Delaware Bill Seeks to Resolve Issue of Access to Digital Assets after Death

Delaware Public Media reports that the Delaware General Assembly is considering a new bill that would give estate executors access to the deceased's digital accounts. The bill, introduced by Rep. Darryl Scott (D-Dover), would require Internet companies to surrender control of a user's accounts to persons named in the user's will. The companies would have 30 days to grant access after receiving an executor's request, or they would face civil penalties.

The bill would prevent digital assets from being lost by Internet providers deactivating accounts after a user's death and against the user's wishes.

In response to privacy concerns, Rep. Scott emphasized that the proposed bill has built in safeguards. "People can designate assets that they don’t want to be included as part of their estate,” Scott said. So if you don't want people to read your email after you die, you can exclude the account from your estate.

If approved, the Delaware bill will be the first comprehensive law of its kind. Seven other states grant different levels of access.