1. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

   1. (1) the duty of care;
   2. (2) the duty of loyalty; and
   3. (3) the duty of confidentiality.

2. (b) A fiduciary’s or a designated recipient’s authority with respect to a digital asset of a user:

   1. (1) except as otherwise provided in Section 19-1A-4, is subject to the applicable terms of service;
   2. (2) is subject to other applicable law, including copyright law;
   3. (3) in the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and
   4. (4) may not be used to impersonate the user.
3. (c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
4. (d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including this state’s law on unauthorized computer access.

5. (e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:

   1. (1) has the right to access the property and any digital asset stored in it; and
   2. (2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including Article 5A of Chapter 8, Title 13A, 18 U.S.C. Section 2701 et seq., and 47 U.S.C. Section 222.
6. (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.

7. (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. (1) if the user is deceased, a copy of the death certificate of the user;
   2. (2) a copy of the letters testamentary, letters of administration, court order, power of attorney, or trust giving the fiduciary authority over the account; and

   3. (3) if requested by the custodian:

      1. (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
      2. (B) evidence linking the account to the user; or
      3. (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A).

(Act 2017-316, §1.)