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.