Wisconsin Statutes 711.06 – Disclosure of digital property; agent under a power of attorney
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 711.06
- 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.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- 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
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(1) Disclosure of digital property other than content of electronic communications; principal. Unless otherwise ordered by the court, directed by the principal, or provided in a power of attorney, a custodian shall disclose to an agent with specific authority over the principal’s digital property or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital property, other than the content of electronic communications, in which the principal has a right or interest, if the agent gives the custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) An original or a copy of the power of attorney that gives the agent specific authority over digital property or general authority to act on behalf of the principal.
(c) A certification by the agent, under penalty of perjury, that the power of attorney is in effect.
(d) If requested by the custodian, any of the following:
1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account.
2. Evidence linking the account to the principal.
(2) Disclosure of content of electronic communications; principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of electronic communications if the agent gives the custodian all of the following:
(b) An original or a copy of the power of attorney that expressly grants the agent authority over the content of electronic communications of the principal.