AB695-ASA1,16,1414 (d) If requested by the custodian, any of the following:
AB695-ASA1,16,1615 1. A number, username, address, or other unique subscriber or account
16identifier assigned by the custodian to identify the user's account.
AB695-ASA1,16,1717 2. Evidence linking the account to the user.
AB695-ASA1,16,1918 3. An affidavit stating that disclosure of the user's digital property is
19reasonably necessary for administration of the estate.
AB695-ASA1,16,2020 4. A court order that includes any of the following findings:
AB695-ASA1,16,2221 a. The user had a specific account with the custodian, identifiable by the
22information specified in subd. 1.
AB695-ASA1,16,2423 b. The disclosure of the user's digital property is reasonably necessary for
24administration of the estate.
AB695-ASA1,17,7
1(2) Disclosure of content of electronic communications; deceased user. If
2a deceased user consented or a court directs disclosure of the contents of electronic
3communications of a deceased user, the custodian shall disclose to the personal
4representative of the deceased user's estate the content of an electronic
5communication sent or received by the user, in which the deceased user's estate has
6a right or interest, if the personal representative gives the custodian all of the
7following:
AB695-ASA1,17,88 (a) The items described in sub. (1) (a) to (c).
AB695-ASA1,17,129 (b) Unless the user provided direction using an online tool, a copy of the user's
10will, certification of trust under s. 701.1013, or other governing instrument,
11evidencing the deceased user's consent to disclosure of the content of electronic
12communications.
AB695-ASA1,17,1313 (c) If requested by the custodian, any of the following:
AB695-ASA1,17,1514 1. A number, username, address, or other unique subscriber or account
15identifier assigned by the custodian to identify the user's account.
AB695-ASA1,17,1616 2. Evidence linking the account to the user.
AB695-ASA1,17,1717 3. A court order that includes any of the following findings:
AB695-ASA1,17,1918 a. The user had a specific account with the custodian that is identifiable by the
19information specified in subd. 1.
AB695-ASA1,17,2120 b. The disclosure of the content of electronic communications of the user does
21not violate 18 USC 2701 et seq., 47 USC 222, or other applicable law.
AB695-ASA1,17,2322 c. Unless the user provided direction using an online tool, the user consented
23to disclosure of the content of electronic communications.
AB695-ASA1,17,2524 d. The disclosure of the content of electronic communications of the user is
25reasonably necessary for administration of the estate.
AB695-ASA1,18,9
1711.06 Disclosure of digital property; agent under a power of attorney.
2(1) Disclosure of digital property other than content of electronic
3communications; principal.
Unless otherwise ordered by the court, directed by the
4principal, or provided in a power of attorney, a custodian shall disclose to an agent
5with specific authority over the principal's digital property or general authority to
6act on behalf of a principal a catalogue of electronic communications sent or received
7by the principal and digital property, other than the content of electronic
8communications, in which the principal has a right or interest, if the agent gives the
9custodian all of the following:
AB695-ASA1,18,1010 (a) A written request for disclosure in physical or electronic form.
AB695-ASA1,18,1211 (b) An original or a copy of the power of attorney that gives the agent specific
12authority over digital property or general authority to act on behalf of the principal.
AB695-ASA1,18,1413 (c) A certification by the agent, under penalty of perjury, that the power of
14attorney is in effect.
AB695-ASA1,18,1515 (d) If requested by the custodian, any of the following:
AB695-ASA1,18,1716 1. A number, username, address, or other unique subscriber or account
17identifier assigned by the custodian to identify the principal's account.
AB695-ASA1,18,1818 2. Evidence linking the account to the principal.
AB695-ASA1,18,24 19(2) Disclosure of content of electronic communications; principal. To the
20extent a power of attorney expressly grants an agent authority over the content of
21electronic communications sent or received by the principal and unless directed
22otherwise by the principal or the court, a custodian shall disclose to the agent the
23content of electronic communications if the agent gives the custodian all of the
24following:
AB695-ASA1,18,2525 (a) The items described in sub. (1) (a), (c), and (d).
AB695-ASA1,19,2
1(b) An original or a copy of the power of attorney that expressly grants the agent
2authority over the content of electronic communications of the principal.
AB695-ASA1,19,8 3711.07 Disclosure of digital property held in trust. (1) Disclosure of
4digital property held in trust; trustee is original user.
Unless otherwise ordered
5by the court or provided in a trust, a custodian shall disclose to a trustee who is an
6original user of an account any digital property of the account that is held in trust,
7including a catalogue of electronic communications of the trustee and the content of
8electronic communications.
AB695-ASA1,19,16 9(2) Disclosure of digital property other than content of electronic
10communications; trustee is not original user.
