRE THE DISCLOSURE OF  THE
HEADER  AND CONTENT OF SPECIFIC COMMERCIAL ELECTRONIC MAIL MESSAGES WHEN
SUCH DISCLOSURE IS NECESSARY OR APPROPRIATE FOR THE PROPER MANAGEMENT OF
THE INCAPACITATED PERSON'S PROPERTY OR FINANCIAL AFFAIRS. ANY  ORDER  OF
THE COURT SHALL NOT AUTHORIZE THE DISCLOSURE OF PERSONAL ELECTRONIC MAIL
MESSAGES  OR CONFIDENTIAL ELECTRONIC MAIL MESSAGES AND SHALL REQUIRE THE
GUARDIAN TO INDEMNIFY THE ELECTRONIC  MAIL  SERVICE  PROVIDER  FROM  ALL
LIABILITY IN COMPLYING WITH SUCH ORDER.
  (D) PERSONAL ELECTRONIC MAIL MESSAGES AND CONFIDENTIAL ELECTRONIC MAIL
MESSAGES. A GUARDIAN IS NOT AUTHORIZED TO PETITION THE COURT TO PRAY FOR
AN  ORDER REQUIRING DISCLOSURE OF THE CONTENT OF ANY PERSONAL ELECTRONIC
MAIL MESSAGES OR CONFIDENTIAL ELECTRONIC MAIL  MESSAGES  LISTED  IN  ANY
CATALOG OF ELECTRONIC MAIL MESSAGES RECEIVED BY SUCH GUARDIAN.
  S  7.  The  surrogate's court procedure act is amended by adding a new
section 2116 to read as follows:
S 2116. PROCEEDING BY FIDUCIARY TO COMPEL DISCLOSURE OF THE  CONTENT  OF
         COMMERCIAL ELECTRONIC MAIL MESSAGES
  1.  A  FIDUCIARY  WHO  IS IN RECEIPT OF THE CATALOG OF ELECTRONIC MAIL
MESSAGES FROM AN ELECTRONIC  MAIL  ACCOUNT  HELD  BY  THE  DECEDENT  AND
BELIEVES  THAT  THE  CONTENT OF ONE OR MORE OF THE COMMERCIAL ELECTRONIC
MAIL MESSAGES LISTED IN SUCH CATALOG IS NECESSARY FOR THE ADMINISTRATION
OF THE ESTATE MAY PRESENT TO THE COURT WHICH HAS JURISDICTION  OVER  THE
ESTATE A PETITION SHOWING THE FACTS, INCLUDING THE NECESSITY FOR DISCLO-
SURE, AND PRAYING THAT THE COURT ISSUE AN ORDER DIRECTING THE DISCLOSURE
OF THE CONTENT OF SUCH ELECTRONIC MAIL MESSAGES.
  2. IF THE COURT IS SATISFIED THAT (A) AN ELECTRONIC MAIL MESSAGE LIST-
ED  IN  THE  PETITION  IS A COMMERCIAL ELECTRONIC MAIL MESSAGE AND NOT A
CONFIDENTIAL ELECTRONIC MAIL  MESSAGE  OR  A  PERSONAL  ELECTRONIC  MAIL
MESSAGE,  AND (B) THE DISCLOSURE OF THE CONTENT OF SUCH COMMERCIAL ELEC-
TRONIC MAIL MESSAGES IS NECESSARY FOR ADMINISTRATION OF THE ESTATE,  THE
COURT SHALL ISSUE AN ORDER DIRECTING THE DISCLOSURE OF THE HEADER INFOR-
MATION AND CONTENT OF SUCH COMMERCIAL ELECTRONIC MAIL MESSAGE AND INDEM-
NIFYING THE ELECTRONIC MAIL SERVICE PROVIDER FROM ANY LIABILITY INCURRED
DUE TO SUCH DISCLOSURE.
  3.  IF  THE  COURT  FINDS  THAT  THE  PETITION SEEKS DISCLOSURE OF THE
CONTENT OF ONE OR MORE ELECTRONIC MAIL MESSAGES THAT ARE NOT  COMMERCIAL
ELECTRONIC  MAIL  MESSAGES, THE COURT SHALL EXCLUDE SUCH ELECTRONIC MAIL
MESSAGES FROM ITS ORDER.

