If a deceased user consented to or a court directs the disclosure of the contents of electronic communications of the user, a custodian shall disclose to the personal representative of the user’s estate the content of an electronic communication sent or received by the user if the personal representative provides the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A copy of the certificate of the user’s death;
(3) A copy of the letters of administration of the personal representative or court order appointing a special administrator;
(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:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(ii) Evidence linking the account to the user; or
(iii) A finding by the court that:
1. The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item;
2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701, et seq., 47 U.S.C. § 222, or other applicable law;
3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
4. Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Structure Maryland Statutes
Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act
Section 15-603 - Direction to Disclose Information
Section 15-604 - Right to Access Digital Assets
Section 15-605 - Disclosure of Digital Assets
Section 15-606 - Deceased Users -- Disclosures to Personal Representative
Section 15-608 - Disclosures by Custodian by Agent; Requirements
Section 15-609 - Disclosures by Custodian by Agent -- Catalogue of Electronic Communications
Section 15-610 - Disclosure of Digital Assets of Account Held in Trust -- to Original User Trustee
Section 15-613 - Disclosures to Guardians of Protected Persons
Section 15-614 - Rights and Duties of Fiduciaries
Section 15-617 - Construction With Federal Electronic Signatures in Global and National Commerce Act