Disclosure of other digital assets of deceased user

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Unless the user prohibited disclosure of digital assets or the Superior Court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue 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-estate affidavit or court order; and

(4) 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;

(C) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

(D) A finding by the Superior Court that:

(i) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or

(ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)


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