In this part 15:
"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.
"Agent" means an attorney-in-fact granted authority under a durable or nondurablepower of attorney.
"Carries" means engages in the transmission of an electronic communication.
"Catalog 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.
"Conservator" means a person appointed by a court to manage the estate of a livingindividual. The term includes a limited conservator.
"Content of an electronic communication" means information concerning the substance or meaning of a communication that: (a) Has been sent or received by a user;
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
Is not readily accessible to the public.
"Court" means the district court, except in the city and county of Denver where it isthe probate court.
"Custodian" means a person that carries, maintains, processes, receives, or stores adigital asset of a user.
"Designated recipient" means a person chosen by a user using an on-line tool toadminister digital assets of the user.
"Digital asset" means an electronic record in which an individual has a right orinterest. 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. sec. 2510(12),as amended.
"Electronic-communication service" means a custodian that provides to a user theability to send or receive an electronic communication.
"Fiduciary" means an original, additional, or successor personal representative, conservator, agent, or trustee.
"Information" means data, text, images, videos, sounds, codes, computer programs,software, databases, or the like.
"On-line tool" means an electronic service provided by a custodian that allows theuser, 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 law of this state other than this part 15.
"Power of attorney" means a record that grants an agent authority to act in the placeof a principal.
"Principal" means an individual who grants authority to an agent in a power ofattorney.
"Protected person" means an individual for whom a conservator has been appointed.The term includes an individual for whom an application for the appointment of a conservator is pending.
"Record" means information that is inscribed on a tangible medium or that is storedin an electronic or other medium and is retrievable in perceivable form.
"Remote-computing service" means a custodian that provides to a user computerprocessing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. sec. 2510(14), as amended.
"Terms-of-service agreement" means an agreement that controls the relationshipbetween a user and a custodian.
"Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.
"User" means a person that has an account with a custodian.
"Will" includes a codicil, testamentary instrument that only appoints an executor,and instrument that revokes or revises a testamentary instrument.
Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 179, § 1, effective August 10.