§ 13-A-2.2 User direction for disclosure of digital assets\n (a) A user may use an online tool to direct the custodian to disclose\nto a designated recipient or not to disclose some or all of the user's\ndigital assets, including the content of electronic communications. If\nthe online tool allows the user to modify or delete a direction at all\ntimes, a direction regarding disclosure using an online tool overrides a\ncontrary direction by the user in a will, trust, power of attorney, or\nother record.\n (b) If a user has not used an online tool to give direction under\nparagraph (a) or if the custodian has not provided an online tool, the\nuser may allow or prohibit in a will, trust, power of attorney, or other\nrecord, disclosure to a fiduciary of some or all of the user's digital\nassets, including the content of electronic communications sent or\nreceived by the user.\n (c) A user's direction under paragraph (a) or (b) overrides a contrary\nprovision in a terms-of-service agreement that does not require the user\nto act affirmatively and distinctly from the user's assent to the terms\nof service.\n
N.Y. Est. Powers & Trusts Law § 13-a-2.2
User direction for disclosure of digital assets
2016-10-07
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.