Disclosure of other digital assets of deceased user.

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(1) Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of 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-estateaffidavit or court order; and

  4. If requested by the custodian:

  1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

  2. Evidence linking the account to the user;

  3. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or (IV) A finding by the court that:

  1. The user had a specific account with the custodian, identifiable by the informationspecified in subparagraph (I) of this paragraph (d); or

  2. Disclosure of the user's digital assets is reasonably necessary for administration ofthe estate.

Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 184, § 1, effective August 10.


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