47-36-03. User direction for disclosure of digital assets

47-36-03. 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 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 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.