53-13-13. Deceased giving consent or court order for disclosure by custodian to personal representative.

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 personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian:

A written request for disclosure in physical or electronic form;#

A certified copy of the death certificate of the user;#

A certified copy of the letters testamentary, letters of administration, or other letters of appointment of the personal representative;#

Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and#

If requested by the custodian:#

1. (A)

   A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;#

2. (B)

   Evidence linking the account to the user; or#

3. (C)

   A finding by the court that:#

   1. (i)

      The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph;#

   2. (ii)

      Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701, in effect on January 1, 2018; 47 U.S.C. Section 222, in effect on January 1, 2018; or other applicable law;#

   3. (iii)

      Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or#

   4. (iv)

      Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.#