Disclosure of electronic communications content of
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OK Code › Title 58 › Section 58-3107
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deceased user.
If a deceased user consented or a court directs disclosure of
the contents of electronic communications of the user, the custodian
shall disclose to the personal representative of the estate of the
user the content of an electronic communication sent or received by
the user if the representative gives the custodian:
1. A written request for disclosure in physical or electronic
form;
2. A certified copy of the death certificate of the user;
3. A certified copy of the letter of appointment of the
representative or a small-estate affidavit or court order;
Oklahoma Statutes - Title 58. Probate Procedure Page 197
4. Unless the user provided direction using an online tool, a
copy of the user's will, trust, power of attorney, or other record
evidencing the user's consent to disclosure of the content of
electronic communications; and
5. If requested by the custodian:
a. a number, username, address, or other unique
subscriber or account identifier assigned by the
custodian to identify the user's account,
b. evidence linking the account to the user, or
c. a finding by the court that:
(1) the user had a specific account with the
custodian, identifiable by the information
specified in subparagraph a of paragraph 5 of
this section,
(2) disclosure of the content of electronic
communications of the user would not violate 18
U.S.C., Section 2701 et seq., 47 U.S.C., Section
222, or other applicable law,
(3) unless the user provided direction using an
online tool, the user consented to disclosure of
the content of electronic communications, or
(4) disclosure of the content of electronic
communications of the user is reasonably
necessary for administration of the estate.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.