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 if the agent gives the custodian:

A. a written request for disclosure in physical or electronic form;

B. an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

C. a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

D. if requested by the custodian:

1. (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
2. (2) evidence linking the account to the principal.

History: Laws 2017, ch. 72, § 9.

ANNOTATIONS

Effective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 9 effective January 1, 2018.