## Facts

- John G. Ajemian died intestate in 2006, leaving a Yahoo e-mail account and no instructions about the account’s treatment after death.
- Marianne and Robert Ajemian, John’s siblings, were appointed co-administrators (personal representatives) of his estate.
- The personal representatives sought access to the contents of John’s Yahoo e-mails to notify contacts and identify assets for estate administration.
- Yahoo refused to disclose message contents, asserting the federal Stored Communications Act (SCA) barred disclosure and that its Terms of Service (TOS) gave it discretion to deny access and discard user content.
- Yahoo provided limited non-content “header” information but continued to withhold message contents.
- The personal representatives sued in the Massachusetts Probate and Family Court seeking access.

## Issues

1. Whether the SCA prohibits a provider from voluntarily disclosing a decedent’s e-mail contents to the estate’s personal representatives, or instead permits disclosure based on the representatives’ “lawful consent” on the decedent’s behalf.
2. Whether Yahoo was entitled to summary judgment on the ground that its TOS contractually authorized it to deny access or delete content.

## Decision

- The Supreme Judicial Court of Massachusetts set aside summary judgment for Yahoo and remanded.
- The court held the SCA did not bar disclosure because the personal representatives could provide “lawful consent” under 18 U.S.C. § 2702(b)(3) on the decedent’s behalf.
- The court held summary judgment was also improper on the TOS theory because material factual disputes remained regarding contract formation and enforceability.

## Legal Principles

- Under 18 U.S.C. § 2702(b)(3), an electronic communications service provider may disclose the contents of communications with the “lawful consent” of the originator (or specified recipients); a decedent’s personal representatives may supply that lawful consent on the decedent’s behalf.
- The SCA’s disclosure exceptions are permissive (“may divulge”), not compulsory; the statute removes a federal prohibition when an exception applies but does not itself require disclosure.
- Because the SCA permits disclosure upon lawful consent, it does not preempt state-law claims that seek disclosure in those circumstances.
- A provider’s reliance on online service terms to defeat an estate’s access request turns on state contract law; summary judgment is improper where material facts remain as to notice, assent, and enforceability (including unconscionability or public policy limits).

## Conclusion

The court held that the SCA allows voluntary disclosure of a decedent’s e-mail contents when the estate’s personal representatives provide lawful consent, and it required further proceedings to resolve disputed factual questions about whether Yahoo’s service terms validly authorized refusal or deletion.


Ajemian v. Yahoo!, Inc., 84 N.E.3d 766 (Mass. 2017)