If a deceased user consented or a court directs disclosure of the contents of electronic communications of the deceased 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 representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a copy of the death certificate of the user;
(3) a copy of letters testamentary, letters of administration, or court order;
(4) 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
(5) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A);
(ii) 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;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Structure Code of Alabama
Title 19 - Fiduciaries and Trusts.
Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act
Section 19-1A-1 - (Effective January 1, 2018) Short Title.
Section 19-1A-2 - (Effective January 1, 2018) Definitions.
Section 19-1A-3 - (Effective January 1, 2018) Applicability.
Section 19-1A-4 - (Effective January 1, 2018) User Direction for Disclosure of Digital Assets.
Section 19-1A-5 - (Effective January 1, 2018) Terms-of-Service Agreement.
Section 19-1A-6 - (Effective January 1, 2018) Procedure for Disclosing Digital Assets.
Section 19-1A-8 - (Effective January 1, 2018) Disclosure of Other Digital Assets of Deceased User.
Section 19-1A-10 - (Effective January 1, 2018) Disclosure of Other Digital Assets of Principal.
Section 19-1A-15 - (Effective January 1, 2018) Fiduciary Duty and Authority.
Section 19-1A-16 - (Effective January 1, 2018) Custodian Compliance and Immunity.
Section 19-1A-17 - (Effective January 1, 2018) Uniformity of Application and Construction.