(1) A user may use an on-line tool to direct the custodian to disclose to a designated
recipient or to not disclose some or all of the user's digital assets, including the
content of electronic communications. If the on-line tool allows the user to modify or delete a direction at all times,
a direction regarding disclosure using an on-line tool overrides a contrary direction
by the user in a will, trust, power of attorney, or other record.
(2) If a user has not used an on-line tool to give direction under subsection (1)
of this section or if the custodian has not provided an on-line 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.
(3) A user's direction under subsection (1) or (2) of this section 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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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