§58-3107. Disclosure of electronic communications content of

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

deceased user.

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:

1. A written request for disclosure in physical or electronic form;

2. A certified copy of the death certificate of the user;

3. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order;

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:

a. a number, username, address, or other unique

subscriber or account identifier assigned by the

custodian to identify the user's account,

b. evidence linking the account to the user, or

c. a finding by the court that:

(1)the user had a specific account with the

custodian, identifiable by the information

specified in subparagraph a of paragraph 5 of

this section,

(2)disclosure of the content of electronic

communications of the user would not violate 18

U.S.C., Section 2701 et seq., 47 U.S.C., Section

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. Added by Laws 2024, c. 115, § 7, eff. Nov. 1, 2024.