If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
         (1) a written request for disclosure in physical or
    
electronic form;
        (2) a certified copy of the death certificate of the
    
user;
        (3) a certified copy of the letter of appointment of
    
the representative or a court order;
        (4) unless the user provided direction using an
    
online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
        (5) if requested by the custodian:
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Terms Used In Illinois Compiled Statutes 755 ILCS 70/7

  • 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

             (A) a number, username, address, or other unique
        
subscriber or account identifier assigned by the custodian to identify the user’s account;
            (B) evidence linking the account to the user; or
             (C) a finding by the court that:
                 (i) the user had a specific account with the
            
custodian, identifiable by the information specified in subparagraph (A);
                (ii) disclosure of the content of electronic
            
communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222, as amended, or other applicable law;
                (iii) unless the user provided direction
            
using an online tool, the user consented to disclosure of the content of electronic communications; or
                (iv) disclosure of the content of electronic
            
communications of the user is permitted under this Act and reasonably necessary for administration of the estate.