Uniform Law Commission’s Drafting Committee on Fiduciary Access to Digital Assets

The Uniform Law Commission has appointed a Drafting Committee to address the issue of Fiduciary Access to Digital Assets, and its first meeting will be November 30 and December 1, 2012, in Minneapolis, Minnesota. The ULC studies and reviews state laws to determine which laws should be uniform among the states, and, when appropriate, they draft and propose statutory language to promote uniformity.

In May 2011, my colleague Gene Hennig and I submitted to the ULC a Project Proposal for a uniform law to grant fiduciaries specific powers and authority regarding an individual’s online accounts and digital property during incapacity and after death. Although I am not a commissioner, I have been actively involved in this ULC process as an observer.

In January 2012, the ULC appointed a Study Committee to consider the issue of Fiduciary Access to Digital Assets. That Study Committee presented its final report at the July 2012 ULC annual meeting.

On July 17, 2012, the ULC appointed a Drafting Committee to prepare a uniform law on Fiduciary Access to Digital Assets. As I mentioned above, the first meeting of the Drafting Committee will be held on November 30 and December 1, 2012, in Minneapolis, Minnesota. The second meeting of the Drafting Committee is scheduled for February 15–16, 2013, in Washington, D.C.

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