ORS 119.066 Requests to disclose digital assets or terminate account; custodian’s duty to comply; court order; immunity from liability

Not later than 60 days after receipt of the information required under ORS 119.021 to 119.062, 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.

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.

A custodian may notify the user that a request for disclosure or to terminate an account was made under ORS 119.006 to 119.081.

A custodian may deny a request under ORS 119.006 to 119.081 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.

ORS 119.006 to 119.081 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:

Specifies that an account belongs to the protected person or principal;

Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and

Contains a finding required by law other than under ORS 119.006 to 119.081.

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 to 119.081.