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 § 15-603 of this subtitle, 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 a 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 § 7-302 of the Criminal Law Article.

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 the digital assets stored in it; and
   2. (2) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including § 7-302 of the Criminal Law Article.
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)

   1. (1) A fiduciary of a user may request a custodian to terminate the user's account.

   2. (2) The fiduciary shall submit the request for termination to the custodian in writing, in either physical or electronic form, accompanied by:

      1. (i) If the user is deceased, a copy of the death certificate of the user;
      2. (ii) A copy of the letters of administration of the personal representative or court order appointing a special administrator, power of attorney, or trust granting the fiduciary authority over the account; and

      3. (iii) If requested by the custodian:

         1. 1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
         2. 2. Evidence linking the account to the user; or
         3. 3. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in item 1 of this item.

Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016. Amended by Acts 2017, c. 62, § 1, eff. April 11, 2017.