Montana Code 72-31-406. Disclosure of content of electronic communications of deceased user
72-31-406. Disclosure of content of electronic communications of 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:
Terms Used In Montana Code 72-31-406
- 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 Montana Code 72-31-402
- Court: means the district court having jurisdiction in matters relating to the content of this part. See Montana Code 72-31-402
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Montana Code 72-31-402
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 72-31-402
- Electronic communication: has the meaning set forth in 18 U. See Montana Code 72-31-402
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Montana Code 72-31-402
- Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Montana Code 72-31-402
- Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this part. See Montana Code 72-31-402
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 72-31-402
- User: means a person that has an account with a custodian. See Montana Code 72-31-402
(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 collection of personal property affidavit or court order;
(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, user name, 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:
(i)the user had a specific account with the custodian, identifiable by the information specified in subsection (5)(a);
(ii)disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222, as amended, 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.