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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act
- Section 030. Procedures for Disclosing Digital Assets.
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Section 20. Terms-of-Service Agreement.
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Section 40. Disclosure of Content of Electronic Communications of Deceased User.
AS 13.63.030. Procedures for Disclosing Digital Assets.
(a) When disclosing digital assets of a user under this chapter, the custodian may, in its sole discretion,
(1) grant a fiduciary or designated recipient full access to the user's account;
(2) 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
(3) 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 charge for the cost of disclosing digital assets under this chapter.
(c) A custodian is not required to disclose under this chapter a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets,
the custodian is not required to disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the
custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the superior court to
disclose
(1) a subset limited by date of the user's digital assets;
(2) all of the user's digital assets to the fiduciary or designated recipient;
(3) none of the user's digital assets; or
(4) all of the user's digital assets to the superior court for review in camera.
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