Tag Archives: accessing

Update on Whether It’s a Crime for Fiduciaries to Access a Decedent’s Online Accounts

I’ve written previously that using an incapacitated or deceased person’s passwords to access that person’s online accounts may not be permitted under the Web service’s Terms of Service contract, and it might even be construed as “unauthorized access” under a … Continue reading

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IRS Chief Counsel Advises IRS Agent Not to Request Taxpayer E-Mail Contents From ISP

In IRS Chief Counsel Advice 201141017, an IRS agent tried to obtain a taxpayer’s e–mail contents from the taxpayer’s Internet Service Provider (ISP) without a warrant. The taxpayer’s ISP refused the IRS agent’s request, citing provisions of the Stored Communications … Continue reading

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Difficulties in Accessing Employer E-mail Accounts

A fiduciary1 or family member may run into difficulties in trying to access the e–mails from an incapacitated or deceased person’s employer. The employer may claim that the employee did not own the e–mails under the company’s electronic resources policy. … Continue reading

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