US Lawyer Database

§ 1314. Disclosure of digital assets to guardian of ward or protected person

(a) After an opportunity for a hearing under the guardianship law of this territory, the court may grant a guardian access to the digital assets of a ward or protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications […]

§ 1315. Fiduciary duty and authority

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (1) except […]

§ 1316. Custodian compliance and immunity

(a) Not later than 60 days after receipt of the information required under sections 1307 through 1315 of this chapter, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient […]

§ 1303. Applicability

(a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter; (2) a personal representative acting for a decedent who died before, on, or after the effective date of this chapter; (3) a guardianship proceeding commenced before, on, or […]

§ 1304. User direction for disclosure of digital assets

(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure […]

§ 1305. Terms of service agreement

(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or […]

§ 1306. Procedure for disclosing digital assets

(a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated […]

§ 1307. 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 personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian: (1) a written request […]