N.Y. Estates, Powers & Trusts Law § 13-a-2.2: User direction for disclosure of digital assets

§ 13-A-2.2 User direction for disclosure of digital assets

(a) A user may use an online tool to direct the custodian to disclose

to a designated recipient or not to disclose some or all of the user's

digital assets, including the content of electronic communications. If

the online tool allows the user to modify or delete a direction at all

times, a direction regarding disclosure using an online tool overrides a

contrary direction by the user in a will, trust, power of attorney, or

other record.

(b) If a user has not used an online tool to give direction under

paragraph (a) or if the custodian has not provided an online tool, the

user may allow or prohibit in a will, trust, power of attorney, or other

record, disclosure to a fiduciary of 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 paragraph (a) or (b) overrides a contrary

provision in a terms-of-service agreement that does not require the user

to act affirmatively and distinctly from the user's assent to the terms

of service.