Court rules man must be given access to husband's iCloud photos

guest · Jan 27, 2019

Court rules man must be given access to husband's iCloud photos
January 27, 2019
https://appleinsider.com/articles/1...ust-be-given-access-to-husbands-icloud-photos

Nicholas Scandalios has so far been locked out of the Apple ID belonging to his husband, Ric Swezey, who was killed in an accident two years ago, according to MarketWatch. Apple hasn't been outright fighting the request, but did insist that Scandalios obtain a court order.
"Apple shall afford the opportunity to reset the password to [Swezey's] Apple ID," Surrogate Judge Rita Mella wrote in her ruling.

Complicating the situation is that Swezey's will didn't contain language authorizing access. Mella's opinion stated that the photos weren't a form of "electronic communication" requiring proof of consent or even a court order, which could help build precedent against Apple's position.

Most U.S. states — New York included — now have laws giving an estate's executor default access to all material stored locally on a device, but requiring a will or court order for anything kept in cloud storage.
Among the only exceptions are Oklahoma, Louisiana, Pennsylvania, Massachusetts, New Hampshire, and Kentucky, as well as Delaware, which transfers access to all digital content.
Click to expand...

Ruling (PDF): http://nycourts.gov/reporter/pdfs/2019/2019_30113.pdf

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