US Lawyer Database

Section 15-603 – Direction to Disclose Information

    (a)    (1)    A user may use an online tool to direct a custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.         (2)    If the online tool allows the user to modify or delete a direction at any […]

Section 15-604 – Right to Access Digital Assets

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

Section 15-605 – Disclosure of Digital Assets

    (a)    When disclosing the digital assets of a user under this subtitle, a custodian may in 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 recipient is […]

Section 15-606 – Deceased Users — Disclosures to Personal Representative

    If a deceased user consented to or a court directs the disclosure of the contents of electronic communications of the user, a custodian shall disclose to the personal representative of the user’s estate the content of an electronic communication sent or received by the user if the personal representative provides the custodian:         (1)    A written request […]

Section 15-608 – Disclosures by Custodian by Agent; Requirements

    To the extent that a power of attorney expressly grants an agent 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 agent the content if the agent provides the custodian:         (1)    A written request for disclosure […]