                                 CODE OF VIRGINIA

DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER (§
64.2-121)

If a deceased user consented to or a court directs disclosure of the contents of
electronic communications of the user, the custodian shall disclose to the
personal representative of the estate of the user the content of electronic
communications sent or received by the user if the representative gives the
custodian:

1. A written request for disclosure in physical or electronic form;

2. A certified copy of the death certificate of the user;

3. A certified copy of the letter of appointment of the representative or a
small-estate affidavit or court order;

4. Unless the user provided direction using an online tool, a copy of the
user&#8217;s will, trust, power of attorney, or other record evidencing the
user&#8217;s consent to disclosure of the content of electronic communications;
and

5. If requested by the custodian:
			a. A number, username, address, or other unique subscriber or account
identifier assigned by the custodian to identify the user&#8217;s account;
			b. Evidence linking the account to the user; or
			c. A finding by the court that (i) the user had a specific account with the
custodian, identifiable by the information specified in subdivision a; (ii)
disclosure of the content of electronic communications of the user would not
violate 18 U.S.C. &#xA7; 2701 et seq., 47 U.S.C. &#xA7; 222, or other applicable
law; (iii) unless the user provided direction using an online tool, the user
consented to disclosure of the content of electronic communications; or (iv)
disclosure of the content of electronic communications of the user is reasonably
necessary for administration of the estate.

HISTORY: 2017, cc. 33, 80.