2-3-1017.

2-3-1017.

2-3-1003. Applicability.

(a) This act applies to:

(i) A fiduciary acting under a will, power of attorney or other authorization to act as a fiduciary with respect to the digital assets of a user entered or executed before, on or after July 1, 2016;

(ii) A personal representative acting for a decedent who died before, on or after July 1, 2016;

(iii) A conservatorship proceeding commenced before, on or after July 1, 2016; and

(iv) A trustee acting under a trust created before, on or after July 1, 2016.

(b) This act applies to a custodian of digital assets of a user who resides in the state or resided in the state at the time of the user's death.

(c) This act does not apply to digital assets of an employer used by an employee in the ordinary course of the employer's business.

2-3-1004. User direction for disclosure of digital assets.

(a) A user may use an online tool to direct a custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications sent or received by the user. If the online tool at all times allows a user to modify or delete a direction to a custodian to disclose some or all of the user's digital assets, the direction regarding disclosure overrides a contrary direction by the user in a will, trust, power of attorney or other like record.

(b) If a user has not used an online tool to direct a custodian under subsection (a) of this section or if a custodian has not provided an online tool, the user may direct in a will, trust, power of attorney or other like record the disclosure or nondisclosure to a fiduciary some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

(c) A user's direction under subsection (a) or (b) of this section overrides a contrary provision in a terms of service agreement if the agreement did not require the user to act affirmatively and distinctly from the user's assent to the agreement.

2-3-1005. Terms of service agreement.

(a) This act does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user.

(b) This act does not give a fiduciary or designated recipient new or expanded rights other than those rights held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.

(c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, federal law or a terms of service agreement if the user has not provided direction under W.S. 2-3-1004.

2-3-1006. Procedure for disclosing digital assets.

(a) When disclosing digital assets of a user under this act, a custodian may:

(i) Grant a fiduciary or designated recipient full access to the user's account;

(ii) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

(iii) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.  (b) A custodian may assess a reasonable administrative fee for the cost of disclosing digital assets under this act.

(c) A custodian is not required to disclose under this act a digital asset deleted by a user.

(d) A custodian is not required to disclose under this act a user's digital assets if the user directs or a fiduciary requests a custodian to disclose some, but not all, of the user's digital assets and the segregation of the assets would impose an undue burden on the custodian. If a custodian finds that a direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the circuit court or other court of competent jurisdiction to disclose:

(i) A subset of the user's digital assets limited by date to the fiduciary or designated recipient;

(ii) All of the user's digital assets to the fiduciary or designated recipient;

(iii) None of the user's digital assets to the fiduciary or designated recipient; or

(iv) All of the user's digital assets to the court for an in camera review.

2-3-1007. Disclosure of the content of electronic communications of a deceased user.

(a) A custodian shall disclose to a personal representative of the estate of a deceased user the content of electronic communications sent or received by the user if the user directed disclosure as specified in W.S. 2-3-1004 or a court directs disclosure of the content of electronic communications of the user and if the representative provides the custodian with the following:

(i) A request for disclosure in written or electronic form;

(ii) A certified copy of the death certificate of the user;

(iii) A certified copy of the court order appointing the personal representative;  (iv) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney or other like record evidencing the user's consent to disclosure of the content of electronic communications; and

(v) If requested by the custodian:

(A) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(B) Evidence linking the account to the user; or

(C) A finding by a circuit court or other court of competent jurisdiction that:

(I) The user had a specific account with the custodian identifiable by the information specified in subparagraph (A) of this paragraph;

(II) Disclosure of the content of electronic communications of the user would not violate section 2701 et seq. of title 18 of the United States Code, as amended, or section 222 of title 47 of the United States Code, as amended, or other applicable law;

(III) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications as specified in W.S.