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 designated recipient's authority with respect to a digital asset of a user:

   1. (1) Except as otherwise provided in section 45a-334e, is subject to the applicable terms-of-service agreement;
   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, conserved person, principal or settlor has the right to access any digital asset in which the decedent, conserved 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, conserved person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including, but not limited to, section 53a-251.

5. (e) A fiduciary with authority over the tangible, personal property of a decedent, conserved 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 computerfraud and unauthorized-computer-access laws, including, but not limited to, section 53a-251.
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) A certified copy of the death certificate of the user if the user is deceased;

   2. (2) A certified copy of any one or more of the following that gives the fiduciary authority over the account:

      1. (A) A certificate of appointment as executor;
      2. (B) A certificate of appointment as conservator;
      3. (C) A power of attorney; or
      4. (D) A trust; 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 a court that the user had a specific account with the custodian that is identifiable by the information specified in subparagraph (A) of this subdivision.

(P.A. 16-145, S. 15.)