N.D. Cent. Code § 47-36-08
47-36-08. Disclosure of content of electronic communications of principal
47-36-08. 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 if the agent gives
the custodian:
1.
A written request for disclosure in physical or electronic form;
2.
An original or 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:
a.
A number, username, address, or other unique subscriber or account identifier
assigned by the custodian to identify the principal's account; or
b.
Evidence linking the account to the principal.