Ind. Code § 32-39-2-1

Current through P.L. 171-2024

Section 32-39-2-1 - User direction concerning disclosure of digital asset

(a) A user may use an online tool to direct the custodian that carries, maintains, processes, receives, or stores the user's digital assets:

(1) to disclose; or

(2) not to disclose;

some or all of the user's digital assets, including the content of electronic communications to a designated recipient. If the online tool allows the user to modify or delete a direction at all times, a direction by a user to the custodian regarding disclosure through use of 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 a direction under subsection (a) or if the custodian has not provided an online tool, the user, in a will, trust, power of attorney, or other record, may:

(1) allow; or

(2) prohibit;

disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

(c) A user's:

(1) direction through the use of an online tool under subsection (a); or

(2) provision in a will, trust, power of attorney, or other record under subsection (b);

overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.

IC 32-39-2-1

Added by P.L. 137-2016, SEC. 14, eff. 7/1/2016.