Unless otherwise ordered by the
11court, directed by the user, or provided in a trust, a custodian shall disclose, to a
12trustee that is not an original user of an account, a catalogue of electronic
13communications sent or received by an original or successor user and stored, carried,
14or maintained by the custodian in an account of the trust and any digital property,
15other than the content of electronic communications, in which the trust has a right
16or interest, if the trustee gives the custodian all of the following:
AB695-ASA1,19,1717 (a) A written request for disclosure in physical or electronic form.
AB695-ASA1,19,1818 (b) A certification of the trust under s. 701.1013.
AB695-ASA1,19,2019 (c) A certification by the trustee, under penalty of perjury, that the trust exists
20and the trustee is a currently acting trustee of the trust.
AB695-ASA1,19,2121 (d) If requested by the custodian, any of the following:
AB695-ASA1,19,2322 1. A number, username, address, or other unique subscriber or account
23identifier assigned by the custodian to identify the trust's account.
AB695-ASA1,19,2424 2. Evidence linking the account to the trust.
AB695-ASA1,20,7
1(3) Disclosure of contents of electronic communications held in trust;
2trustee is not original user.
Unless otherwise ordered by the court, directed by the
3user, or provided in a trust, a custodian shall disclose to a trustee that is not an
4original user of an account the content of an electronic communication sent or
5received by an original or successor user and carried, maintained, processed,
6received, or stored by the custodian in the trust's account, in which the trust has a
7right or interest, if the trustee gives the custodian all of the following:
AB695-ASA1,20,88 (a) The items described in sub. (2) (a), (c), and (d).
AB695-ASA1,20,119 (b) A certification of the trust under s. 701.1013 that includes an original or
10successor user's consent to disclosure of the content of electronic communications to
11the trustee.
AB695-ASA1,20,14 12711.08 Disclosure of digital property; conservator or guardian of
13protected person. (1)
After an opportunity for a hearing under s. 54.10, the court
14may grant a guardian access to the digital property of a protected person.
AB695-ASA1,20,16 15(2) After an opportunity for a hearing under s. 54.76, the court may grant a
16conservator access to the digital property of a protected person.
AB695-ASA1,20,21 17(3) Unless otherwise ordered by the court or directed by the user, a custodian
18shall disclose to a guardian or custodian the catalogue of electronic communications
19sent or received by a protected person and any digital property, other than the
20content of electronic communications, in which the protected person has a right or
21interest if the guardian or conservator gives the custodian all of the following:
AB695-ASA1,20,2222 (a) A written request for disclosure in physical or electronic form.
AB695-ASA1,20,2423 (b) A certified copy of the court order that gives the guardian or conservator
24authority over the protected person's digital property.
AB695-ASA1,20,2525 (c) If requested by the custodian, any of the following:
AB695-ASA1,21,2
11. A number, username, address, or other unique subscriber or account
2identifier assigned by the custodian to identify the account of the protected person.
AB695-ASA1,21,33 2. Evidence linking the account to the protected person.
AB695-ASA1,21,9 4(4) A guardian or conservator with general authority to manage a protected
5person's assets may request a custodian of the protected person's digital property to
6suspend or terminate an account of the protected person for good cause. A request
7made under this subsection shall be accompanied by a certified copy of the court
8order granting the guardian or conservator general authority to manage the
9protected person's assets.
AB695-ASA1,21,13 10711.09 Choice of methods for disclosing digital property; custodian. (1)
11When disclosing digital property of a user under this chapter, the custodian may in
12its sole discretion provide a fiduciary or designated recipient with any of the
13following:
AB695-ASA1,21,1414 (a) Full access to the user's account.
AB695-ASA1,21,1615 (b) Partial access to the user's account that is sufficient to perform the tasks
16with which the fiduciary or designated recipient is charged.
AB695-ASA1,21,1917 (c) A copy in a record of any digital property that the user could have accessed
18if the user were alive, had full capacity, and had full access to the account on the date
19on which the custodian received the request for disclosure.
AB695-ASA1,21,21 20(2) A custodian may assess a reasonable administrative charge to a fiduciary
21or designated recipient for the cost of disclosing digital property under this chapter.
AB695-ASA1,21,23 22(3) A custodian is not required to disclose under this chapter digital property
23deleted by the user.
AB695-ASA1,22,5 24(4) If a user directs or a fiduciary or designated recipient requests a custodian
25to disclose under this chapter some, but not all, of the user's digital property, the

1custodian is not required to disclose the digital property if segregation of the digital
2property would impose an undue burden on the custodian. If the custodian refuses
3to disclose digital property because the custodian believes the segregation of the
4digital property imposes an undue burden, the custodian or fiduciary may seek an
5order from the court to disclose any of the following:
AB695-ASA1,22,76 (a) To the fiduciary or designated recipient, a subset of the user's digital
7property that is limited by date.
AB695-ASA1,22,88 (b) To the fiduciary or designated recipient, all of the user's digital property.
AB695-ASA1,22,99 (c) None of the user's digital property.
AB695-ASA1,22,1010 (d) To the court for review in camera, all of the user's digital property.
