LBD14544-01-6
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13-A-3.6 DISCLOSURE OF CONTENTS OF ELECTRONIC COMMUNICATIONS
HELD IN TRUST WHEN TRUSTEE NOT ORIGINAL USER.
13-A-3.7 DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN TRUST WHEN
TRUSTEE NOT ORIGINAL USER.
13-A-3.8 DISCLOSURE OF DIGITAL ASSETS TO GUARDIAN OF WARD.
PART 4. FIDUCIARY DUTY AND AUTHORITY, COMPLIANCE AND IMMUNITY
SECTION 13-A-4.1 FIDUCIARY DUTY AND AUTHORITY.
13-A-4.2 CUSTODIAN COMPLIANCE AND IMMUNITY.
PART 5. MISCELLANEOUS PROVISIONS
SECTION 13-A-5.1 RELATION TO ELECTRONIC SIGNATURE IN GLOBAL AND NATIONAL
COMMERCE ACT.
13-A-5.2 SEVERABILITY.
PART 1. DEFINITIONS
S 13-A-1 DEFINITIONS
IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ACCOUNT" MEANS AN ARRANGEMENT UNDER A TERMS-OF-SERVICE AGREEMENT
IN WHICH A CUSTODIAN CARRIES, MAINTAINS, PROCESSES, RECEIVES, OR STORES
A DIGITAL ASSET OF THE USER OR PROVIDES GOODS OR SERVICES TO THE USER.
(B) "AGENT" MEANS A PERSON GRANTED AUTHORITY TO ACT AS
ATTORNEY-IN-FACT FOR THE PRINCIPAL UNDER A POWER OF ATTORNEY AND
INCLUDES THE ORIGINAL AGENT OR ANY CO-AGENT OR SUCCESSOR AGENT.
(C) "CARRIES" MEANS ENGAGES IN THE TRANSMISSION OF AN ELECTRONIC
COMMUNICATION.
(D) "CATALOGUE OF ELECTRONIC COMMUNICATIONS" MEANS INFORMATION THAT
IDENTIFIES EACH PERSON WITH WHICH A USER HAS HAD AN ELECTRONIC COMMUNI-
CATION, THE TIME AND DATE OF THE COMMUNICATION, AND THE ELECTRONIC
ADDRESS OF THE PERSON.
(E) "CONTENT OF AN ELECTRONIC COMMUNICATION" MEANS INFORMATION
CONCERNING THE SUBSTANCE OR MEANING OF THE COMMUNICATION WHICH:
(1) HAS BEEN SENT OR RECEIVED BY A USER;
(2) IS IN ELECTRONIC STORAGE BY A CUSTODIAN PROVIDING AN
ELECTRONIC-COMMUNICATION SERVICE TO THE PUBLIC OR IS CARRIED OR MAIN-
TAINED BY A CUSTODIAN PROVIDING A REMOTE-COMPUTING SERVICE TO THE
PUBLIC; AND
(3) IS NOT READILY ACCESSIBLE TO THE PUBLIC.
(F) "COURT" MEANS THE COURT IN THIS STATE HAVING JURISDICTION IN
MATTERS RELATING TO THE CONTENT OF THIS ARTICLE.
(G) "CUSTODIAN" MEANS A PERSON THAT CARRIES, MAINTAINS, PROCESSES,
RECEIVES, OR STORES A DIGITAL ASSET OF A USER.
(H) "DESIGNATED RECIPIENT" MEANS A PERSON CHOSEN BY A USER USING AN
ONLINE TOOL TO ADMINISTER DIGITAL ASSETS OF THE USER.
(I) "DIGITAL ASSET" MEANS AN ELECTRONIC RECORD IN WHICH AN INDIVIDUAL
HAS A RIGHT OR INTEREST. THE TERM DOES NOT INCLUDE AN UNDERLYING ASSET
OR LIABILITY UNLESS THE ASSET OR LIABILITY IS ITSELF AN ELECTRONIC
RECORD.
