In this part 15:
(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) Catalog 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. The term includes a limited conservator.
(6) Content of an electronic communication means information concerning
the substance or meaning of a communication that:
(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; and
(c) Is not readily accessible to the public.
(7) Court means the district court, except in the city and county of Denver
where it is the probate 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 on-line
tool to administer digital assets of the user.
(10) Digital asset means an electronic record in which an individual has a
right or interest. The term 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 meaning set forth in 18 U.S.C. sec.
2510(12), as amended.
(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, or trustee.
(15) Information means data, text, images, videos, sounds, codes, computer
programs, software, databases, or the like.
(16) On-line 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; estate; business or nonprofit entity; public
corporation; government or governmental subdivision, agency, or instrumentality; or
other legal entity.
(18) Personal representative means an executor, administrator, special
administrator, or person that performs substantially the same function under law of
this state other than this part 15.
(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. The term 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 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 U.S.C. sec. 2510(14), as
amended.
(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. The term
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.