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.