(J) "ELECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING ELECTRICAL,
DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMILAR CAPA-
BILITIES.
(K) "ELECTRONIC COMMUNICATION" HAS THE MEANING SET FORTH IN 18 U.S.C.
SECTION 2510(12), AS AMENDED.
(L) "ELECTRONIC-COMMUNICATION SERVICE" MEANS A CUSTODIAN THAT PROVIDES
TO A USER THE ABILITY TO SEND OR RECEIVE AN ELECTRONIC COMMUNICATION.
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(M) "FIDUCIARY" INCLUDES AN EXECUTOR, PRELIMINARY EXECUTOR, ADMINIS-
TRATOR, TEMPORARY ADMINISTRATOR, VOLUNTARY ADMINISTRATOR, PERSONAL
REPRESENTATIVE, GUARDIAN, AGENT, OR TRUSTEE. THIS TERM INCLUDES THE
SUCCESSOR TO ANY FIDUCIARY.
(N) "GUARDIAN" MEANS A PERSON WHO HAS BEEN APPOINTED AS A GUARDIAN BY
A COURT OF THIS STATE PURSUANT TO THE SURROGATE'S COURT PROCEDURE ACT OR
THE MENTAL HYGIENE LAW.
(O) "INFORMATION" MEANS DATA, METADATA, INTERNET PROTOCOL ADDRESS,
USER LOGIN INFORMATION, TEXT, IMAGES, VIDEOS, SOUNDS, CODES, COMPUTER
PROGRAMS, SOFTWARE, DATABASES, OR SIMILAR INTELLIGENCE OF ANY NATURE.
(P) "ONLINE TOOL" MEANS AN ELECTRONIC SERVICE PROVIDED BY A CUSTODIAN
THAT ALLOWS THE USER, IN AN AGREEMENT DISTINCT FROM THE TERMS-OF-SERVICE
AGREEMENT BETWEEN THE CUSTODIAN AND USER, TO PROVIDE DIRECTIONS FOR
DISCLOSURE OR NONDISCLOSURE OF DIGITAL ASSETS TO A THIRD PERSON.
(Q) "PERSON" MEANS A NATURAL PERSON, CORPORATION, BUSINESS TRUST,
ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION,
JOINT VENTURE, BUSINESS OR NONPROFIT ENTITY, PUBLIC CORPORATION, GOVERN-
MENT OR GOVERNMENTAL SUBDIVISION, AGENCY, OR INSTRUMENTALITY, OR OTHER
LEGAL OR COMMERCIAL ENTITY, BOARD AND THE STATE.
(R) "POWER OF ATTORNEY" MEANS A RECORD THAT GRANTS AN AGENT AUTHORITY
TO ACT IN THE PLACE OF A PRINCIPAL.
(S) "PRINCIPAL" MEANS AN INDIVIDUAL WHO GRANTS AUTHORITY TO AN AGENT
IN A POWER OF ATTORNEY.
(T) "PROTECTIVE ORDER" MEANS AN ORDER APPOINTING A GUARDIAN OR ANOTHER
ORDER RELATED TO MANAGEMENT OF A WARD'S PROPERTY.
(U) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
PERCEIVABLE FORM.
(V) "REMOTE-COMPUTING SERVICE" MEANS A CUSTODIAN THAT PROVIDES TO A
USER COMPUTER-PROCESSING SERVICES OR THE STORAGE OF DIGITAL ASSETS BY
MEANS OF AN ELECTRONIC COMMUNICATIONS SYSTEM, AS DEFINED IN 18 U.S.C.
SECTION 2510(14), AS AMENDED.
(W) "TERMS-OF-SERVICE AGREEMENT" MEANS AN AGREEMENT THAT CONTROLS THE
RELATIONSHIP BETWEEN A USER AND A CUSTODIAN.
(X) "TRUSTEE" INCLUDES AN ORIGINAL ADDITIONAL. AND SUCCESSOR TRUSTEE,
AND A CO-TRUSTEE.
