395A.040 User direction for disclosure of digital assets

395A.040 User direction for disclosure of digital assets.

(1) A user may use an online tool to direct the custodian to disclose to a designated

recipient or not to disclose some or all of the user's digital assets, including the

content of electronic communications. 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.

(2) If a user has not used an online tool to give direction under subsection (1) of this

section or if the custodian has not provided an online tool, the user may allow or

prohibit in a will, trust, power of attorney, or other record, 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.

(3) A user's direction under subsection (1) or (2) of this section overrides a contrary

provision in a terms-of-service agreement that does not require the user to act

affirmatively and distinctly from the user's assent to the terms of service.