If a deceased user consented or a superior 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 personal representative gives the custodian

(1) a written request for disclosure in physical or electronic form;
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Terms Used In Alaska Statutes 13.63.040

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the letters testamentary of the personal representative;
(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 superior court that

(i) the user had a specific account with the custodian, identifiable by the information specified in (A) of this paragraph;
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 – 2712, 47 U.S.C. 222, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
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