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This entry was published on 2016-10-07
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SECTION 13-A-2.2
User direction for disclosure of digital assets
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13-A, PART 2
§ 13-A-2.2 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 of 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 using an online tool overrides a
contrary direction by the user in a will, trust, power of attorney, or
other record.

(b) If a user has not used an online tool to give direction under
paragraph (a) or if the custodian has not provided an online tool, the
user may allow or prohibit in a will, trust, power of attorney, or other
record, disclosure to a fiduciary of some or all of the user's digital
assets, including the content of electronic communications sent or
received by the user.

(c) A user's direction under paragraph (a) or (b) overrides a contrary
provision in a terms-of-service agreement that does not require the user
to act affirmatively and distinctly from the user's assent to the terms
of service.