(1) Not later than sixty (60) days after receipt of the information required under sections 15-14-107 through 15-14-115, Idaho Code, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or to terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(2) An order directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
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Terms Used In Idaho Code 15-14-116

  • Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. See Idaho Code 15-14-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Court: means the court in this state having jurisdiction in matters relating to the content of this chapter. See Idaho Code 15-14-102
  • Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Idaho Code 15-14-102
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Idaho Code 15-14-102
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means an original, additional or successor personal representative, conservator, agent or trustee. See Idaho Code 15-14-102
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases or the like. See Idaho Code 15-14-102
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity. See Idaho Code 15-14-102
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Idaho Code 15-14-102
  • Protected person: means an individual for whom a conservator has been appointed. See Idaho Code 15-14-102
  • User: means a person that has an account with a custodian. See Idaho Code 15-14-102
(3) A custodian may notify the user that a request for disclosure of digital assets or account termination was made pursuant to this chapter.
(4) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or account termination if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
(5) This chapter does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination to obtain a court order which:
(a) Specifies that an account belongs to the protected person or principal;
(b) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(c) Contains a finding required by any other applicable law.
(6) A custodian and its officers, employees and agents are immune from liability for an act or omission done reasonably and in good faith compliance with this chapter.