(1) 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 catalog 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:
(I) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(II) Evidence linking the account to the principal.
Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 185, � 1, effective August 10.
15-1-1511. Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications.
Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 186, � 1, effective August 10.
15-1-1512. Disclosure of contents of electronic communications held in trust when trustee not original user. (1) Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the trust instrument or a registration of the trust under part 2 of article 5 of this title 15 that includes consent to disclosure of the content of electronic communications to the trustee;
(c) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(d) If requested by the custodian:
(I) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(II) Evidence linking the account to the trust.
Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 186, � 1, effective August 10. L. 2018: (1)(b) amended, (SB 18-180), ch. 169, p. 1192, � 6, effective January 1, 2019.
15-1-1513. Disclosure of other digital assets held in trust when trustee not original user. (1) Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the trust instrument or a registration of the trust under part 2 of article 5 of this title 15;
(c) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(d) If requested by the custodian:
(I) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(II) Evidence linking the account to the trust.
Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 186, � 1, effective August 10. L. 2018: (1)(b) amended, (SB 18-180), ch. 169, p. 1192, � 7, effective January 1, 2019.