Sec. 9. Unless otherwise ordered by a court, directed by the user, or provided in the trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original user or a successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:

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

Terms Used In Indiana Code 32-39-2-9

  • 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
  • content of an electronic communication: means information concerning the substance or meaning of the communication that:

    Indiana Code 32-39-1-6

  • 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
  • electronic communication: has the meaning set forth in 18 U. See Indiana Code 32-39-1-12
  • 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.
  • trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Indiana Code 32-39-1-26
  • Trustee: A person or institution holding and administering property in trust.
  • user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27
(2) a certified copy of the trust instrument or a certification of the trust under IC 30-4-4-5 that includes consent to disclosure to the trustee of the content of electronic communications carried, maintained, processed, received, or stored in the account of the trust;

(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; 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 trust’s account; or

(B) evidence linking the account to the trust.

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

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