(Y) "USER" MEANS A PERSON THAT HAS AN ACCOUNT WITH A CUSTODIAN.
(Z) "WARD" MEANS AN INDIVIDUAL FOR WHOM A GUARDIAN HAS BEEN APPOINTED
BY A COURT OF THIS STATE PURSUANT TO THE SURROGATE'S COURT PROCEDURE ACT
OR THE MENTAL HYGIENE LAW. THE TERM INCLUDES AN INDIVIDUAL FOR WHOM AN
APPLICATION OF GUARDIANSHIP IS PENDING.
PART 2. APPLICABILITY; PROCEDURE FOR DISCLOSURE, USER DIRECTIONS
S 13-A-2.1 APPLICABILITY
(A) THIS ARTICLE APPLIES TO:
(1) A FIDUCIARY ACTING UNDER A WILL, TRUST OR POWER OF ATTORNEY
EXECUTED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE;
(2) AN EXECUTOR, ADMINISTRATOR OR PERSONAL REPRESENTATIVE ACTING FOR A
DECEDENT WHO DIED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS ARTI-
CLE;
(3) A GUARDIANSHIP PROCEEDING COMMENCED BEFORE, ON, OR AFTER THE
EFFECTIVE DATE OF THIS ARTICLE; AND
(4) A TRUSTEE ACTING UNDER A TRUST CREATED BEFORE, ON, OR AFTER THE
EFFECTIVE DATE OF THIS ARTICLE.
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(B) THIS ARTICLE APPLIES TO A CUSTODIAN IF THE USER RESIDES IN THIS
STATE OR RESIDED IN THIS STATE AT THE TIME OF THE USER'S DEATH.
(C) THIS ARTICLE DOES NOT APPLY TO A DIGITAL ASSET OF AN EMPLOYER USED
BY AN EMPLOYEE IN THE ORDINARY COURSE OF THE EMPLOYER'S BUSINESS.
S 13-A-2.2 USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS
(A) A USER MAY USE AN ONLINE TOOL TO DIRECT THE CUSTODIAN TO DISCLOSE
OR NOT TO DISCLOSE SOME OR ALL OF THE USER'S DIGITAL ASSETS, INCLUDING
THE CONTENT OF ELECTRONIC COMMUNICATIONS. IF THE ONLINE TOOL ALLOWS THE
USER TO MODIFY OR DELETE A DIRECTION AT ALL TIMES, A DIRECTION REGARDING
DISCLOSURE USING AN ONLINE TOOL OVERRIDES A CONTRARY DIRECTION BY THE
USER IN A WILL, TRUST, POWER OF ATTORNEY, OR OTHER RECORD.
(B) IF A USER HAS NOT USED AN ONLINE TOOL TO GIVE DIRECTION UNDER
PARAGRAPH (A) OR IF THE CUSTODIAN HAS NOT PROVIDED AN ONLINE TOOL, THE
USER MAY ALLOW OR PROHIBIT IN A WILL, TRUST, POWER OF ATTORNEY, OR OTHER
RECORD, DISCLOSURE TO A FIDUCIARY OF SOME OR ALL OF THE USER'S DIGITAL
ASSETS, INCLUDING THE CONTENT OF ELECTRONIC COMMUNICATIONS SENT OR
RECEIVED BY THE USER.
(C) A USER'S DIRECTION UNDER PARAGRAPH (A) OR (B) OVERRIDES A CONTRARY
PROVISION IN A TERMS-OF-SERVICE AGREEMENT THAT DOES NOT REQUIRE THE USER
TO ACT AFFIRMATIVELY AND DISTINCTLY FROM THE USER'S ASSENT TO THE TERMS
OF SERVICE.
S 13-A-2.3 TERMS-OF-SERVICE AGREEMENT
(A) THIS ARTICLE DOES NOT CHANGE OR IMPAIR A RIGHT OF A CUSTODIAN OR A
USER UNDER A TERMS-OF-SERVICE AGREEMENT TO ACCESS AND USE DIGITAL ASSETS
OF THE USER.
