ABA Journal News

October 20, 2017

By Debra Cassens Weiss

 

 

Shutterstock.com.

 

 

Federal law doesn’t prevent Yahoo from releasing a dead man’s emails to the personal representatives of his estate, according to the top court in Massachusetts.

 

The Stored Communications Act doesn’t prevent release of the emails when the personal representatives consent to the disclosure, according to the Massachusetts Supreme Judicial Court. The Boston Globe, Reuters, Law360 (sub. req.) and Masslive.com covered the Oct. 16 decision (PDF).

 

Yahoo could still prevail, however, in its bid to withhold the emails. The next step in the case is for a judge to determine whether Yahoo’s terms of service amounted to an enforceable contract that authorized the company to withhold the emails.

 

The opinion does not explain why the personal representatives—who were the brother and sister of of the decedent, John Ajemian—wanted the emails. Ajemian, who did not have a will, was 43 when he died in a 2006 bike accident.

 

The Stored Communications Act prevents companies that provide services to the public from voluntarily disclosing the contents of stored communications, with some exceptions. The court held that an exception applied; it allows disclosure with the “lawful consent” of an email writer or recipient.

 

Personal representatives lawfully consent on a decedent’s behalf in a variety of circumstances under both federal and common law, the opinion said. Giving a broad construction to the term in the federal law accords with the broad authority given personal representatives, according to the court.

 

Reuters sees the decision as “a notable precedent governing what happens to email after someone dies.” The articles note that trade groups had asked the court to rule for Yahoo.

 

 

http://www.abajournal.com/news/article/federal_law_doesnt_prevent_release_of_dead_mans_email_to_estate_representat