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Terms Used In Michigan Laws 700.1007

  • Account: means an arrangement under a terms-of-service agreement in which the digital custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Michigan Laws 700.1002
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Content of an electronic communication: means information concerning the substance or meaning of an electronic communication to which all of the following apply:
  (i) The information has been sent or received by a user. See Michigan Laws 700.1002
  • Court: means the probate court or, when applicable, the circuit court. See Michigan Laws 700.1002
  • Digital custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Michigan Laws 700.1002
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 700.1002
  • 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.
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Michigan Laws 700.1002
  • Letters: means that term as described in section 1105 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 700.1002
  • Online tool: means an electronic service provided by a digital custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the digital custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Michigan Laws 700.1002
  • Personal representative: means that term as defined in section 1106 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 700.1002
  • 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 Michigan Laws 700.1002
  • Trust: means that term as defined in section 1107 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 700.1002
  • User: means a person that has an account with a digital custodian. See Michigan Laws 700.1002
  •   If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, a digital custodian shall disclose to the personal representative of the user the content of an electronic communication sent or received by the user if the personal representative gives the digital custodian all of the following:
      (a) A written request for disclosure in physical or electronic form.
      (b) A copy of the death certificate of the user.
      (c) A certified copy of the letters of authority of the personal representative, a small-estate affidavit, or other court order.
      (d) 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 contents of electronic communications.
      (e) If requested by the digital custodian, any of the following:
      (i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the user’s account.
      (ii) Evidence linking the account to the user.
      (iii) A finding by the court that:
      (A) The user had a specific account with the digital custodian, identifiable by the information specified in subparagraph (i).
      (B) Disclosure of the content of electronic communications of the user would not violate 18 USC 2701 to 2707, 47 USC 222, or other applicable law.
      (C) Unless the user provided direction using an online tool, the user consented to disclosure of the contents of electronic communications.
      (D) Disclosure of the contents of electronic communications of the user is reasonably necessary for administration of the estate.