“It’s really curtailing innovation,” Carl Szabo, general counsel for NetChoice, an internet trade group that represents companies like Facebook, Google, and Yahoo, told BuzzFeed News. ”It’s making Illinois a technology desert.”
The Uniform Law Commission (ULC) has attempted to bring clarity to 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.