Planning for Digital Assets

In May 2013, the Massachusetts Appeals Court decided the case of Ajemian v. Yahoo, Inc. The case involved the administrators of an estate seeking access to an email account. The administrators argued that an email account is property of the estate and, accordingly, the administrators should have access to it as they would any other property. Yahoo argued that a federal law, the Stored Communications Act, barred access to the emails because the SCA prohibits divulging the content of electronic communications without the account holder’s authorized consent. read more