§ 15-606
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/md/estates-and-trusts/15-606·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§15–606.
If a deceased user consented to or a court directs the disclosure of the contents of electronic communications of the user, a custodian shall disclose to the personal representative of the user’s estate the content of an electronic communication sent or received by the user if the personal representative provides the custodian:
(1)A written request for disclosure in physical or electronic form;
(2)A copy of the certificate of the user’s death;
(3)A copy of the letters of administration of the personal representative or court order appointing a special administrator;
(4)Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(5)If requested by the custodian:
(i)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(ii)Evidence linking the account to the user; or
(iii)A finding by the court that:
1. The user had a specific account with the custodian, identifiable by the information specified in item
(i)of this item;
2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701, et seq., 47 U.S.C. § 222, or other applicable law;
3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
4. Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.