ORS 119.066
Requests to disclose digital assets or terminate account

  • custodian’s duty to comply
  • court order
  • immunity from liability

(1)

Not later than 60 days after receipt of the information required under ORS 119.021 (Disclosure of contents of electronic communications to personal representative) to 119.062 (Duties and authority of fiduciary), a custodian shall comply with a request from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

(2)

An order under subsection (1) of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. 2702.

(3)

A custodian may notify the user that a request for disclosure or to terminate an account was made under ORS 119.006 (Definitions for ORS 119.006 to 119.081) to 119.081 (Effect on other laws).

(4)

A custodian may deny a request under ORS 119.006 (Definitions for ORS 119.006 to 119.081) to 119.081 (Effect on other laws) from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.

(5)

ORS 119.006 (Definitions for ORS 119.006 to 119.081) to 119.081 (Effect on other laws) do not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination to obtain a court order that:

(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; and

(c)

Contains a finding required by law other than under ORS 119.006 (Definitions for ORS 119.006 to 119.081) to 119.081 (Effect on other laws).

(6)

A custodian and the custodian’s officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with ORS 119.006 (Definitions for ORS 119.006 to 119.081) to 119.081 (Effect on other laws). [2016 c.19 §16]

Source: Section 119.066 — Requests to disclose digital assets or terminate account; custodian’s duty to comply; court order; immunity from liability, https://www.­oregonlegislature.­gov/bills_laws/ors/ors119.­html.

Green check means up to date. Up to date

Current through early 2024

§ 119.066’s source at oregon​.gov