Browse Arkansas Code titles and sections
28-75-107. Disclosure of content of electronic communications of deceased user.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-75-107. Disclosure of content of electronic communications of deceased user.
If a deceased user consented 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 Letters Testamentary, Letters of Administration, or a small-estate affidavit or court order;
(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:
(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (5)(A);
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222, as amended, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-75-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-75-107
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f487deeb7f9c350cf2343c8e599018db81ffdbcddc99aa719ffb7426f8cbe2b0
Source location: content.xml paragraph 14587
Stored source content
28-75-107. Disclosure of content of electronic communications of deceased user.
If a deceased user consented 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 Letters Testamentary, Letters of Administration, or a small-estate affidavit or court order;
(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:
(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (5)(A);
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222, as amended, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Offense.—** Except as provided in subsection (c) of this section whoever—
(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that facility;
and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section.
**(b) Punishment.—** The punishment for an offense under subsection (a) of this section is—
(1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or any State—
(A) a fine under this title or imprisonment for not more than 5 years, or both, in the case of a first offense under this subparagraph; and
(B) a fine under this title or imprisonment for not more than 10 years, or both, for any subsequent offense under this subparagraph; and
(2) in any other case—
(A) a fine under this title or imprisonment for not more than 1 year or both, in the case of a first offense under this paragraph; and
(B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under this subparagraph that occurs after a conviction of another offense under this section.
**(c) Exceptions.—** Subsection (a) of this section does not apply with respect to conduct authorized—
(1) by the person or entity providing a wire or electronic communications service;
(2) by a user of that service with respect to a communication of or intended for that user; or
(3) in section 2703, 2704 or
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2701
Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 2701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 656
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2701
any termination or renewal of such an agree-
ment, shall be published in the Federal Register
as soon as is reasonably practicable.
(h)
MINIMIZATION
PROCEDURES.—A
United
States authority that receives the content of a
communication described in subsection (b)(4)(H)
from a foreign government in accordance with
an executive agreement under this section shall
use procedures that, to the maximum extent
possible, meet the definition of minimization
procedures in section 101 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801)
to appropriately protect nonpublicly available
information concerning United States persons.
(Added Pub. L. 115–141, div. V, § 105(a), Mar. 23,
2018, 132 Stat. 1217.)
Statutory Notes and Related Subsidiaries
CONGRESSIONAL FINDINGS
Pub. L. 115–141, div. V, § 102, Mar. 23, 2018, 132 Stat.
1213, provided that: ‘‘Congress finds the following:
‘‘(1) Timely access to electronic data held by com-
munications-service providers is an essential compo-
nent of government efforts to protect public safety
and combat serious crime, including terrorism.
‘‘(2) Such efforts by the United States Government
are being impeded by the inability to access data
stored outside the United States that is in the cus-
tody, control, or possession of communications-serv-
ice providers that are subject to jurisdiction of the
United States.
‘‘(3) Foreign governments also increasingly seek ac-
cess to electronic data held by communications-serv-
ice providers in the United States for the purpose of
combating serious crime.
‘‘(4) Communications-service providers face poten-
tial conflicting legal obligations when a foreign gov-
ernment orders production of electronic data that
United St
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2701
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 2701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.
**(b) Confidentiality of carrier information** A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts.
**(c) Confidentiality of customer proprietary network information**
(1) **Privacy requirements for telecommunications carriers** — Except as required by law or with the approval of the customer, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of (A) the telecommunications service from which such information is derived, or (B) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories.
(2) **Disclosure on request by customers** — A telecommunications carrier shall disclose customer proprietary network information, upon affirmative written request by the customer, to any person designated by the customer.
(3) **Aggregate customer information** — A telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service may use, disclose, or permit access
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 222
Stored review status: release_metadata_unconfirmed. The source passage cites 47 U.S.C. § 222. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 56
TITLE 47—TELECOMMUNICATIONS
§ 222
ch. 652, 48 Stat. 1064, known as the Communications Act
of 1934, which is classified principally to this chapter.
For complete classification of this Act to the Code, see
section 609 of this title and Tables.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–104 struck out subsec.
(a) relating to notification of State Governor and State
commission, public hearing, and certification.
1990—Subsec. (b). Pub. L. 101–336 substituted ‘‘sec-
tions 225 and 301’’ for ‘‘section 301’’.
1956—Subsec. (a). Act Aug. 2, 1956, inserted provisions
relating to submission of comments by parties and re-
quired a public hearing upon request, in lieu of former
provisions requiring hearing upon application.
1954—Subsec. (b). Act Apr. 27, 1954, included mobile or
point-to-point radio telephone exchange service within
exclusions provided for in such subsection, where it is
subject to regulation by a State commission or by local
governmental authority, and made it clear that the
Commission retains its licensing authority over the
radio stations that might be involved in such service.
§ 222. Privacy of customer information
(a) In general
Every telecommunications carrier has a duty
to protect the confidentiality of proprietary in-
formation of, and relating to, other tele-
communication carriers, equipment manufac-
turers, and customers, including telecommuni-
cation carriers reselling telecommunications
services provided by a telecommunications car-
rier.
(b) Confidentiality of carrier information
A telecommunications carrier that receives or
obtains proprietary information from another
carrier for purposes of providing any tele-
communications service shall use such informa-
tion only for such purpose, and shall not use
such information
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 222
Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 222. This identifies an authority to review, not proof of applicability.