Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.
(a)A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b)If a user has not used an online tool to give direction under subdivision (a) or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary
of some or all of the user’s digital assets, including the contents of electronic communications sent or received by the user.
(c)A user’s direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement.
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