Disclosure of content of electronic communications of deceased user.

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  • (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;
  • (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:
      • (i) the user had a specific account with the custodian, identifiable by the information specified in Subsection (5)(a);
      • (ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Sec. 2701 et seq., 47 U.S.C. Sec. 222, or other applicable law;
      • (iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
      • (iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.




Technically renumbered for proper placement.


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