(B) THIS ARTICLE DOES NOT GIVE A FIDUCIARY ANY NEW OR EXPANDED RIGHTS
OTHER THAN THOSE HELD BY THE USER FOR WHOM, OR FOR WHOSE ESTATE, THE
FIDUCIARY ACTS OR REPRESENTS.
(C) A FIDUCIARY'S ACCESS TO DIGITAL ASSETS MAY BE MODIFIED OR ELIMI-
NATED BY A USER, BY FEDERAL LAW, OR BY A TERMS-OF-SERVICE AGREEMENT IF
THE USER HAS NOT PROVIDED DIRECTION UNDER SECTION 13-A-2.2.
S 13-A-2.4 PROCEDURE FOR DISCLOSING DIGITAL ASSETS
(A) WHEN DISCLOSING DIGITAL ASSETS OF A USER UNDER THIS ARTICLE, THE
CUSTODIAN MAY AT ITS SOLE DISCRETION:
(1) GRANT A FIDUCIARY OR DESIGNATED RECIPIENT FULL ACCESS TO THE
USER'S ACCOUNT;
(2) GRANT A FIDUCIARY OR DESIGNATED RECIPIENT PARTIAL ACCESS TO THE
USER'S ACCOUNT SUFFICIENT TO PERFORM THE TASKS WITH WHICH THE FIDUCIARY
OR DESIGNATED RECIPIENT IS CHARGED; OR
(3) PROVIDE A FIDUCIARY OR DESIGNATED RECIPIENT A COPY IN A RECORD OF
ANY DIGITAL ASSET THAT, ON THE DATE THE CUSTODIAN RECEIVED THE REQUEST
FOR DISCLOSURE, THE USER COULD HAVE ACCESSED IF THE USER WERE ALIVE AND
HAD FULL CAPACITY AND ACCESS TO THE ACCOUNT.
(B) A CUSTODIAN MAY ASSESS A REASONABLE ADMINISTRATIVE CHARGE FOR THE
COST OF DISCLOSING DIGITAL ASSETS UNDER THIS ARTICLE.
(C) A CUSTODIAN NEED NOT DISCLOSE UNDER THIS ARTICLE A DIGITAL ASSET
DELETED BY A USER.
(D) IF A USER DIRECTS OR A FIDUCIARY REQUESTS A CUSTODIAN TO DISCLOSE
UNDER THIS ARTICLE SOME, BUT NOT ALL, OF THE USER'S DIGITAL ASSETS, THE
CUSTODIAN NEED NOT DISCLOSE THE ASSETS IF SEGREGATION OF THE ASSETS
WOULD IMPOSE AN UNDUE BURDEN ON THE CUSTODIAN. IF THE CUSTODIAN BELIEVES
THE DIRECTION OR REQUEST IMPOSES AN UNDUE BURDEN, THE CUSTODIAN OR FIDU-
CIARY MAY SEEK AN ORDER FROM THE COURT TO DISCLOSE:
(1) A SUBSET LIMITED BY DATE OF THE USER'S DIGITAL ASSETS;
(2) ALL OF THE USER'S DIGITAL ASSETS TO THE FIDUCIARY OR DESIGNATED
RECIPIENT;
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(3) NONE OF THE USER'S DIGITAL ASSETS; OR
(4) ALL OF THE USER'S DIGITAL ASSETS TO THE COURT FOR REVIEW IN
CAMERA.
