Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
A. a written request for disclosure in physical or electronic form;
B. an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
C. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
D. if requested by the custodian:
(1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2) evidence linking the account to the principal.
History: Laws 2017, ch. 72, § 10.
Effective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 10 effective January 1, 2018.
Structure New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 13 - Revised Uniform Fiduciary Access to Digital Assets
Section 46-13-1 - Short title.
Section 46-13-2 - Definitions.
Section 46-13-3 - Applicability.
Section 46-13-4 - User direction for disclosure of digital assets.
Section 46-13-5 - Terms-of-service agreement.
Section 46-13-6 - Procedure for disclosing digital assets.
Section 46-13-7 - Disclosure of content of electronic communications of deceased user.
Section 46-13-8 - Disclosure of other digital assets of a deceased user.
Section 46-13-9 - Disclosure of content of electronic communications of principal.
Section 46-13-10 - Disclosure of other digital assets of principal.
Section 46-13-11 - Disclosure of digital assets held in trust when trustee is an original user.
Section 46-13-14 - Disclosure of digital assets to conservator of a protected person.
Section 46-13-15 - Fiduciary duty and authority.
Section 46-13-16 - Custodian compliance and immunity.
Section 46-13-17 - Uniformity of application and construction.
Section 46-13-18 - Relation to Electronic Signatures in Global and National Commerce Act.