NRS 722.340
Disclosure of contents of electronic communications of deceased user.

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 an electronic communication 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 court order appointing the representative;

4.

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 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’s account;

(b)

Evidence linking the account to the user; or

(c)

A finding by the court that:

(1)

The user had a specific account with the custodian, identifiable by the information specified in paragraph (a);

(2)

Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. §§ 2701 et seq. or 47 U.S.C. § 222 or other applicable law;

(3)

Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

(4)

Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

Source: Section 722.340 — Disclosure of contents of electronic communications of deceased user., https://www.­leg.­state.­nv.­us/NRS/NRS-722.­html#NRS722Sec340.

722.010
Short title. 722.020
Definitions. 722.030
“Account” defined. 722.040
“Agent” defined. 722.050
“Carries” defined. 722.060
“Catalogue of electronic communications” defined. 722.070
“Content of an electronic communication” defined. 722.080
“Court” defined. 722.090
“Custodian” defined. 722.100
“Designated recipient” defined. 722.110
“Digital asset” defined. 722.120
“Electronic” defined. 722.130
“Electronic communication” defined. 722.140
“Electronic communication service” defined. 722.150
“Fiduciary” defined. 722.160
“Guardian” defined. 722.170
“Information” defined. 722.180
“Online tool” defined. 722.190
“Person” defined. 722.200
“Personal representative” defined. 722.210
“Power of attorney” defined. 722.220
“Principal” defined. 722.230
“Protected person” defined. 722.240
“Record” defined. 722.250
“Remote-computing service” defined. 722.260
“Terms-of-service agreement” defined. 722.270
“Trustee” defined. 722.280
“User” defined. 722.290
“Will” defined. 722.300
Applicability. 722.310
User direction for disclosure of digital assets. 722.320
Terms-of-service agreement. 722.330
Procedure for disclosing digital assets. 722.340
Disclosure of contents of electronic communications of deceased user. 722.350
Disclosure of other digital assets of deceased user. 722.360
Disclosure of content of electronic communications of principal. 722.370
Disclosure of other digital assets of principal. 722.380
Disclosure of digital assets held in trust when trustee is original user. 722.390
Disclosure of content of electronic communications held in trust when trustee is not original user. 722.400
Disclosure of other digital assets held in trust when trustee is not original user. 722.410
Disclosure of digital assets to guardian of protected person. 722.420
Fiduciary duties and authority. 722.430
Custodian compliance and immunity. 722.440
Uniformity of application and construction. 722.450
Relation to Electronic Signatures in Global and National Commerce Act.
Last Updated

Jun. 24, 2021

§ 722.340’s source at nv​.us