Section 3909 - Disclosure of content of electronic communications of principal

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of an electronic communication if the agent gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an original or a copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested by the custodian: (i) any number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (ii) evidence linking the account to the principal. Cross References. Section 3909 is referred to in section 3916 of this title.