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55 U. Louisville L. Rev. Online 24 (2017)
Your Digital Assets are Your Digital Assets: Why Kentucky Should Address Current Impediments to Fiduciary Access to Digital Assets
Matthew Burnett*
Abstract

When registering for social media and various other websites, the user is almost always prompted to "read" and agree to a terms of service agreement (TOSA). An infinitesimally small number of users actualy read the boiler plater terms in their entirety, likely under the assumption that any violation of the terms would produce, at worst, minimal consequences. However, an incredibly blunt federal statute extists, which federal prosecutors can use to bring federal charges against users who violate these terms of service agreements. This statute, names the computer Fraud and Abuse Act (CFAA), dates back to 1986, and was recently used by federal prosecutors to bring thirteen felony counts against Aaron Swartz for what some believe amounted to "checking out too many books from the library." Aaron Swartz, a co-founder of the website Reddit, committeed suicide as a result of this lengthy litgation process. This note will give detailed background information regarding how digital assets were first dealth with at the legislative level in the Stored Communications Act and Computer Fraud and Abuse Act (SCA and CFAA, respectively). Further, the poorly drafted SCA and CFAA will be used to serve as a backdrop for the current problems facing the digital world and the law. The note will also analyze the revised UFADAA and how it addresses the current gaps in the legal coverage of fiduciary access to digital assets. The note will argue that that the Kentucky General Assembly was wrong to reject its own version of the UFADAA, and that it should adopt the recently revised act immediately. Adoption of the revised act would not radically revolutionize current laws; those laws would merely be supplemented and improved, anda  legal issue which has been undertreated for decades will at last take a step toward resolution. 

* J.D. Candidate, May 2017, Louis D. Brandeis School of Law, University of Louisville.