(a) Use of online tool.--
(1) A user may use an online tool to direct the custodian to disclose or not disclose some or all of the user's digital assets, including the content of electronic communications.
(2) If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.
(b) Nonuse of online tool.--If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may, in a will, trust, power of attorney or other record, allow or prohibit disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c) User's direction.--A user's direction under subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement which does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
Cross References. Section 3904 is referred to in sections 3905, 3915 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 39 - Uniform Fiduciary Access to Digital Assets
Section 3901 - Short title of chapter
Section 3904 - User direction for disclosure of digital assets
Section 3905 - Terms-of-service agreement
Section 3906 - Procedure for disclosing digital assets
Section 3907 - Disclosure of content of electronic communications of deceased user
Section 3908 - Disclosure of other digital assets of deceased user
Section 3909 - Disclosure of content of electronic communications of principal
Section 3910 - Disclosure of other digital assets of principal
Section 3911 - Disclosure of digital assets held in trust when trustee is original user
Section 3913 - Disclosure of other digital assets held in trust when trustee not original user
Section 3914 - Disclosure of digital assets to guardian of the estate
Section 3915 - Fiduciary duty and authority
Section 3916 - Custodian compliance and immunity
Section 3917 - Uniformity of application and construction
Section 3918 - Relation to Electronic Signatures in Global and National Commerce Act