Section 15-1-1510 - Disclosure of other digital assets of principal(1) Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian: (a) A written request for disclosure in physical or electronic form;(b) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;(c) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and(d) If requested by the custodian: (I) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or(II) Evidence linking the account to the principal.Added by 2016 Ch. 71,§ 1, eff. 8/10/2016.L. 2016: Entire part added, (SB 16-088), ch. 71, p. 185, § 1, effective August 10.OFFICIAL COMMENT
This section establishes that the agent has default authority over all of the principal's digital assets, other than the content of the principal's electronic communications. When requesting access, the agent must write or email the custodian (see the comments in Section 1507).
The agent must also give the custodian an original or copy of the power of attorney and a certification by the agent, under penalty of perjury, that the power of attorney is in effect. Also, if requested by the custodian, the agent must provide a unique subscriber or account identifier assigned by the custodian to identify the principal's account, or some evidence linking the account to the principal.