AB695,7,55 (v) "Protected person" means any of the following:
AB695,7,76 1. An individual for whom a guardian is appointed or for whom an application
7for the appointment of a guardian is pending.
AB695,7,98 2. An individual for whom a conservator is appointed or for whom an
9application for the appointment of a conservator is pending.
AB695,7,1110 (w) "Record" means information that is inscribed on a tangible medium or that
11is stored in an electronic or other medium and is retrievable in perceivable form.
AB695,7,1412 (x) "Remote computing service" means a custodian that provides to a user
13computer processing services or the storage of digital assets by means of an electronic
14communications system, as defined in 18 USC 2510 (14).
AB695,7,1615 (y) "Terms of service agreement" means an agreement that controls the
16relationship between a user and a custodian.
AB695,7,1817 (z) "Trustee" means a person with legal title to an asset under an agreement
18or declaration that creates a beneficial interest in another.
AB695,7,1919 (zd) "User" means a person that has an account with a custodian.
AB695,7,2120 (zk) "Will" includes a codicil and any document incorporated by reference in a
21testamentary document under s. 853.32 (1) or (2).
AB695,8,2 22(3) Direction for disclosure of digital assets. (a) A user may allow or
23prohibit disclosure to a fiduciary of some or all of the user's digital assets, including
24the content of electronic communications sent or received by the user, in a will, trust,

1power of attorney, or in any other type of inter vivos governing instrument, as defined
2in s. 700.27 (1) (c), or governing instrument, as defined in s. 854.01 (2).
AB695,8,83 (b) If a user does not allow or prohibit disclosure to a fiduciary of some or all
4of the user's digital assets under par. (a), the user may use an online tool to direct the
5custodian to disclose or not to disclose some or all of the user's digital assets,
6including the content of electronic communications. A contrary direction made by a
7user under par. (a) overrides a direction regarding disclosure made using an online
8tool.
AB695,8,119 (c) A user's direction under par. (a) or (b) takes precedence over a contrary
10provision in a terms of service agreement that does not require the user to act
11affirmatively and distinctly from the user's assent to the terms of service.
AB695,8,14 12(4) Terms of service agreement. (a) This section does not change or impair
13the rights of a custodian or a user under a terms of service agreement to access and
14use digital assets of the user.
AB695,8,1615 (b) This section does not give a fiduciary rights other than the rights held by
16the user for whom, or for whose estate, the fiduciary acts or represents.
AB695,8,1817 (c) A fiduciary's access to digital assets may be modified or eliminated by any
18of the following:
AB695,8,1919 1. The user.
AB695,8,2020 2. Federal law.
AB695,8,2221 3. A terms of service agreement if the user has not provided direction under sub.
22(3).
AB695,8,25 23(5) Procedure for disclosing digital assets. (a) When disclosing digital
24assets of a user under this section, the custodian may in its sole discretion provide
25a fiduciary or designated recipient with any of the following:
AB695,9,1
11. Full access to the user's account.
AB695,9,32 2. Partial access to the user's account that is sufficient to perform the tasks with
3which the fiduciary or designated recipient is charged.
AB695,9,64 3. A copy in a record of any digital asset that the user could have accessed if the
5user were alive, had full capacity, and had full access to the account on the date the
6custodian received the request for disclosure.
AB695,9,87 (b) A custodian may assess a reasonable administrative charge to a fiduciary
8or designated recipient for the cost of disclosing digital assets under this section.
AB695,9,109 (c) A custodian need not disclose under this section a digital asset deleted by
10the user.
AB695,9,1711 (d) If a user directs or a fiduciary requests a custodian to disclose under this
12section some, but not all, of the user's digital assets, the custodian need not disclose
13the digital assets if segregation of the digital assets would impose an undue burden
14on the custodian. If the custodian refuses to disclose digital assets because the
15custodian believes the segregation of the digital assets imposes an undue burden, the
16custodian or fiduciary may seek an order from the court to disclose any of the
17following:
AB695,9,1918 1. To the fiduciary or designated recipient, a subset of the user's digital assets
19that is limited by date.
AB695,9,2020 2. To the fiduciary or designated recipient, all of the user's digital assets.
AB695,9,2121 3. None of the user's digital assets.
AB695,9,2222 4. To the court for review in camera, all of the user's digital assets.