PART 3. DISCLOSURE OF DIGITAL ASSETS TO FIDUCIARY
S 13-A-3.1 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 EXECUTOR, ADMINISTRATOR OR PERSONAL REPRESENTATIVE OF
THE ESTATE OF THE USER THE CONTENT OF AN ELECTRONIC COMMUNICATION SENT
OR RECEIVED BY THE USER IF THE EXECUTOR, ADMINISTRATOR OR REPRESENTATIVE
GIVES THE CUSTODIAN:
(A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
(B) A COPY OF THE DEATH CERTIFICATE OF THE USER;
(C) A CERTIFIED COPY OF THE LETTER OF APPOINTMENT OF THE EXECUTOR,
ADMINISTRATOR, OR PERSONAL REPRESENTATIVE OR A SMALL-ESTATE AFFIDAVIT OR
COURT ORDER;
(D) UNLESS THE USER PROVIDED DIRECTION USING AN ONLINE TOOL, A COPY OF
THE USER'S WILL, TRUST, OR OTHER RECORD EVIDENCING THE USER'S CONSENT TO
DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS; AND
(E) IF REQUESTED BY THE CUSTODIAN:
(1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE USER'S ACCOUNT;
(2) EVIDENCE LINKING THE ACCOUNT TO THE USER; OR
(3) A FINDING BY THE COURT THAT:
(A) THE USER HAD A SPECIFIC ACCOUNT WITH THE CUSTODIAN, IDENTIFIABLE
BY THE INFORMATION SPECIFIED IN SUBPARAGRAPH (1);
(B) DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS OF THE USER
WOULD NOT VIOLATE 18 U.S.C. SECTION 2701 ET SEQ., AS AMENDED, 47 U.S.C.
SECTION 222, AS AMENDED, OR OTHER APPLICABLE LAW;
(C) UNLESS THE USER PROVIDED DIRECTION USING AN ONLINE TOOL, THE USER
CONSENTED TO DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS; OR
(D) DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS OF THE USER
IS REASONABLY NECESSARY FOR ADMINISTRATION OF THE ESTATE.
S 13-A-3.2 DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER
UNLESS THE USER PROHIBITED DISCLOSURE OF DIGITAL ASSETS OR THE COURT
DIRECTS OTHERWISE, A CUSTODIAN SHALL DISCLOSE TO THE EXECUTOR, ADMINIS-
TRATOR OR PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED USER A
CATALOGUE OF ELECTRONIC COMMUNICATIONS SENT OR RECEIVED BY THE USER AND
DIGITAL ASSETS, OTHER THAN THE CONTENT OF ELECTRONIC COMMUNICATIONS, OF
THE USER, IF THE EXECUTOR, ADMINISTRATOR OR PERSONAL REPRESENTATIVE
GIVES THE CUSTODIAN:
(A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
(B) A COPY OF THE DEATH CERTIFICATE OF THE USER;
(C) A CERTIFIED COPY OF THE LETTER OF APPOINTMENT OF THE EXECUTOR,
ADMINISTRATOR, OR PERSONAL REPRESENTATIVE OR A SMALL-ESTATE AFFIDAVIT OR
COURT ORDER; AND
(D) IF REQUESTED BY THE CUSTODIAN:
(1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE USER'S ACCOUNT;
(2) EVIDENCE LINKING THE ACCOUNT TO THE USER;
(3) AN AFFIDAVIT STATING THAT DISCLOSURE OF THE USER'S DIGITAL ASSETS
IS REASONABLY NECESSARY FOR ADMINISTRATION OF THE ESTATE; OR
(4) A FINDING BY THE COURT THAT:
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(A) THE USER HAD A SPECIFIC ACCOUNT WITH THE CUSTODIAN, IDENTIFIABLE
BY THE INFORMATION SPECIFIED IN SUBPARAGRAPH (1); OR
(B) DISCLOSURE OF THE USER'S DIGITAL ASSETS IS REASONABLY NECESSARY
FOR ADMINISTRATION OF THE ESTATE.
