N.D. Cent. Code § 47-36-09

Current through 2024 Legislative Session
Section 47-36-09 - Disclosure of other digital assets of principal

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:

1. A written request for disclosure in physical or electronic form;
2. 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;
3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
4. 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
b. Evidence linking the account to the principal.

N.D.C.C. § 47-36-09

Added by S.L. 2017, ch. 318 (HB 1214),§ 1, eff. 8/1/2017.