AB695,9,25 23(6) Disclosure of content of electronic communications; deceased user. If
24a deceased user consented or a court directs disclosure of the contents of electronic
25communications of a deceased user, the custodian shall disclose to the personal

1representative of the user's estate the content of an electronic communication sent
2or received by the user if the personal representative gives the custodian all of the
3following:
AB695,10,44 (a) A written request for disclosure in physical or electronic form.
AB695,10,55 (b) A certified copy of the death certificate of the user.
AB695,10,86 (c) A certified copy of the letters to administer the user's estate or, if the
7personal representative is a special administrator, a certified copy of the letters of
8special administration.
AB695,10,119 (d) Unless the user provided direction using an online tool, a copy of the will,
10trust, power of attorney, or other record evidencing the user's consent to disclosure
11of the content of electronic communications.
AB695,10,1212 (e) If requested by the custodian, any of the following:
AB695,10,1413 1. A number, username, address, or other unique subscriber or account
14identifier assigned by the custodian to identify the user's account.
AB695,10,1515 2. Evidence linking the account to the user.
AB695,10,1616 3. A court order that includes all of the following findings:
AB695,10,1817 a. The user had a specific account with the custodian that is identifiable by the
18information specified in subd. 1.
AB695,10,2019 b. The disclosure of the content of electronic communications of the user does
20not violate 18 USC 2701 et seq., 47 USC 222, or other applicable law.
AB695,10,2221 c. Unless the user provided direction using an online tool, the user consented
22to disclosure of the content of electronic communications.
AB695,10,2423 d. The disclosure of the content of electronic communications of the user is
24reasonably necessary for administration of the estate.
AB695,11,6
1(7) Disclosure of other digital assets; deceased user. Unless a deceased user
2prohibited disclosure of digital assets or the court directs otherwise, a custodian shall
3disclose to the personal representative of the user's estate a catalogue of electronic
4communications sent or received by the user and digital assets, other than the
5content of electronic communications, of the user, if the personal representative gives
6the custodian all of the following:
AB695,11,77 (a) A written request for disclosure in physical or electronic form.
AB695,11,88 (b) A certified copy of the death certificate of the user.
AB695,11,119 (c) A certified copy of the letters to administer the user's estate or, if the
10personal representative is a special administrator, a certified copy of the letters of
11special administration.
AB695,11,1212 (d) If requested by the custodian, any of the following:
AB695,11,1413 1. A number, username, address, or other unique subscriber or account
14identifier assigned by the custodian to identify the user's account.
AB695,11,1515 2. Evidence linking the account to the user.
AB695,11,1716 3. An affidavit stating that disclosure of the user's digital assets is reasonably
17necessary for administration of the estate.
AB695,11,1818 4. A court order that includes all of the following findings:
AB695,11,2019 a. The user had a specific account with the custodian, identifiable by the
20information specified in subd. 1.
AB695,11,2221 b. The disclosure of the user's digital assets is reasonably necessary for
22administration of the estate.
AB695,12,3 23(8) Disclosure of content of electronic communications; principal. To the
24extent a power of attorney expressly grants an agent authority over the content of
25electronic communications sent or received by the principal and unless directed

1otherwise by the principal or the court, a custodian shall disclose to the agent the
2content of electronic communications if the agent gives the custodian all of the
3following:
AB695,12,44 (a) A written request for disclosure in physical or electronic form.
AB695,12,65 (b) An original or copy of the power of attorney expressly granting the agent
6authority over the content of electronic communications of the principal.
AB695,12,87 (c) A certification by the agent, under penalty of perjury, that the power of
8attorney is in effect.
AB695,12,99 (d) If requested by the custodian, any of the following:
AB695,12,1110 1. A number, username, address, or other unique subscriber or account
11identifier assigned by the custodian to identify the principal's account.
AB695,12,1212 2. Evidence linking the account to the principal.
AB695,12,19 13(9) Disclosure of digital assets other than content of electronic
14communications; principal.
Unless otherwise ordered by the court, directed by the
15principal, or provided in a power of attorney, a custodian shall disclose to an agent
16with specific authority over the principal's digital assets or general authority to act
17on behalf of a principal a catalogue of electronic communications sent or received by
18the principal and the principal's digital assets, other than the content of electronic
19communications, if the agent gives the custodian all of the following:
AB695,12,2020 (a) A written request for disclosure in physical or electronic form.
