New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 13-A-3.1 Disclosure of content of electronic communications of deceased user




If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the executor, administrator or personal representative of the estate of the user the content of an electronic communication sent or received by the user if the executor, administrator or representative gives the custodian:

(a) a written request for disclosure in physical or electronic form;

(b) a copy of the death certificate of the user;

(c) a certified copy of the letter of appointment of the executor, administrator, or personal representative or a small-estate affidavit or court order;

(d) unless the user provided direction using an online tool, a copy of the user's will, trust, or other record evidencing the user's consent to disclosure of the content of electronic communications;  and

(e) if requested by the custodian:

(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(2) evidence linking the account to the user;  or

(3) a finding by the court that:

(A) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (1);

(B) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. section 2701 et seq., as amended, 47 U.S.C. section 222, as amended, or other applicable law;

(C) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications;  or

(D) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.


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