§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:
[PL 2019, c. 417, Pt. A, §107 (NEW).]
(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).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).