MODEL DIGITAL ASSETS LAW COMING IN A WAVE

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Nearly two years has gone by since the Uniform Law Commission approved a model, uniform state law to give personal representatives of the deceased access to their online accounts.  Now, all of a sudden, the states seem to be trying to enact the law all at once.

Last year, 26 states introduced the Uniform Fiduciary Access to Digital Assets Act (UFADAA) in its original version, but none adopted it. This year, 26 states have so far introduced a version that was substantially revised to address privacy-based concerns voiced by industry groups and privacy advocates.

On March 3, Oregon Gov. Kate Brown (D) signed the UFADAA into law in her state, prompting a wave of enactments across the country.

On March 7, Wyoming became the second state to enact the UFADAA, followed by Tennessee the next day. Two days after that, Florida become the fourth state to enact it. And it’s not over yet.

Legislation in Indiana and Washington has passed both houses of those states’ legislatures and await their governors’ signatures.  The UFADAA has also passed the Iowa Senate, the Michigan House, the Utah House and the Wisconsin House. Number five can’t be far off.