What it means
The clock and the enforcement live here. A custodian must comply with a request to disclose digital assets or terminate an account not later than 60 days after receiving the required information. If it does not, the fiduciary or designated recipient may apply for a court order directing compliance — and that order must contain a finding that compliance is not in violation of 18 U.S.C. s. 2702, the Stored Communications Act.
A custodian may notify the user, may deny a request if aware of lawful access to the account after the request arrived, and may require specified court orders. The custodian and its officers, employees, and agents are immune from liability for good-faith compliance.
- 60 days from receipt of the required information to comply (§740.06(1)).
- On noncompliance, the fiduciary may apply to the court for an order directing compliance (§740.06(1)).
- The order must find that compliance does not violate 18 U.S.C. s. 2702 (§740.06(2)).
- The custodian may notify the user, and may deny a request if aware of lawful access to the account after receiving it (§740.06(3)–(4)).
- Good-faith immunity covers the custodian and its officers, employees, and agents (§740.06(6)).
How it plays out
The 60 days start when the package is complete, so we send requests that leave the custodian nothing to ask for: certified documents, the account identifiers, the consent record where content is sought. Most national custodians comply inside the window once the paperwork is right. The court route exists and works — the §2702 finding goes into the proposed order — but a complete first submission is usually what makes it unnecessary.
Where this shows up
Pages on this site where § 740.06 does real work:
Questions people ask
