To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of electronic communications if the agent gives the custodian: [2019, c. 417, Pt. A, §107(NEW).]
1.Written request. A written request for disclosure in physical or electronic form; [2019, c. 417, Pt. A, §107(NEW).]
2.Power of attorney. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; [2019, c. 417, Pt. A, §107(NEW).]
3.Agent's certificate. A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and [2019, c. 417, Pt. A, §107(NEW).]
4.Information requested by custodian. If requested by the custodian: A. A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or [2019, c. 417, Pt. A, §107(NEW).]B. Evidence linking the account to the principal. [2019, c. 417, Pt. A, §107(NEW).] [2019, c. 417, Pt. A, §107(NEW).]
Added by 2019, c. 417,§ A-107, eff. 6/20/2019.