An Act for uniform fiduciary access to digital assets

HD 2379 establishes a Massachusetts law enabling fiduciaries (such as executors, conservators, or agents) to access a deceased or incapacitated person's digital assets, including emails and photos, based on the user's prior instructions. Users can specify access preferences through an online tool provided by digital services (e.g., email or social media platforms) or in legal documents like a will, and these instructions override any conflicting terms in the service's agreement. The law applies to users who resided in Massachusetts at the time of death or while using the service. It ensures digital service providers follow user preferences without granting fiduciaries new rights beyond what the user authorized.