S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7604--A
    Cal. No. 1132

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to  the  Committee  on Judiciary -- reported favorably from
  said committee, ordered to first  report,  amended  on  first  report,
  ordered  to a second report and ordered reprinted, retaining its place
  in the order of second report

AN ACT to amend the estates, powers and trusts law, in relation  to  the
  administration of digital assets

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The estates, powers and trusts law is amended by  adding  a
new article 13-A to read as follows:
                              ARTICLE 13-A
                    ADMINISTRATION OF DIGITAL ASSETS
                           SUMMARY OF ARTICLE

                           PART 1. DEFINITIONS
SECTION 13-A-1 DEFINITIONS.

    PART 2. APPLICABILITY, PROCEDURE FOR DISCLOSURE, USER DIRECTIONS
SECTION 13-A-2.1 APPLICABILITY.
        13-A-2.2 USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.
        13-A-2.3 TERMS-OF-SERVICE AGREEMENT.
        13-A-2.4 PROCEDURE FOR DISCLOSING DIGITAL ASSETS.

                PART 3. DISCLOSURE OF DIGITAL ASSETS TO FIDUCIARY
SECTION 13-A-3.1 DISCLOSURE  OF  CONTENT OF ELECTRONIC COMMUNICATIONS OF
                   DECEASED USER.
        13-A-3.2 DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.
        13-A-3.3 DISCLOSURE OF CONTENT OF ELECTRONIC  COMMUNICATIONS  OF
                   PRINCIPAL.
        13-A-3.4 DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL.
        13-A-3.5 DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE
                   IS ORIGINAL USER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14544-03-6

S. 7604--A                          2

        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.

S. 7604--A                          3

  (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.

S. 7604--A                          4

  (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
TO A DESIGNATED RECIPIENT 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 OR A DESIGNATED RECIPIENT
ANY NEW OR EXPANDED RIGHTS OTHER THAN THOSE HELD BY THE USER  FOR  WHOM,
OR  FOR  WHOSE  ESTATE,  THE  FIDUCIARY  OR DESIGNATED RECIPIENT ACTS OR
REPRESENTS.
  (C) A FIDUCIARY'S OR DESIGNATED RECIPIENT'S ACCESS TO  DIGITAL  ASSETS
MAY  BE MODIFIED OR ELIMINATED 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:

S. 7604--A                          5

  (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;
  (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;

S. 7604--A                          6

  (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:
  (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

S. 7604--A                          7

  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,
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

S. 7604--A                          8

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
  (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 OR DESIGNATED RECIPIENT'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) 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 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-4.1,  A  CUSTODIAN  SHALL

S. 7604--A                          9

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.
  (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.