AB695,12,2321 (b) An original or a copy of the power of attorney that gives the agent specific
22authority over the principal's digital assets or general authority to act on behalf of
23the principal.
AB695,12,2524 (c) A certification by the agent, under penalty of perjury, that the power of
25attorney is in effect.
AB695,13,1
1(d) If requested by the custodian, any of the following:
AB695,13,32 1. A number, username, address, or other unique subscriber or account
3identifier assigned by the custodian to identify the principal's account.
AB695,13,44 2. Evidence linking the account to the principal.
AB695,13,9 5(10) Disclosure of digital assets held in trust; trustee is original user.
6Unless otherwise ordered by the court or provided in a trust, a custodian shall
7disclose to a trustee who is an original user of an account any digital asset of the
8account that is held in trust, including a catalogue of electronic communications of
9the trustee and the content of electronic communications.
AB695,13,16 10(11) Disclosure of contents of electronic communications held in trust;
11trustee is not original user.
Unless otherwise ordered by the court, directed by the
12user, or provided in a trust, a custodian shall disclose to a trustee that is not an
13original user of an account the content of an electronic communication sent or
14received by an original or successor user and carried, maintained, processed,
15received, or stored by the custodian in the trust's account if the trustee gives the
16custodian all of the following:
AB695,13,1717 (a) A written request for disclosure in physical or electronic form.
AB695,13,2018 (b) A copy of the trust instrument or a certification of the trust under s.
19701.1013 that includes consent to disclosure of the content of electronic
20communications to the trustee.
AB695,13,2221 (c) A certification by the trustee, under penalty of perjury, that the trust exists
22and that the trustee is a currently acting trustee of the trust.
AB695,13,2323 (d) If requested by the custodian, any of the following:
AB695,13,2524 1. A number, username, address, or other unique subscriber or account
25identifier assigned by the custodian to identify the trust's account.
AB695,14,1
12. Evidence linking the account to the trust.
AB695,14,9 2(12) Disclosure of digital assets other than content of electronic
3communications; trustee is not original user.
Unless otherwise ordered by the
4court, directed by the user, or provided in a trust, a custodian shall disclose, to a
5trustee that is not an original user of an account, a catalogue of electronic
6communications sent or received by an original or successor user and stored, carried,
7or maintained by the custodian in an account of the trust and any digital assets, other
8than the content of electronic communications, in which the trust has a right or
9interest if the trustee gives the custodian all of the following:
AB695,14,1010 (a) A written request for disclosure in physical or electronic form.
AB695,14,1211 (b) A copy of the trust instrument or a certification of the trust under s.
12701.1013.
AB695,14,1413 (c) A certification by the trustee, under penalty of perjury, that the trust exists
14and the trustee is a currently acting trustee of the trust.
AB695,14,1515 (d) If requested by the custodian, any of the following:
AB695,14,1716 1. A number, username, address, or other unique subscriber or account
17identifier assigned by the custodian to identify the trust's account.
AB695,14,1818 2. Evidence linking the account to the trust.
AB695,14,22 19(13) Disclosure of digital assets; conservator or guardian. (a) 1. After an
20opportunity for a hearing under s. 54.10, the court may grant a guardian access to
21the digital assets of an individual for whom a guardian has been appointed or for
22whom an application for the appointment of a guardian is pending.
AB695,15,223 2. After an opportunity for a hearing under s. 54.76, the court may grant a
24conservator access to the digital assets of an individual for whom a conservator has

1been appointed or for whom an application for the appointment of a conservator is
2pending.
AB695,15,73 (b) Unless otherwise ordered by the court or directed by the user, a custodian
4shall disclose to a guardian or custodian the catalogue of electronic communications
5sent or received by a protected person and any digital assets, other than the content
6of electronic communications, in which the protected person has a right or interest
7if the guardian or conservator gives the custodian all of the following:
AB695,15,88 1. A written request for disclosure in physical or electronic form.
AB695,15,109 2. A certified copy of the court order that gives the guardian or conservator
10authority over the protected person's digital assets.
AB695,15,1111 3. If requested by the custodian, any of the following:
AB695,15,1312 a. A number, username, address, or other unique subscriber or account
13identifier assigned by the custodian to identify the account of the protected person.
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