47-36-08. Disclosure of content of electronic communications of principal

47-36-08. Disclosure of content of electronic communications of principal

To the extent a power of attorney expressly grants an agent authority over the content of

electronic communications sent or received by the principal and unless directed otherwise by

the principal or the court, a custodian shall disclose to the agent the content if the agent gives

the custodian:

1. A written request for disclosure in physical or electronic form;

2. An original or copy of the power of attorney expressly granting the agent authority over

the content of electronic communications of the principal;

3. A certification by the agent, under penalty of perjury, that the power of attorney is in

effect; and

4. If requested by the custodian:

a. A number, username, address, or other unique subscriber or account identifier

assigned by the custodian to identify the principal's account; or

b. Evidence linking the account to the principal.