HLS 14RS-114 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 287
BY REPRESENTATIVE THOMPSON
SUCCESSIONS: Provides for the administration of a digital account of a deceased minor
AN ACT1
To enact R.S. 9:1518, relative to the administration of digital accounts of a deceased minor;2
to provide for definitions; to authorize access to certain records; to provide for3
exceptions; to provide for limitations of certain actions; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:1518 is hereby enacted to read as follows: 7
ยง1518. Administration of digital accounts; definitions; authority; provision of8
records; exceptions; limitation of actions9
A. As used in this Section, unless the context clearly indicates otherwise:10
(1) "Digital account" means an electronic account maintained, managed,11
controlled, or operated by a minor in accordance with a terms of service agreement12
legally executed by such minor and includes blogging, e-mail, multimedia, personal,13
social networking, and other online accounts or comparable items as technology14
develops. "Digital account" excludes contracts of deposit of funds between a15
depositor and a financial institution, financial institution holding company, or16
affiliate or subsidiary of a financial institution.17
(2) "Personal representative" means the executor or the administrator of the18
estate of the decedent, whether testate or intestate, and any person who is put in19
possession of the digital account by order of the court.20 HLS 14RS-114 ORIGINAL
HB NO. 287
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CODING: Words in struck through type are deletions from existing law; words underscored
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(3) "Terms of service agreement" means any legally executed agreement that1
controls a relationship between a minor and any person or entity that maintains,2
manages, or supervises a digital account of a minor.3
B. A personal representative of a deceased minor who was domiciled in this4
state at the time of his death may assume the deceased minor's terms of service5
agreement for a digital account with an Internet service provider, communications6
service provider, or other online account service provider for purposes of consenting7
to and obtaining the disclosure of the contents of the deceased minor's8
communications and subscriber records pursuant to 18 U.S.C. 2702, unless such9
access is contrary to the express provisions of a testament, trust instrument, power10
of attorney, or court order. Such access shall be subject to the same license,11
restrictions, or legal obligations of the deceased minor.12
C. An Internet service provider, communications service provider, or other13
online account service provider shall provide to the personal representative access14
to the deceased minor's communications and subscriber records pursuant to15
Subsection B of this Section within sixty days from the receipt of a written request16
for such access by the personal representative and a copy of the death certificate of17
the deceased minor. If the Internet service provider, communications service18
provider, or other online account service provider receives notice of a claim or19
dispute regarding providing access to the deceased minor's communications and20
subscriber records pursuant to this Subsection, such provider is not required to21
comply with any written request received pursuant to this Subsection until a final22
nonappealable judgment is rendered by a court of competent jurisdiction determining23
the rights in or entitlement to any content in the deceased minor's digital account.24
D. Nothing in this Section shall be construed to require an Internet service25
provider, communications service provider, or other online account service provider26
to disclose any information in violation of any applicable state or federal law.27 HLS 14RS-114 ORIGINAL
HB NO. 287
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are additions.
E. No person may maintain a cause of action against an Internet service1
provider, communications service provider, or other online account service provider2
for acting in compliance with this Section.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Thompson HB No. 287
Abstract: Provides for the access to and administration of a digital account of a deceased
minor.
Proposed law defines "digital account", "personal representative", and "terms of service
agreement".
Proposed law provides that a personal representative of a deceased minor who was
domiciled in this state at the time of his death may assume the deceased minor's terms of
service agreement for a digital account with an Internet service provider, communications
service provider, or other online account service provider consistent with 18 U.S.C. 2702,
which provides for the voluntary disclosure of customer communications.
Proposed law shall not apply if such access is contrary to the express provisions of a
testament, trust instrument, power of attorney, or court order.
Proposed law provides that an Internet, communications, or other online account service
provider shall provide to the personal representative access to the deceased minor's
communications and records pursuant to proposed law within 60 days from the receipt of a
written request for such access by the personal representative and a copy of the death
certificate of the deceased minor.
Proposed law provides that if the Internet, communications, or other online account service
provider receives notice of a claim or dispute, such provider is not required to comply with
any written request received pursuant to proposed law until a final nonappealable judgment
is rendered by a court of competent jurisdiction.
Provides that nothing in proposed law shall be construed to require an Internet,
communications, or other online account service provider to disclose any information in
violation of any applicable state or federal law.
(Adds R.S. 9:1518)