Wisconsin Statutes 711.10 – Custodian compliance and immunity
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Wisconsin Statutes 711.10
- Fiduciary: A trustee, executor, or administrator.
- 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
- Officers: when applied to corporations include directors and trustees. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(1) Not later than 60 days after receipt of the information required under ss. 711.05 to 711.08 or 711.12 (7) or an online tool, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital property or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing the custodian to comply with the request.
(2) A court shall include in an order directing a custodian to comply with a request made under this chapter a finding that compliance with the request does not violate 18 U.S. Code § 2702.
(3) A custodian may notify the user that a request for disclosure of digital property or to terminate an account was made under this chapter.
(4) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital property or to terminate an account if the custodian is aware of any lawful access to the account after the receipt of the fiduciary’s request.
(5) This chapter does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that does all of the following:
(a) Specifies that an account belongs to the protected person or principal.
(b) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure.
(c) Contains any findings required by law other than this chapter.
(6) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.