14-13102. Definitions

In this chapter, unless the context otherwise requires:

1. " 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.

2. " Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney.

3. " Carries" means engages in the transmission of an electronic communication.

4. " Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication and the electronic address of the person.

5. " Conservator" means a person appointed by a court to manage the estate of a living individual and includes a limited conservator and a fiduciary as defined in section 14-5651, subsection K.

6. " Content of an electronic communication" means information concerning the substance or meaning of the communication that meets all of the following requirements:

(a) Has been sent or received by a user.

(b) Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public.

(c) Is not readily accessible to the public.

7. " Court" means the superior court.

8. " Custodian" means a person that carries, maintains, processes, receives or stores a digital asset of a user.

9. " Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.

10. " Digital asset" means an electronic record in which an individual has a right or interest. Digital asset does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

11. " Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

12. " Electronic communication" has the same meaning prescribed in 18 United States Code section 2510(12).

13. " Electronic-communication service" means a custodian that provides to a user the ability to send or receive an electronic communication.

14. " Fiduciary" means an original, additional or successor personal representative, conservator, agent, trustee or a fiduciary as defined in section 14-5651, subsection K.

15. " Information" means data, text, images, videos, sounds, codes, computer programs, software, databases or the like.

16. " 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.

17. " Person" means an individual, an estate, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency or instrumentality or any other legal entity.

18. " Personal representative" means an executor, an administrator, a special administrator or person that performs substantially the same function under law of this state other than this chapter.

19. " Power of attorney" means a record that grants an agent authority to act in the place of a principal.

20. " Principal" means an individual who grants authority to an agent in a power of attorney.

21. " Protected person" means an individual for whom a conservator has been appointed. Protected person includes an individual for whom an application for the appointment of a conservator is pending.

22. " Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.

23. " 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 United States Code section 2510(14).

24. " Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian.

25. " Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. Trustee includes a successor trustee.

26. " User" means a person that has an account with a custodian.

27. " Will" includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument.