32-39-2-1. User Direction Concerning Disclosure of Digital Asset
Sec. 1. (a) A user may use an online tool to direct the custodian that carries, maintains, processes, receives, or stores the user’s digital assets: (1) to disclose; or (2) not to disclose; some or all of the user’s digital assets, including the content of electronic communications to a designated recipient. If the online tool […]
32-39-2-2. Rights of Custodian, User, and Fiduciary or Designated Recipient Under Terms-of-Service Agreement; Modification or Elimination of Fiduciary’s Access
Sec. 2. (a) This article does not change or impair a right of: (1) a custodian; or (2) a user; under a terms-of-service agreement to access and use digital assets of the user. (b) This article does not give a fiduciary or designated recipient any new or expanded rights other than the rights held by […]
32-39-2-3. Custodian’s Disclosure of User’s Digital Assets
Sec. 3. (a) When disclosing digital assets of a user under this chapter, the custodian, at the custodian’s sole discretion, may: (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 […]
32-39-2-4. Disclosure to Personal Representative of Content of Deceased User’s Electronic Communication
Sec. 4. If a deceased user consented to, 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 personal representative gives the custodian […]
32-39-2-5. Disclosure to Personal Representative of Deceased User’s Other Digital Assets
Sec. 5. Unless the user prohibited disclosure of the user’s digital assets or a court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the […]
32-39-2-6. Disclosure to Principal’s Attorney in Fact of Content of Principal’s Electronic Communications
Sec. 6. To the extent that a power of attorney expressly grants an attorney in fact authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or a court, a custodian shall disclose to the principal’s attorney in fact the content of the electronic communications […]
32-39-2-7. Disclosure to Principal’s Attorney in Fact of Principal’s Other Digital Assets
Sec. 7. Unless otherwise ordered by a court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an attorney in fact having specific authority over the principal’s digital assets or general authority to act on behalf of the principal a catalogue of electronic communications sent or received by […]
32-39-2-8. Disclosure of Digital Assets Held in Trust to Trustee That Is an Original User
Sec. 8. Unless otherwise ordered by a court or provided in the trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account that is held in trust, including: (1) a catalogue of electronic communications of the trustee; and (2) the content of the […]
32-39-2-9. Disclosure of Contents of Electronic Communications Held in Trust to Trustee That Is Not an Original User
Sec. 9. Unless otherwise ordered by a court, directed by the user, or provided in the trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original user or a successor user and carried, maintained, processed, received, […]
32-39-2-10. Disclosure of Other Digital Assets Held in Trust to Trustee That Is Not an Original User
Sec. 10. Unless otherwise ordered by the court, directed by the user, or provided in the trust, a custodian shall disclose, to a trustee that is not an original user of the account, a catalogue of electronic communications sent or received by an original user or successor user and stored, carried, or maintained by the […]