S. 5438                             7

  4. THE COURT SHALL  REQUIRE  A  BOND  NOTWITHSTANDING  THAT  THE  WILL
AUTHORIZED AN EXECUTOR TO SERVE WITHOUT BOND.
  5.  THE TERMS "CATALOG OF ELECTRONIC MAIL MESSAGES," "COMMERCIAL ELEC-
TRONIC  MAIL  MESSAGES,"  "CONFIDENTIAL   ELECTRONIC   MAIL   MESSAGES,"
"CONTENT,"  "ELECTRONIC  MAIL ACCOUNT," "ELECTRONIC MAIL SERVICE PROVID-
ER," AND "PERSONAL ELECTRONIC MAIL MESSAGES" SHALL HAVE THE SAME MEANING
AS IN SECTION 11-1.12 OF THE ESTATES, POWERS AND TRUSTS LAW.
  S 8. The general business law is amended by adding a new article  10-C
to read as follows:
                               ARTICLE 10-C
                    ELECTRONIC MAIL ACCOUNT SERVICES
SECTION 167. DEFINITIONS.
        167-A. ELECTRONIC   MAIL  ACCOUNTS;  CONSENT  TO  DISCLOSURE  OF
                CONTENT AFTER DEATH.
        167-B. CONSENT TO THE DISCLOSURE OF COMMERCIAL  ELECTRONIC  MAIL
                MESSAGE CONTENT.
        167-C. DISCLOSURE  OF ELECTRONIC MAIL MESSAGE CONTENT TO A NOMI-
                NEE.
        167-D. ELECTRONIC MAIL ACCOUNTS; ACCOUNT TERMINATION UPON DEATH.
        167-E. CONSUMER EDUCATION.
  S 167. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "ACCOUNT HOLDER" MEANS A NATURAL PERSON WHO  HAS  ENTERED  INTO  AN
AGREEMENT  WITH AN ELECTRONIC MAIL SERVICE PROVIDER FOR THE PROVISION OF
AN ELECTRONIC MAIL ACCOUNT.
  2. "CATALOG OF ELECTRONIC MAIL MESSAGES" MEANS A LIST OF  EVERY  ELEC-
TRONIC  MAIL MESSAGE RECEIVED BY, SENT FROM, AND STORED IN AN ELECTRONIC
MAIL SERVICE ACCOUNT THAT INCLUDES THE HEADER INFORMATION FOR EACH ELEC-
TRONIC MAIL MESSAGE ALONG WITH THE CORRESPONDING DATE THAT SUCH  MESSAGE
WAS SENT OR RECEIVED.
  3.  "COMMERCIAL  ELECTRONIC  MAIL  MESSAGE"  MEANS  AN ELECTRONIC MAIL
MESSAGE SENT IN THE ORDINARY COURSE OF BUSINESS THAT IS NOT A  CONFIDEN-
TIAL ELECTRONIC MAIL MESSAGE, AND THAT:
  (I)  FACILITATES, COMPLETES, OR CONFIRMS A COMMERCIAL TRANSACTION THAT
THE RECIPIENT HAS PREVIOUSLY AGREED TO ENTER INTO WITH THE SENDER;
  (II) PROVIDES WARRANTY INFORMATION,  PRODUCT  RECALL  INFORMATION,  OR
SAFETY  OR  SECURITY INFORMATION WITH RESPECT TO A COMMERCIAL PRODUCT OR
SERVICE USED OR PURCHASED BY THE RECIPIENT;
  (III) PROVIDES (I) NOTIFICATION CONCERNING A CHANGE IN  THE  TERMS  OR
FEATURES OF;
  (II)  NOTIFICATION  OF  A CHANGE IN THE RECIPIENT'S STANDING OR STATUS
WITH RESPECT TO;
  (III) AT REGULAR  PERIODIC  INTERVALS,  ACCOUNT  BALANCE  INFORMATION,
BILLING INFORMATION, OR OTHER TYPE OF ACCOUNT STATEMENT WITH RESPECT TO,
A SUBSCRIPTION, MEMBERSHIP, ACCOUNT, LOAN, OR COMPARABLE ONGOING COMMER-
CIAL RELATIONSHIP INVOLVING THE ONGOING PURCHASE OR USE BY THE RECIPIENT
OF PRODUCTS OR SERVICES OFFERED BY THE SENDER; OR
  (IV)   DELIVERS  GOODS  OR  SERVICES,  INCLUDING  PRODUCT  UPDATES  OR
UPGRADES, THAT THE RECIPIENT IS ENTITLED TO RECEIVE UNDER THE TERMS OF A
TRANSACTION THAT THE RECIPIENT HAS PREVIOUSLY AGREED TO ENTER INTO  WITH
THE SENDER.
