§10-108. Disclosure of other digital assets of deceased user
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: [PL 2019, c. 417, Pt. A, §107 (NEW).]
1. Written request. A written request for disclosure in physical or electronic form;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2. Death certificate. A copy of the death certificate of the user;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3. Letters of appointment or court order. A copy of the letters of appointment of the personal representative or court order; and
[PL 2019, c. 417, Pt. A, §107 (NEW).]
4. Information requested by custodian. 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; [PL 2019, c. 417, Pt. A, §107 (NEW).]
B. Evidence linking the account to the user; [PL 2019, c. 417, Pt. A, §107 (NEW).]
C. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or [PL 2019, c. 417, Pt. A, §107 (NEW).]
D. A finding by the court that:
(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph A; or
(2) Disclosure of the user's digital assets is reasonably necessary for administration of the estate. [PL 2019, c. 417, Pt. A, §107 (NEW).]
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).