US Lawyer Database

Section 55-19-10 – Disclosure of other digital assets of principal.

55-19-10. Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or […]

Section 55-19-2 – Applicability generally.

55-19-2. Applicability generally. The provisions of this chapter apply to: (1)Any fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017; (2)Any personal representative acting for a decedent who died before, on, or after July 1, 2017; (3)Any conservatorship proceeding commenced before, on, or after July 1, 2017; […]

Section 55-19-4 – User direction for disclosure of digital assets.

55-19-4. User direction for disclosure of digital assets. Any user may utilize an online tool to direct a custodian to disclose or not to disclose to a designated recipient some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a […]

Section 55-19-5 – Terms-of-service agreement.

55-19-5. Terms-of-service agreement. This chapter does not change or impair the right of any custodian or user under a terms-of-service agreement to access and use digital assets of the user. 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 […]

Section 55-19-1 – Definitions.

55-19-1. Definitions. Terms used in this chapter mean: (1)”Account,” any arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user; (2)”Agent,” any attorney-in-fact granted authority under a power of attorney pursuant to chapter 59-12 or nondurable […]