  4.  "CONFIDENTIAL  ELECTRONIC  MAIL  MESSAGE" MEANS AN ELECTRONIC MAIL
MESSAGE THAT IS PRIVILEGED DUE TO THE RELATIONSHIP  BETWEEN  THE  SENDER
AND RECIPIENT AND NOT SUBJECT TO DISCLOSURE PURSUANT TO THE LAWS OF THIS
STATE WITHOUT A WAIVER OF SUCH PRIVILEGE.

S. 5438                             8

  5. "CONTENT" MEANS THE SUBSTANCE OF AN ELECTRONIC MAIL MESSAGE AND ANY
ELECTRONIC  DATA  ATTACHED  TO  SUCH  ELECTRONIC MAIL MESSAGE OTHER THAN
HEADER INFORMATION.
  6.  "ELECTRONIC" MEANS OF OR RELATING TO TECHNOLOGY HAVING ELECTRICAL,
DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMILAR  CAPA-
BILITIES.
  7.  "ELECTRONIC DATA" MEANS ANY DATA, IMAGES, PICTURES, SOUNDS, VIDEO,
OR WRITING PRODUCED OR STORED BY ELECTRONIC MEANS AND CAPABLE  OF  BEING
ACCURATELY  REPRODUCED  IN  FORMS PERCEPTIBLE BY HUMAN SENSORY CAPABILI-
TIES.
  8. "ELECTRONIC MAIL ACCOUNT" MEANS AN ACCOUNT, OTHER THAN  AN  ACCOUNT
PROVIDED  BY  AN EMPLOYER TO AN EMPLOYEE WITHIN THE SCOPE OF EMPLOYMENT,
WITH AN ASSOCIATED ELECTRONIC MAIL ADDRESS FROM  WHICH  ELECTRONIC  MAIL
MESSAGES  MAY  BE SENT AND STORED, AND TO WHICH ELECTRONIC MAIL MESSAGES
MAY BE RECEIVED AND STORED.
  9. "ELECTRONIC MAIL ADDRESS" MEANS A DESTINATION,  COMMONLY  EXPRESSED
AS  A  STRING OF CHARACTERS, CONSISTING OF A UNIQUE USER NAME OR MAILBOX
AND A REFERENCE TO AN INTERNET DOMAIN,  WHETHER  OR  NOT  DISPLAYED,  TO
WHICH ELECTRONIC MAIL CAN BE SENT OR DELIVERED.
  10.  "ELECTRONIC MAIL MESSAGE" MEANS ELECTRONIC DATA THAT IS TRANSMIT-
TED FROM ONE ELECTRONIC MAIL ADDRESS TO ANOTHER ELECTRONIC MAIL  ADDRESS
FOR THE PURPOSE OF COMMUNICATION.
  11. "ELECTRONIC MAIL SERVICE PROVIDER" MEANS A NATURAL PERSON OR ENTI-
TY  THAT,  IN  THE  REGULAR  COURSE  OF BUSINESS, OFFERS ELECTRONIC MAIL
ACCOUNTS TO THE GENERAL PUBLIC.
  12. "ENTITY" MEANS AN ASSOCIATION, COMPANY, FIRM, PARTNERSHIP,  CORPO-
RATION,  LIMITED  LIABILITY  COMPANY,  SOLE PROPRIETORSHIP AND ANY OTHER
FORM OF LEGALLY RECOGNIZED ENTITY, OTHER THAN A STATE OR  LOCAL  GOVERN-
MENT.
