Browse Arkansas Code titles and sections
28-75-116. Custodian compliance and immunity.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-75-116. Custodian compliance and immunity.
(a) Not later than 30 days after receipt of the information required under §§ 28-75-107 — 28-75-115, a custodian shall comply with a request under this chapter 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.
(b) An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702, as amended.
(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d) A custodian may deny a request under this chapter 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.
(e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(1) specifies that an account belongs to the ward or principal;
(2) specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-75-116
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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Stable record: arkansas_code:legal_authorities:28-75-116
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bc9fbd992099fb511a5ffea61135f481c199e9bb09a128b5ce91a10cc137b7e8
Source location: content.xml paragraph 14706
Stored source content
28-75-116. Custodian compliance and immunity.
(a) Not later than 30 days after receipt of the information required under §§ 28-75-107 — 28-75-115, a custodian shall comply with a request under this chapter 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.
(b) An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702, as amended.
(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d) A custodian may deny a request under this chapter 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.
(e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(1) specifies that an account belongs to the ward or principal;
(2) specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibitions.—** Except as provided in subsection (b) or (c)—
(1) a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and
(2) a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on that service—
(A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such service;
(B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing; and
(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental entity.
**(b) Exceptions for disclosure of communications.—** A provider described in subsection (a) may divulge the contents of a communication—
(1) to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient;
(2) as otherwise authorized in section 2517, 2511(2)(a), or 2703 of this title;
(3) with the lawful consent of the originator or an addressee or intended recipient of such communication, or the subscriber in the case
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2702
Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 2702. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 657
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2702
(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 2518 of this title.
(Added Pub. L. 99–508, title II, § 201[(a)], Oct. 21,
1986, 100 Stat. 1860; amended Pub. L. 103–322, title
XXXIII, § 330016(1)(K), (U), Sept. 13, 1994, 108
Stat. 2147, 2148; Pub. L. 104–294, title VI,
§ 601(a)(3), Oct. 11, 1996, 110 Stat. 3498; Pub. L.
107–296, title XXII, § 2207(j)(2), formerly title II,
§ 225(j)(2), Nov. 25, 2002, 116 Stat. 2158, renum-
bered § 2207(j)(2), Pub. L. 115–278, § 2(g)(2)(I), Nov.
16, 2018, 132 Stat. 4178.)
Editorial Notes
AMENDMENTS
2002—Subsec. (b)(1). Pub. L. 107–296, § 2207(j)(2)(A), for-
merly § 225(j)(2)(A), as renumbered by Pub. L. 115–278,
§ 2(g)(2)(I), in introductory provisions, inserted ‘‘, or in
furtherance of any criminal or tortious act in violation
of the Constitution or laws of the United States or any
State’’ after ‘‘commercial gain’’.
Subsec. (b)(1)(A). Pub. L. 107–296, § 2207(j)(2)(B), for-
merly § 225(j)(2)(B), as renumbered by Pub. L. 115–278,
§ 2(g)(2)(I), substituted ‘‘5 years’’ for ‘‘one year’’.
Subsec. (b)(1)(B). Pub. L. 107–296, § 2207(j)(2)(C), for-
merly § 225(j)(2)(C), as renumbered by Pub. L. 115–278,
§ 2(g)(2)(I), substituted ‘‘10 years’’ for ‘‘two years’’.
Subsec. (b)(2). Pub. L. 107–296, § 2207(j)(2)(D), formerly
§ 225(j)(2)(D),
as
renumbered
by
Pub.
L.
115–278,
§ 2(g)(2)(I), added par. (2) and struck out former par. (2)
which read as follows: ‘‘a fine under this title or impris-
onment for not more than six months, or both, in any
other case.’’
1996—Subsec. (b)(1)(A), (2). Pub. L. 104–294 substitu
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2702
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 2702. This identifies an authority to review, not proof of applicability.
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. The source passage cites 28-75-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-75-115. Fiduciary duty and authority.
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(b) A fiduciary's authority with respect to a digital asset of a user:
(1) except as otherwise provided in § 28-75-104, is subject to the applicable terms of service;
(2) is subject to other applicable law, including copyright law;
(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws.
(e) A fiduciary with authority over the tangible, personal property of a decedent, ward, principal, or settlor:
(1) has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws.
(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in eith
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-75-115
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. The source passage cites 28-75-115. This identifies an authority to review, not proof of applicability.