S 13-A-3.3 DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCI-
PAL
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:
(A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
(B) A COPY OF THE POWER OF ATTORNEY EXPRESSLY GRANTING THE AGENT
AUTHORITY OVER THE CONTENT OF ELECTRONIC COMMUNICATIONS OF THE PRINCI-
PAL;
(C) AN AFFIDAVIT IN WHICH THE AFFIANT ATTESTS THAT THE COPY IS AN
ACCURATE COPY OF THE ORIGINAL POWER OF ATTORNEY AND THAT, TO THE BEST OF
THE AFFIANT'S KNOWLEDGE, THE POWER REMAINS IN EFFECT; AND
(D) IF REQUESTED BY THE CUSTODIAN:
(1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE PRINCIPAL'S
ACCOUNT; OR
(2) EVIDENCE LINKING THE ACCOUNT TO THE PRINCIPAL.
S 13-A-3.4 DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL
UNLESS OTHERWISE ORDERED BY THE COURT, DIRECTED BY THE PRINCIPAL, OR
PROVIDED BY A POWER OF ATTORNEY, A CUSTODIAN SHALL DISCLOSE TO AN AGENT
WITH SPECIFIC AUTHORITY OVER DIGITAL ASSETS OR GENERAL AUTHORITY TO ACT
ON BEHALF OF A PRINCIPAL A CATALOGUE OF ELECTRONIC COMMUNICATIONS SENT
OR RECEIVED BY THE PRINCIPAL AND DIGITAL ASSETS, OTHER THAN THE CONTENT
OF ELECTRONIC COMMUNICATIONS, OF THE PRINCIPAL IF THE AGENT GIVES THE
CUSTODIAN:
(A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
(B) A COPY OF THE POWER OF ATTORNEY THAT GIVES THE AGENT SPECIFIC
AUTHORITY OVER DIGITAL ASSETS OR GENERAL AUTHORITY TO ACT ON BEHALF OF
THE PRINCIPAL;
(C) AN AFFIDAVIT IN WHICH THE AFFIANT ATTESTS THAT THE COPY IS AN
ACCURATE COPY OF THE ORIGINAL POWER OF ATTORNEY AND THAT, TO THE BEST OF
THE AFFIANT'S KNOWLEDGE, THE POWER REMAINS IN EFFECT; AND
(D) IF REQUESTED BY THE CUSTODIAN:
(1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE PRINCIPAL'S
ACCOUNT; OR
(2) EVIDENCE LINKING THE ACCOUNT TO THE PRINCIPAL.
S 13-A-3.5 DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS
ORIGINAL USER
UNLESS OTHERWISE ORDERED BY THE COURT OR PROVIDED IN A TRUST, A CUSTO-
DIAN SHALL DISCLOSE TO A TRUSTEE THAT IS AN ORIGINAL USER OF AN ACCOUNT
ANY DIGITAL ASSET OF THE ACCOUNT HELD IN TRUST, INCLUDING A CATALOGUE OF
ELECTRONIC COMMUNICATIONS OF THE TRUSTEE AND THE CONTENT OF ELECTRONIC
COMMUNICATIONS.
S 13-A-3.6 DISCLOSURE OF CONTENTS OF ELECTRONIC COMMUNICATIONS HELD IN
TRUST WHEN TRUSTEE NOT ORIGINAL USER
UNLESS OTHERWISE ORDERED BY THE COURT, DIRECTED BY THE USER, OR
PROVIDED IN A TRUST, A CUSTODIAN SHALL DISCLOSE TO A TRUSTEE THAT IS NOT
AN ORIGINAL USER OF AN ACCOUNT THE CONTENT OF AN ELECTRONIC COMMUNI-
CATION SENT OR RECEIVED BY AN ORIGINAL OR SUCCESSOR USER AND CARRIED,
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MAINTAINED, PROCESSED, RECEIVED, OR STORED BY THE CUSTODIAN IN THE
ACCOUNT OF THE TRUST IF THE TRUSTEE GIVES THE CUSTODIAN:
(A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
(B) A COPY OF THE TRUST INSTRUMENT THAT INCLUDES CONSENT TO DISCLOSURE
OF THE CONTENT OF ELECTRONIC COMMUNICATIONS TO THE TRUSTEE;
(C) A CERTIFICATION BY THE TRUSTEE, UNDER PENALTY OF PERJURY, THAT THE
TRUST EXISTS AND THE TRUSTEE IS A CURRENTLY ACTING TRUSTEE OF THE TRUST;
AND
(D) IF REQUESTED BY THE CUSTODIAN:
(1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE TRUST'S ACCOUNT; OR
(2) EVIDENCE LINKING THE ACCOUNT TO THE TRUST.
