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 of an electronic communication sent or received by the principal if the agent gives to the custodian:
(1) A written request for disclosure in physical or electronic form;
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Terms Used In Idaho Code 15-14-109

  • Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. See Idaho Code 15-14-102
  • Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Idaho Code 15-14-102
  • Court: means the court in this state having jurisdiction in matters relating to the content of this chapter. See Idaho Code 15-14-102
  • Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Idaho Code 15-14-102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Idaho Code 15-14-102
  • Electronic communication: has the meaning set forth in 18 U. See Idaho Code 15-14-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Idaho Code 15-14-102
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Idaho Code 15-14-102
  • User: means a person that has an account with a custodian. See Idaho Code 15-14-102
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(b) Evidence linking the account to the principal.