  13.  "HEADER  INFORMATION" MEANS THE ELECTRONIC DATA PROVIDING SOURCE,
DESTINATION, ROUTING AND DELIVERY DATE INFORMATION THAT IS  ATTACHED  TO
AN  ELECTRONIC  MAIL  MESSAGE, INCLUDING THE ORIGINATING DOMAIN NAME AND
ORIGINATING ELECTRONIC MAIL ADDRESS,  AND  ANY  OTHER  INFORMATION  THAT
APPEARS  IN  THE  LINE  IDENTIFYING, OR PURPORTING TO IDENTIFY, A PERSON
INITIATING THE MESSAGE.
  14. "INDIVIDUAL" MEANS A NATURAL PERSON.
  15. "PERSONAL  ELECTRONIC  MAIL  MESSAGE"  MEANS  AN  ELECTRONIC  MAIL
MESSAGE  THAT  IS  EITHER SENT FROM ONE INDIVIDUAL TO ANOTHER INDIVIDUAL
THAT DOES NOT INCLUDE ANY  ELEMENTS  OF  A  COMMERCIAL  ELECTRONIC  MAIL
MESSAGE OR A CONFIDENTIAL ELECTRONIC MAIL MESSAGE, REGARDLESS OF WHETHER
THE  MESSAGE  IS  SENT  DIRECTLY  BY  THE SENDER OR FORWARDED BY OR SENT
THROUGH A SERVICE THAT OFFERS MEMBERS OR SUBSCRIBERS THE OPPORTUNITY  TO
COMMUNICATE USING ELECTRONIC MAIL MESSAGES.
  S  167-A.  ELECTRONIC  MAIL ACCOUNTS; CONSENT TO DISCLOSURE OF CONTENT
AFTER DEATH.
  1. CONSENT TO DISCLOSE. (A) FOR ANY ELECTRONIC  MAIL  SERVICE  ACCOUNT
OPENED AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN, THE ELECTRONIC
MAIL  SERVICE  PROVIDER  MAY  PROVIDE AN ACCOUNT HOLDER RESIDING IN THIS
STATE WITH THE OPTION TO NOMINATE AN INDIVIDUAL TO RECEIVE  THE  CONTENT
OF  THE  ELECTRONIC  MAIL  MESSAGES STORED IN HIS OR HER ELECTRONIC MAIL
SERVICE ACCOUNT AFTER HIS OR HER  DEATH.  SUCH  AUTHORIZATION  SHALL  BE
DEEMED TO BE THE ACCOUNT HOLDER'S CONSENT TO THE ELECTRONIC MAIL SERVICE
PROVIDER'S  DISCLOSURE  TO  THE NOMINEE OF THE CONTENT OF ANY ELECTRONIC
MAIL MESSAGES THAT ARE:  (I) STORED IN SUCH ACCOUNT AT THE TIME  OF  HIS
OR  HER  DEATH, INCLUDING ELECTRONIC MAIL MESSAGES THAT HAVE BEEN DELIV-

S. 5438                             9

ERED BUT ARE UNREAD, AND (II) ELECTRONIC MAIL MESSAGES THAT  ARE  DELIV-
ERED TO SUCH ACCOUNT AFTER HIS OR HER DEATH.
  (B)  FOR  ANY  ELECTRONIC  MAIL  SERVICE ACCOUNT OPENED BEFORE JANUARY
FIRST, TWO THOUSAND SEVENTEEN, THE ELECTRONIC MAIL SERVICE PROVIDER  MAY
PROVIDE  AN  ACCOUNT  HOLDER  RESIDING  IN THIS STATE WITH THE OPTION TO
NOMINATE AN INDIVIDUAL TO RECEIVE THE CONTENT  OF  THE  ELECTRONIC  MAIL
MESSAGES  STORED IN HIS OR HER ELECTRONIC MAIL SERVICE ACCOUNT AFTER HIS
OR HER DEATH.   SUCH AUTHORIZATION SHALL BE DEEMED  TO  BE  THE  ACCOUNT
HOLDER'S CONSENT TO THE ELECTRONIC MAIL SERVICE PROVIDERS' DISCLOSURE TO
THE  NOMINEE  OF THE CONTENT OF ANY ELECTRIC MAIL MESSAGES THAT ARE: (I)
STORED IN SUCH ACCOUNT AT THE TIME OF HIS OR HER DEATH, INCLUDING  ELEC-
TRONIC  MAIL  MESSAGES THAT HAVE BEEN DELIVERED BUT ARE UNREAD, AND (II)
ELECTRONIC MAIL MESSAGES THAT ARE DELIVERED TO SUCH ACCOUNT AFTER HIS OR
HER DEATH.