AB695-ASA1,22,16 11711.10 Custodian compliance and immunity. (1) Not later than 60 days
12after receipt of the information required under ss. 711.05 to 711.08 or 711.12 (7) or
13an online tool, a custodian shall comply with a request under this chapter from a
14fiduciary or designated recipient to disclose digital property or terminate an account.
15If the custodian fails to comply, the fiduciary or designated recipient may apply to the
16court for an order directing the custodian to comply with the request.
AB695-ASA1,22,19 17(2) A court shall include in an order directing a custodian to comply with a
18request made under this chapter a finding that compliance with the request does not
19violate 18 USC 2702.
AB695-ASA1,22,21 20(3) A custodian may notify the user that a request for disclosure of digital
21property or to terminate an account was made under this chapter.
AB695-ASA1,22,25 22(4) A custodian may deny a request under this chapter from a fiduciary or
23designated recipient for disclosure of digital property or to terminate an account if
24the custodian is aware of any lawful access to the account after the receipt of the
25fiduciary's request.
AB695-ASA1,23,3
1(5) This chapter does not limit a custodian's ability to obtain or to require a
2fiduciary or designated recipient requesting disclosure or termination under this
3chapter to obtain a court order that does all of the following:
AB695-ASA1,23,44 (a) Specifies that an account belongs to the protected person or principal.
AB695-ASA1,23,65 (b) Specifies that there is sufficient consent from the protected person or
6principal to support the requested disclosure.
AB695-ASA1,23,77 (c) Contains any findings required by law other than this chapter.
AB695-ASA1,23,9 8(6) A custodian and its officers, employees, and agents are immune from
9liability for an act or omission done in good faith in compliance with this chapter.
AB695-ASA1,23,12 10711.11 Terms of service agreement. (1) This chapter does not change or
11impair the rights of a custodian or a user under a terms of service agreement to access
12and use digital property of the user.
AB695-ASA1,23,15 13(2) This chapter does not give a fiduciary or designated recipient rights other
14than the rights held by the user for whom, or for whose estate, the fiduciary or
15designated recipient acts or represents.
AB695-ASA1,23,17 16(3) A fiduciary's or designated recipient's access to digital property may be
17modified or eliminated by any of the following:
AB695-ASA1,23,1818 (a) The user.
AB695-ASA1,23,1919 (b) Federal law.
AB695-ASA1,23,2120 (c) A terms of service agreement if the user has not provided direction under
21s. 711.04.
AB695-ASA1,23,24 22711.12 Fiduciary duty and authority. (1) The legal duties imposed on a
23fiduciary with the authority to manage tangible property apply to a fiduciary's
24management of digital property.
AB695-ASA1,24,3
1(2) (a) A fiduciary's or designated recipient's authority with respect to a user's
2digital property may not be used to impersonate the user and is subject to all of the
3following:
AB695-ASA1,24,44 1. Except as otherwise provided in s. 711.04, the applicable terms of service.
AB695-ASA1,24,55 2. Other applicable law, including copyright law.
AB695-ASA1,24,66 (b) A fiduciary's authority is limited by the scope of the fiduciary's duties.
AB695-ASA1,24,10 7(3) A fiduciary with authority over the property of a decedent, protected person,
8principal, or settlor has the right to access any digital property in which the decedent,
9protected person, principal, or settlor had a right or interest and that is not held by
10a custodian or subject to a terms of service agreement.
AB695-ASA1,24,14 11(4) A fiduciary acting within the scope of the fiduciary's duties is an authorized
12user of the digital property of the decedent, protected person, principal, or settlor for
13the purpose of applicable computer fraud and unauthorized computer access laws,
14including s. 943.70.
AB695-ASA1,24,17 15(5) (a) A fiduciary with authority over the tangible personal property of a
16decedent, protected person, principal, or settlor has the right to access the tangible
17personal property and any digital property stored in the tangible personal property.
AB695-ASA1,24,2118 (b) A fiduciary with authority over the tangible personal property of a decedent,
19protected person, principal, or settlor is an authorized user of digital property stored
20in the tangible personal property for the purpose of computer fraud and
21unauthorized computer access laws, including s. 943.70.
AB695-ASA1,24,24 22(6) A custodian may disclose information in a user's account to a fiduciary of
23the user when the information is required to terminate an account used to access
24digital property licensed to the user.
AB695-ASA1,25,3
1(7) A fiduciary of a user may request a custodian to terminate the user's
2account. A request for termination must be in writing, in either physical or electronic
3form, and accompanied by all of the following:
AB695-ASA1,25,44 (a) If the user is deceased, a certified copy of the death certificate of the user.
AB695-ASA1,25,65 (b) Any of the following that grants the fiduciary authority over the user's
6account:
AB695-ASA1,25,77 1. A certified copy of the letters of appointment of a personal representative.
AB695-ASA1,25,88 2. A certified copy of the letters of special administration.
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