Vermont Statutes Title 14 Sec. 3562
Terms Used In Vermont Statutes Title 14 Sec. 3562
- 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
- Content of an electronic communication: means information concerning the substance or meaning of a communication that:
- Court: means the Probate Division of the Superior Court of Vermont. See
- Custodian: means a person who carries, maintains, processes, receives, or stores a digital asset of a user. See
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See
- 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: A person or institution holding and administering property in trust.
- Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See
- User: means a person who has an account with a custodian. See
§ 3562. Disclosure of contents of electronic communications held in trust when trustee not original user
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:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under 14A V.S.A. § 1013 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; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(B) evidence linking the account to the trust. (Added 2017, No. 13, § 1.)