711.01 – Short title.
711.01 Short title. This chapter may be cited as the Wisconsin Digital Property Act. History: 2015 a. 300.
711.02 – Liberal construction.
711.02 Liberal construction. This chapter is remedial in nature and shall be liberally construed, consistent with s. 711.14. History: 2015 a. 300.
711.03 – Definitions.
711.03 Definitions. In this chapter: (1) “Account” means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a user’s digital property or provides goods or services to the user. (2) “Agent” means a person granted authority to act under a durable or nondurable power of attorney. […]
711.04 – Priorities; user directions for disclosure of digital property.
711.04 Priorities; user directions for disclosure of digital property. (1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital property, including the content of electronic communications. If the online tool allows the user to modify or […]
711.05 – Disclosure of digital property; personal representative of a deceased user.
711.05 Disclosure of digital property; personal representative of a deceased user. (1) Digital property other than content of electronic communications. Unless a user prohibited disclosure of digital property or the court directs otherwise, a custodian shall disclose to the personal representative of the deceased user’s estate a catalogue of electronic communications sent or received by […]
711.06 – Disclosure of digital property; agent under a power of attorney.
711.06 Disclosure of digital property; agent under a power of attorney. (1) Disclosure of digital property other than content of electronic communications; principal. Unless otherwise ordered by the court, directed by the principal, or provided in a power of attorney, a custodian shall disclose to an agent with specific authority over the principal’s digital property […]
711.07 – Disclosure of digital property held in trust.
711.07 Disclosure of digital property held in trust. (1) Disclosure of digital property held in trust; trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee who is an original user of an account any digital property of the account that is held […]
711.08 – Disclosure of digital property; conservator or guardian of protected person.
711.08 Disclosure of digital property; conservator or guardian of protected person. (1) After an opportunity for a hearing under s. 54.10, the court may grant a guardian access to the digital property of a protected person. (2) After an opportunity for a hearing under s. 54.76, the court may grant a conservator access to the […]
711.09 – Choice of methods for disclosing digital property; custodian.
711.09 Choice of methods for disclosing digital property; custodian. (1) When disclosing digital property of a user under this chapter, the custodian may in its sole discretion provide a fiduciary or designated recipient with any of the following: (a) Full access to the user’s account. (b) Partial access to the user’s account that is sufficient […]
711.10 – Custodian compliance and immunity.
711.10 Custodian compliance and immunity. (1) Not later than 60 days after receipt of the information required under ss. 711.05 to 711.08 or 711.12 (7) or an online tool, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital property or terminate an account. If the […]
711.11 – Terms of service agreement.
711.11 Terms of service agreement. (1) This chapter does not change or impair the rights of a custodian or a user under a terms of service agreement to access and use digital property of the user. (2) This chapter does not give a fiduciary or designated recipient rights other than the rights held by the […]
711.12 – Fiduciary duty and authority.
711.12 Fiduciary duty and authority. (1) The legal duties imposed on a fiduciary with the authority to manage tangible property apply to a fiduciary’s management of digital property. (2) (a) A fiduciary’s or designated recipient’s authority with respect to a user’s digital property may not be used to impersonate the user and is subject to […]
711.13 – Marital property classification of digital property.
711.13 Marital property classification of digital property. Chapter 766 governs the classification of digital property of a user who is married. History: 2015 a. 300.
711.14 – Uniformity of application and construction.
711.14 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. History: 2015 a. 300.
711.15 – Relation to Electronic Signatures in Global and National Commerce Act.
711.15 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of […]
711.16 – Applicability.
711.16 Applicability. (1) This chapter applies to all of the following: (a) A fiduciary acting under a will or power of attorney executed before, on, or after April 1, 2016. (b) A personal representative acting for a decedent who died before, on, or after April 1, 2016. (c) A guardianship or conservatorship proceeding, whether pending […]