Sec. 6. To the extent that a power of attorney expressly grants an attorney in fact authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or a court, a custodian shall disclose to the principal’s attorney in fact the content of the electronic communications of the principal if the attorney in fact gives the custodian:

(1) a written request for disclosure of the electronic communications in physical or electronic form;

Terms Used In Indiana Code 32-39-2-6

  • 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 Indiana Code 32-39-1-2
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • attorney in fact: includes an attorney in fact granted authority under a durable power of attorney or a nondurable power of attorney. See Indiana Code 32-39-1-3
  • court: means :

    Indiana Code 32-39-1-7

  • custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Indiana Code 32-39-1-8
  • electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 32-39-1-11
  • 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: means a record that grants an attorney in fact authority to act in the place of a principal. See Indiana Code 32-39-1-20
  • 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
  • principal: means an individual who grants authority to an attorney in fact in a power of attorney. See Indiana Code 32-39-1-21
(2) an original or copy of the power of attorney expressly granting the attorney in fact authority over the content of electronic communications of the principal;

(3) a certification by the attorney in fact, under penalty of perjury, that the power of attorney is in effect; and

(4) if requested by the custodian:

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

(B) evidence linking the account to the principal.

As added by P.L.137-2016, SEC.14.

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