Date: 08/05/2015
Final
2.b.i. Uniform Fiduciary Access to Digital Assets Act
COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
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10:28 AM -- 2.b.i. Uniform Fiduciary Access to Digital Assets Act
10:28 AM -- Steve Brainerd, CBA Trusts & Estates Section, stated that the section remains supportive of the act and has formed a working committee comprised of attorneys from the various CBA sections to help review and re-vet the act as it does also impact other areas of law. The commission thanked the CBA for their assistance last year and Commissioner Keyser for sponsoring the bill. The ULC had expected last year’s act to be well-received by the states, however, it was introduced in 27 states and only adopted in one. This should not be considered a failure, just part of the trials of adjusting the law to evolving technology.
10:39 AM -- Victoria Bantz, CBA Business Law Section, stated that the section does not believe that the act's amendments address their concerns from last year. They feel that some definitions remain overly broad and could be construed to include business entities.
10:41 AM -- Stanley C. Kent, former CCUSL Commissioner and member of the act's drafting committee, outlined some of the changes in this version of the act. The fiduciary will be able to get access to the "envelope" of digital information (i.e., can find out who communicated with the decedent) but not the content of specific communications. Facebook and other internet providers will be supporting the act as well as the ACLU (American Civil Liberties Union). The commission suggested the CBA committee include Mr. Kent in discussions and meetings to help answer questions and expedite the vetting process.