2022 New York Laws
EPT - Estates, Powers and Trusts
Article 13-A - Administration of Digital Assets Summary of Article
Part 3 - Disclosure of Digital Assets to Fiduciary
13-A-3.1 - Disclosure of Content of Electronic Communications of Deceased User
§ 13-A-3.1 Disclosure of content of electronic communications of
deceased user
If a deceased user consented or a court directs disclosure of the
contents of electronic communications of the user, the custodian shall
disclose to the executor, administrator or personal representative of
the estate of the user the content of an electronic communication sent
or received by the user if the executor, administrator or representative
gives the custodian: (a) a written request for disclosure in physical or electronic form;
(b) a copy of the death certificate of the user;
(c) a certified copy of the letter of appointment of the executor,
administrator, or personal representative or a small-estate affidavit or
court order;
(d) unless the user provided direction using an online tool, a copy of
the user's will, trust, or other record evidencing the user's consent to
disclosure of the content of electronic communications; and
(e) if requested by the custodian:
(1) a number, username, address, or other unique subscriber or account
identifier assigned by the custodian to identify the user's account;
(2) evidence linking the account to the user; or
(3) a finding by the court that:
(A) the user had a specific account with the custodian, identifiable
by the information specified in subparagraph (1);
(B) disclosure of the content of electronic communications of the user
would not violate 18 U.S.C. section 2701 et seq., as amended, 47 U.S.C.
section 222, as amended, or other applicable law;
(C) unless the user provided direction using an online tool, the user
consented to disclosure of the content of electronic communications; or
(D) disclosure of the content of electronic communications of the user
is reasonably necessary for administration of the estate.