  (C) AN ACCOUNT HOLDER SHALL BE DEEMED A RESIDENT  OF  THIS  STATE  FOR
PURPOSES  OF  THIS  SUBDIVISION IF HE OR SHE (I) PROVIDED THE ELECTRONIC
MAIL SERVICE PROVIDER WITH A BILLING ADDRESS WITHIN THIS  STATE  AT  THE
TIME  HE OR SHE OPENED THE ELECTRONIC MAIL SERVICE ACCOUNT, OR (II) IF A
BILLING ADDRESS WAS NOT REQUIRED TO OPEN THE  ELECTRONIC  MAIL  SERVICE,
PROVIDED AN ADDRESS OR ZIP CODE WITHIN THIS STATE TO THE PROVIDER AT THE
TIME THE ELECTRONIC MAIL SERVICE ACCOUNT WAS OPENED.
  2.  NOMINEE  CHANGE  AND  REVOCATION.  IF  AN  ELECTRONIC MAIL SERVICE
PROVIDER PROVIDES RESIDENTS  OF  THIS  STATE  WITH  THE  OPPORTUNITY  TO
CONSENT  TO DISCLOSURE PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SUCH
SERVICE PROVIDER SHALL ALSO PROVIDE THE ABILITY TO REVOKE  A  NOMINATION
AND  TO  NOMINATE A DIFFERENT INDIVIDUAL. IF A NOMINATION IS REVOKED AND
ANOTHER INDIVIDUAL IS NOT NOMINATED, THE CONSENT TO DISCLOSURE IS DEEMED
TO BE REVOKED. SUCH REVOCATION  WILL  NOT  PROHIBIT  THE  DISCLOSURE  OF
COMMERCIAL  ELECTRONIC MAIL PURSUANT TO AN ORDER OF A COURT OF COMPETENT
JURISDICTION.
  3. PRESENTATION OF THE OPTION TO CONSENT TO DISCLOSURE.  IF  AN  ELEC-
TRONIC  MAIL SERVICE PROVIDER AFFORDS RESIDENTS OF THIS STATE THE OPPOR-
TUNITY TO AUTHORIZE DISCLOSURE  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION, SUCH SERVICE PROVIDER SHALL INCLUDE THE FOLLOWING STATEMENTS OF
SUBSTANTIALLY SIMILAR STATEMENTS;
  (A) "IF YOU CHOOSE TO NOMINATE SOMEONE TO RECEIVE YOUR ELECTRONIC MAIL
MESSAGES, YOU ARE GIVING YOUR CONSENT FOR THAT PERSON TO READ ALL OF THE
ELECTRONIC  MAIL  MESSAGES,  INCLUDING  ATTACHMENTS,  THAT  ARE  IN YOUR
ACCOUNT IF YOU DIE."
  (B) "YOU MAY CHANGE THE PERSON WHO YOU NAMED AS YOUR  NOMINEE  AT  ANY
TIME."
  (C) "YOU MAY REVOKE YOUR NOMINATION OF A PERSON AT ANY TIME."
  (D) "YOU ARE NOT REQUIRED TO NOMINATE ANYONE."
  S  167-B.  CONSENT  TO  THE  DISCLOSURE  OF COMMERCIAL ELECTRONIC MAIL
MESSAGE CONTENT. A PERSON ENGAGING IN BUSINESS IN THIS STATE SHALL, UPON
THE DEATH OF AN INDIVIDUAL RESIDING IN THIS STATE AT THE TIME OF HIS  OR
HER  DEATH,  BE  DEEMED  TO  HAVE GIVEN CONSENT TO THE DISCLOSURE OF THE
CONTENT OF ANY COMMERCIAL ELECTRONIC MAIL MESSAGE SENT BY OR  ON  BEHALF
OF  SUCH  PERSON  TO  SUCH  DECEDENT PRIOR TO OR AFTER HIS OR HER DEATH,
PROVIDED THAT SUCH DISCLOSURE IS MADE PURSUANT TO  SECTION  ONE  HUNDRED
SIXTY-SEVEN-C  OF  THIS ARTICLE OR AN ORDER OF THE COURT THAT HAS JURIS-
DICTION OVER THE DECEDENT'S ESTATE.