S 13-A-3.7 DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE
NOT ORIGINAL USER
UNLESS OTHERWISE ORDERED BY THE COURT, DIRECTED BY THE USER, OR
PROVIDED IN A TRUST, A CUSTODIAN SHALL DISCLOSE, TO A TRUSTEE THAT IS
NOT AN ORIGINAL USER OF AN ACCOUNT, A CATALOGUE OF ELECTRONIC COMMUNI-
CATIONS SENT OR RECEIVED BY AN ORIGINAL OR SUCCESSOR USER AND STORED,
CARRIED, OR MAINTAINED BY THE CUSTODIAN IN AN ACCOUNT OF THE TRUST AND
ANY DIGITAL ASSETS, OTHER THAN THE CONTENT OF ELECTRONIC COMMUNICATIONS,
IN WHICH THE TRUST HAS A RIGHT OR INTEREST IF THE TRUSTEE GIVES THE
CUSTODIAN:
(A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
(B) A COPY OF THE TRUST INSTRUMENT;
(C) A CERTIFICATION BY THE TRUSTEE, UNDER PENALTY OF PERJURY, THAT THE
TRUST EXISTS AND THE TRUSTEE IS A CURRENTLY ACTING TRUSTEE OF THE TRUST;
AND
(D) IF REQUESTED BY THE CUSTODIAN:
(1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE TRUST'S ACCOUNT; OR
(2) EVIDENCE LINKING THE ACCOUNT TO THE TRUST.
S 13-A-3.8 DISCLOSURE OF DIGITAL ASSETS TO GUARDIAN OF WARD
(A) AFTER AN OPPORTUNITY FOR A HEARING CONCERNING THE APPOINTMENT OR
AUTHORITY OF A GUARDIAN, THE COURT MAY GRANT A GUARDIAN ACCESS TO THE
DIGITAL ASSETS OF A WARD.
(B) UNLESS OTHERWISE ORDERED BY THE COURT OR DIRECTED BY THE USER, A
CUSTODIAN SHALL DISCLOSE TO A GUARDIAN THE CATALOGUE OF ELECTRONIC
COMMUNICATIONS SENT OR RECEIVED BY A WARD AND ANY DIGITAL ASSETS, OTHER
THAN THE CONTENT OF ELECTRONIC COMMUNICATIONS, IN WHICH THE WARD HAS A
RIGHT OR INTEREST IF THE WARD GIVES THE CUSTODIAN:
(1) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
(2) A CERTIFIED COPY OF THE COURT ORDER THAT GIVES THE GUARDIAN
AUTHORITY OVER THE DIGITAL ASSETS OF THE WARD; AND
(3) IF REQUESTED BY THE CUSTODIAN:
(A) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE ACCOUNT OF THE
WARD; OR
(B) EVIDENCE LINKING THE ACCOUNT TO THE WARD.
(C) A GUARDIAN WITH GENERAL AUTHORITY TO MANAGE THE ASSETS OF A WARD
MAY REQUEST A CUSTODIAN OF THE DIGITAL ASSETS OF THE WARD TO SUSPEND OR
TERMINATE AN ACCOUNT OF THE WARD FOR GOOD CAUSE. A REQUEST MADE UNDER
THIS SECTION MUST BE ACCOMPANIED BY A CERTIFIED COPY OF THE COURT ORDER
GIVING THE GUARDIAN AUTHORITY OVER THE WARD'S PROPERTY.
