Harvard Law Review – Ajemian v. Yahoo!, Inc.

The Uniform Law Commission (ULC) has attempted to clarify this issue. In 2014, it promulgated the original Uniform Fiduciary Access to Digital Assets Act (UFADAA), intending it “to remove barriers to a fiduciary’s access to electronic records. The draft Act gave personal representatives “the right to access . . . content of an electronic communication” unless the decedent explicitly stated otherwise.  However, “UFADAA imploded in state legislative halls” due to privacy-related concerns raised by NetChoice — a coalition of internet companies including Yahoo, Google, and Facebook. — and its allies. This pressure led the ULC to promulgate a revised version — RUFADAA — the next year.