  S 167-C. DISCLOSURE OF ELECTRONIC MAIL MESSAGE CONTENT TO  A  NOMINEE.
PRIOR TO DISCLOSING THE CONTENT OF ELECTRONIC MAIL MESSAGES STORED IN AN
ELECTRONIC  MAIL ACCOUNT PURSUANT TO AN ELECTION MADE IN ACCORDANCE WITH
SECTION ONE HUNDRED SIXTY SEVEN-B OF THIS ARTICLE, THE  ELECTRONIC  MAIL

S. 5438                            10

SERVICE  PROVIDER MAY REQUIRE THE NOMINEE TO PROVIDE (A) PROOF OF HIS OR
HER IDENTITY, AND (B) PROOF THAT  THE  ACCOUNT  HOLDER  IS  DECEASED.  A
CERTIFIED  COPY  OF THE ACCOUNT HOLDER'S DEATH CERTIFICATE SHALL CONSTI-
TUTE SUFFICIENT PROOF OF DEATH.
  S  167-D. ELECTRONIC MAIL ACCOUNTS; ACCOUNT TERMINATION UPON DEATH. 1.
ANY PROVISION IN AN ELECTRONIC MAIL SERVICE PROVIDER'S TERMS OF  SERVICE
OR OTHER CONTRACTUAL AGREEMENT WITH AN ACCOUNT HOLDER WHO WAS A RESIDENT
OF  THIS  STATE  AT THE TIME OF HIS OR HER DEATH FOR THE PROVISION OF AN
ELECTRONIC MAIL ACCOUNT THAT CAUSES THE DELETION OF ANY ELECTRONIC  MAIL
MESSAGES  STORED  IN  SUCH  ACCOUNT UPON THE DEATH OF THE ACCOUNT HOLDER
SHALL BE VOID AS AGAINST PUBLIC POLICY.
  2. UPON NOTIFICATION OF THE DEATH OF AN ACCOUNT HOLDER WHO WAS A RESI-
DENT OF THIS STATE AT THE TIME OF HIS OR HER DEATH, AN  ELECTRONIC  MAIL
SERVICE  PROVIDER  SHALL  RETAIN  ALL  ELECTRONIC  MAIL MESSAGES IN SUCH
ACCOUNT FOR A PERIOD OF NO LESS THAN SIX MONTHS  FOLLOWING  THE  ACCOUNT
HOLDER'S   DEATH,  PROVIDED  THAT  A  LONGER  RETENTION  PERIOD  IS  NOT
PRESCRIBED BY THE LAWS AND REGULATIONS OF THIS STATE, ANOTHER STATE, THE
UNITED STATES, OR ANOTHER COUNTRY.
  S 167-E. CONSUMER EDUCATION.  THE  CONSUMER  PROTECTION  DIVISION,  IN
CONSULTATION  WITH  THE  DEPARTMENT  OF  FINANCIAL  SERVICES, SHALL POST
INFORMATION ON THE HOME PAGE OF THE  DIVISION'S  WEBSITE  REGARDING  THE
IMPORTANCE  OF  ENSURING  THAT  ELECTRONIC MAIL ACCOUNTS CAN BE ACCESSED
AFTER DEATH WITHIN SIXTY DAYS OF THE EFFECTIVE  DATE  OF  THIS  ARTICLE.
SUCH INFORMATION SHALL INCLUDE THE TYPES OF INFORMATION THAT MAY NEED TO
BE  OBTAINED AFTER DEATH, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC MAIL
MESSAGES REGARDING BANK, UTILITY, OR CREDIT  ACCOUNTS,  INSURANCE  POLI-
CIES, AND OTHER TRANSACTIONS AFFECTING AN ESTATE.
  S  9.  This  act shall take effect on the ninetieth day after it shall
have become a law.