3B:14-61.2 Definitions.

2. Definitions. As used in this act:

"Account" means an arrangement under a terms-of-service in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.

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

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

"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.

"Content of an electronic communication" means information concerning the substance or meaning of the communication which:

(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; and

(c) is not readily accessible to the public.

"Court" means the Probate Part of the Chancery Division of the Superior Court. For the purposes of this act, "court" includes the Surrogate's Court acting within the scope of its authority pursuant to statute or the Rules of Court.

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

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

"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.

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

"Electronic communication" has the meaning set forth in 18 U.S.C. s.2510(12).

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

"Fiduciary" means an original, additional, or successor personal

representative, guardian, agent, or trustee.

"Guardian" means a person appointed by the court to make decisions regarding the property of an incapacitated adult, including a person appointed in accordance with N.J.S.3B:12-1 et seq. or its equivalent in a state other than New Jersey.

"Incapacitated person" means an incapacitated individual, as defined in N.J.S.3B:1-2, for whom a guardian has been appointed.

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

"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.

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

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

"Power of attorney" means a written instrument by which an individual known as the principal authorizes another individual or individuals or a qualified bank within the meaning of section 28 of P.L.1948, c.67 (C.17:9A-28) known as the attorney-in-fact to perform specified acts on behalf of the principal as the principal's agent.

"Principal" means an individual, at least 18 years of age, who, in a power of attorney, authorizes an agent to act.

"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.

"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. s.2510(14).

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

"Trustee" means a fiduciary with legal title to property pursuant to an agreement or declaration that creates a beneficial interest in another. "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by court.

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

"Will" means the last will and testament of a testator or testatrix and includes any codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of a person or class to succeed to property of the decedent passing by intestate succession.

L.2017, c.237, s.2.