(1) A user may use an online tool to direct the custodian to disclose to the designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.
(2) If a user has not used an online tool to give direction under subsection (1) of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record, the disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.
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Terms Used In Idaho Code 15-14-104

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Idaho Code 15-14-102
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the 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
  • Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Idaho Code 15-14-102
  • 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
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Idaho Code 15-14-102
  • Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Idaho Code 15-14-102
  • User: means a person that has an account with a custodian. See Idaho Code 15-14-102
  • Will: includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument. See Idaho Code 15-14-102
(3) A user’s direction under subsection (1) or (2) of this section overrides a contrary provision in a terms of service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.