(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or to not disclose some or all of the user's digital assets, including the content of electronic communications. If the on-line tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an on-line tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
If a user has not used an on-line tool to give direction under subsection (1) of thissection or if the custodian has not provided an on-line tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
A user's direction under subsection (1) or (2) of this section overrides a contraryprovision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 182, § 1, effective August 10.