As used in this chapter, unless the context otherwise requires:
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 under chapter 633B.
3.“Carries” means engages in the transmission of an electronic communication.
4.“Catalogue 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 the same as defined in section 633.3. “Conservator” includes a
person ap
Free access — add to your briefcase to read the full text and ask questions with AI
As used in this chapter, unless the context otherwise requires:
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 under chapter 633B.
3. “Carries” means engages in the transmission of an electronic communication.
4. “Catalogue 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 the same as defined in section 633.3. “Conservator” includes a
person appointed to have the custody and control of the property of a protected person in a
limited conservatorship unless otherwise provided by order of the court.
6. “Contentofanelectroniccommunication”meansinformationconcerningthesubstance
or meaning of the communication to which all of the following apply:
a. The communication has been sent or received by a user.
b. The communication 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.
c. The communication is not readily accessible to the public.
7. “Court” means a district court in this state.
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 online tool to
administer digital assets of the user.
10. “Digitalasset”meansanelectronicrecordinwhichanindividualhasarightorinterest.
“Digital asset” does not include an underlying asset or liability unless the asset or liability is
itself an electronic record. “Digital asset” does not include health information or individually
identifiable health information as those terms are defined in the federal Health Insurance
Portability and Accountability Act of 1996, Pub. L. No. 104-191.
11. “Electronic”meansrelatingtotechnologyhavingelectrical,digital,magnetic,wireless,
optical, electromagnetic, or similar capabilities.
12. “Electronic communication” has the meaning set forth in 18 U.S.C. §2510(12).
13. “Electronic-communication service” means a custodian that provides to a user the
ability to send or receive an electronic communication.
14. “Fiduciary” means a personal representative, conservator, guardian, agent, or trustee.
15. “Guardian” means the same as defined in section 633.3. “Guardian” includes a person
appointed to have the custody and care of the person of the protected person in a limited
guardianship unless otherwise provided by order of the court.
16. “Information” means data, text, images, videos, sounds, codes, computer programs,
software, databases, or the like.
17. “Online tool” means an electronic service provided by a custodian that allows the user,
inanagreementdistinctfromtheterms-of-serviceagreementbetweenthecustodiananduser,
to provide directions for disclosure or nondisclosure of digital assets to a third person.
18. “Person” means an individual, estate, business or nonprofit entity, public corporation,
government or governmental subdivision, agency, instrumentality, or other legal entity.
19. “Personal representative” means the same as defined in section 633.3.
20. “Power of attorney” means the same as defined in section 633B.102.
21. “Principal” means the same as defined in section 633B.102.
22. “Protected person” means an individual for whom a conservator or guardian has
been appointed. “Protected person” includes an individual for whom an application for the
appointment of a conservator or guardian is pending and for which a court order authorizing
access under this chapter has been granted.
23. “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.
24. “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. §2510(14).
25. “Terms-of-service agreement” means an agreement that controls the relationship
between a user and a custodian.
26. “Trustee” means the same as defined in section 633.3 or 633A.1102.
27. “User” means a person that has an account with a custodian.
28. “Will” means the same as defined in section 633.3.