Disclosure of Content of Electronic Communications of Deceased User.

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(1) A written request for disclosure which is in physical or electronic form;

(2) A certified copy of the death certificate of the user;

(3) A certified copy of the letters of administration, the order authorizing a curator or administrator ad litem, the order of summary administration issued pursuant to chapter 735, or other 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. 1. The user had a specific account with the custodian, identifiable by information specified in paragraph (a);

  2. 2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. ss. 2701 et seq., 47 U.S.C. s. 222, or other applicable law;

  3. 3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

  4. 4. Disclosure of the content of electronic communications of the user is reasonably necessary for the administration of the estate.

History.—s. 7, ch. 2016-46.


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