1. (a) Unless the user prohibited disclosure of digital assets or the Superior Court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:

   1. (1) A written request for disclosure in physical or electronic form;
   2. (2) A certified copy of the death certificate of the user;
   3. (3) A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order; and

   4. (4) If requested by the custodian:

      1. (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
      2. (B) Evidence linking the account to the user;
      3. (C) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

      4. (D) A finding by the Superior Court that:

         1. (i) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or
         2. (ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

History

Mar. 16, 2021, D.C. Law 23-189, § 2(b)