Iowa Code 638.12 – Disclosure of contents of electronic communications held in trust when trustee not original user
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Unless otherwise ordered by the court, directed by the user, or provided in a 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 or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
Terms Used In Iowa Code 638.12
- 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 Iowa Code 638.2
- Court: means a district court in this state. See Iowa Code 638.2
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Iowa Code 638.2
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Iowa Code 638.2
- Electronic communication: has the meaning set forth in 18 U. See Iowa Code 638.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means the same as defined in section 633. See Iowa Code 638.2
- User: means a person that has an account with a custodian. See Iowa Code 638.2
2. A certified copy of the trust instrument or a certification of trust under section 633A.4604 that includes consent to disclosure of the content of electronic communications to the trustee.
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.
4. If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account.
b. Evidence linking the account to the trust.