(1)The legal duties imposed on a
fiduciary charged with managing tangible property apply to the management of
digital assets, including:
(b)The duty of loyalty; and
(c)The duty of confidentiality.
(2)A fiduciary's or designated recipient's authority with respect to a digital
asset of a user:
(a)Except as otherwise provided in section 15-1-1504, is subject to the
applicable terms of service;
(b)Is subject to other applicable law, including copyright law;
(c)In the case of a fiduciary, is limited by the scope of the fiduciary's duties;
and
(d)May not be used to impersonate the user.
(3)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
deceden
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(1) The legal duties imposed on a
fiduciary charged with managing tangible property apply to the management of
digital assets, including:
(a) The duty of care;
(b) The duty of loyalty; and
(c) The duty of confidentiality.
(2) A fiduciary's or designated recipient's authority with respect to a digital
asset of a user:
(a) Except as otherwise provided in section 15-1-1504, is subject to the
applicable terms of service;
(b) Is subject to other applicable law, including copyright law;
(c) In the case of a fiduciary, is limited by the scope of the fiduciary's duties;
and
(d) May not be used to impersonate the user.
(3) 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.
(4) 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 article 5.5 of title 18, C.R.S.
(5) A fiduciary with authority over the tangible, personal property of a
decedent, protected person, principal, or settlor:
(a) Has the right to access the property and any digital asset stored in it; and
(b) Is an authorized user for the purpose of computer-fraud and
unauthorized-computer-access laws, including article 5.5 of title 18, C.R.S.
(6) 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) 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:
(a) If the user is deceased, a certified copy of the death certificate of the
user;
(b) A certified copy of the letter of appointment of the representative or a
small-estate affidavit or court order, court order, power of attorney, or trust giving
the fiduciary authority over the account; and
(c) If requested by the custodian:
(I) A number, username, address, or other unique subscriber or account
identifier assigned by the custodian to identify the user's account;
(II) Evidence linking the account to the user; or
(III) A finding by the court that the user had a specific account with the
custodian, identifiable by the information specified in subparagraph (I) of this
paragraph (c).
(8) A domiciliary foreign personal representative is not required to comply
with the provisions of section 15-13-204, or with any other provision of article 13 of
this title, as a condition to obtaining disclosure of a digital asset pursuant to this
part 15.
(9) A foreign conservator is not required to comply with the provisions of
section 15-14-433 as a condition to obtaining disclosure of a digital asset pursuant
to this part 15.