§ 2-3-1004 — User direction for disclosure of digital assets

(a) A user may use an online tool to direct a custodian to
disclose or not to disclose to a designated recipient some or
all of the user's digital assets, including the content of
electronic communications sent or received by the user. If the
online tool at all times allows a user to modify or delete a
direction to a custodian to disclose some or all of the user's
digital assets, the direction regarding disclosure overrides a
contrary direction by the user in a will, trust, power of
attorney or other like record.
(b) If a user has not used an online tool to direct a
custodian under subsection (a) of this section or if a custodian
has not provided an online tool, the user may direct in a will,
trust, power of attorney or other like record the disclosure or
nondisclosure to a fiduciary some or all of the user's digital
assets, including the content of electronic communications sent
or received by the user.
(c) A user's direction under subsection (a) or (b) of this
section overrides a contrary provision in a terms of service
agreement if the agreement did not require the user to act
affirmatively and distinctly from the user's assent to the
agreement.