A.The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable:
3.The duty of confidentiality.
B.A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
1.Except as otherwise provided in section 14-13104, is subject to the applicable terms of service.
2.Is subject to other applicable law, including copyright law.
3.In the case of a fiduciary, is limited by the scope of the fiduciary's duties.
4.May not be used to impersonate the user.
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 th
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A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable:
1. The duty of care.
2. The duty of loyalty.
3. The duty of confidentiality.
B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
1. Except as otherwise provided in section 14-13104, is subject to the applicable terms of service.
2. Is subject to other applicable law, including copyright law.
3. In the case of a fiduciary, is limited by the scope of the fiduciary's duties.
4. May not be used to impersonate the user.
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.
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 section 13-2316.
E. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor:
1. Has the right to access the property and any digital asset stored in it.
2. Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 13-2316.
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.
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 all of the following:
1. If the user is deceased, a certified copy of the death certificate of the user.
2. A certified copy of the letters testamentary of the representative, small-estate affidavit, court order, power of attorney or trust giving the fiduciary authority over the account.
3. If requested by the custodian any of the following:
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account.
(b) Evidence linking the account to the user.
(c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.