PART 4. FIDUCIARY DUTY AND AUTHORITY, COMPLIANCE AND IMMUNITY
S 13-A-4.1 FIDUCIARY DUTY AND AUTHORITY
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(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 SECTION 13-A-2.2, IS SUBJECT TO
THE APPLICABLE TERMS OF SERVICE;
(2) IS SUBJECT TO OTHER APPLICABLE LAW, INCLUDING COPYRIGHT LAW;
(3) 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 AGREE-
MENT.
(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, INCLUDING THIS STATE'S LAW ON UNAU-
THORIZED COMPUTER ACCESS.
(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 UNAU-
THORIZED-COMPUTER-ACCESS LAWS, INCLUDING THIS STATE'S LAW ON UNAUTHOR-
IZED COMPUTER ACCESS.
(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 EITHER
PHYSICAL OR ELECTRONIC FORM, AND ACCOMPANIED BY:
(1) IF THE USER IS DECEASED, A COPY OF THE DEATH CERTIFICATE OF THE
USER;
(2) A CERTIFIED COPY OF THE LETTER OF APPOINTMENT OF THE EXECUTOR,
ADMINISTRATOR, OR PERSONAL REPRESENTATIVE OR A SMALL-ESTATE AFFIDAVIT OR
COURT ORDER, POWER OF ATTORNEY, OR TRUST GIVING THE FIDUCIARY AUTHORITY
OVER THE ACCOUNT; AND
(3) 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 THE USER HAD A SPECIFIC ACCOUNT WITH
THE CUSTODIAN, IDENTIFIABLE BY THE INFORMATION SPECIFIED IN ITEM (A).
S 13-A-4.2 CUSTODIAN COMPLIANCE AND IMMUNITY
(A) NOT LATER THAN SIXTY DAYS AFTER RECEIPT OF THE INFORMATION
REQUIRED UNDER SECTIONS 13-A-3.1 THROUGH 13-A-3.8, A CUSTODIAN SHALL
COMPLY WITH A REQUEST UNDER THIS ARTICLE 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 PARAGRAPH (A) DIRECTING COMPLIANCE MUST CONTAIN A
FINDING THAT COMPLIANCE IS NOT IN VIOLATION OF 18 U.S.C. SECTION 2702,
AS AMENDED.
A. 9910 9
(C) A CUSTODIAN MAY NOTIFY THE USER THAT A REQUEST FOR DISCLOSURE OR
TO TERMINATE AN ACCOUNT WAS MADE UNDER THIS ARTICLE.
(D) A CUSTODIAN MAY DENY A REQUEST UNDER THIS ARTICLE 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 ARTICLE DOES NOT LIMIT A CUSTODIAN'S ABILITY TO OBTAIN OR
REQUIRE A FIDUCIARY OR DESIGNATED RECIPIENT REQUESTING DISCLOSURE OR
TERMINATION UNDER THIS ARTICLE 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 PRIN-
CIPAL TO SUPPORT THE REQUESTED DISCLOSURE; AND
(3) CONTAINS A FINDING REQUIRED BY LAW OTHER THAN THIS ARTICLE.
(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 ARTICLE.
PART 5. MISCELLANEOUS PROVISIONS
S 13-A-5.1 RELATION TO ELECTRONIC SIGNATURE IN GLOBAL AND NATIONAL
COMMERCE ACT
THIS ARTICLE MODIFIES, LIMITS, OR SUPERSEDES THE ELECTRONIC SIGNATURES
IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. SECTION 7001 ET SEQ., BUT
DOES NOT MODIFY, LIMIT, OR SUPERSEDE SECTION 101(C) OF SUCH ACT, 15
U.S.C. SECTION 7001(C), OR AUTHORIZE ELECTRONIC DELIVERY OF ANY OF THE
NOTICES DESCRIBED IN SECTION 103(B) OF SUCH ACT, 15 U.S.C. SECTION
7003(B).
S 13-A-5.2 SEVERABILITY
IF ANY PROVISION OF THIS ARTICLE OR ITS APPLICATION TO ANY PERSON OR
CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS ARTICLE WHICH CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE
PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
S 2. This act shall take effect immediately.