(2) An order under subsection (1) of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. 2702.
(3) A custodian may notify the user that a request for disclosure or to terminate an account was made under ORS 119.006 to 119.081.
(4) A custodian may deny a request under ORS 119.006 to 119.081 from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
(5) ORS 119.006 to 119.081 do not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination to obtain a court order that:
(a) Specifies that an account belongs to the protected person or principal;
(b) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(c) Contains a finding required by law other than under ORS 119.006 to 119.081.
(6) A custodian and the custodian’s officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with ORS 119.006 to 119.081. [2016 c.19 §16]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 119 - Revised Uniform Fiduciary Access to Digital Assets Act
Section 119.006 - Definitions for ORS 119.006 to 119.081.
Section 119.011 - Authority of custodian.
Section 119.016 - Use of online tool to direct disclosure.
Section 119.021 - Disclosure of contents of electronic communications to personal representative.
Section 119.026 - Disclosure of catalog of electronic communications to personal representative.
Section 119.056 - Disclosure to conservator; court order.
Section 119.062 - Duties and authority of fiduciary.
Section 119.071 - Rights of custodians, users, fiduciaries and designated recipients.