§ 33-27.1-2. Definitions.
For the purposes of this chapter:
(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) "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 a person appointed by a court to administer the property of a
living individual pursuant to chapter 15 of title 33. The term includes a limited conservator.
(6) "Content of an electronic communication� means information concerning the substance
or meaning of the communication that:
(i) Has been sent or received by a user;
(ii) 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
(iii) Is not readily accessible to the public.
(7) "Court� means a court of competent jurisdiction, including the probate court and the
superior court.
(8) "Custodian� means a person who or 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) "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 communicationâ€� has the meaning set forth in 18 U.S.C. § 2510 et seq., as amended.
(13) "Electronic communication service� means a custodian who or that provides to a user
the ability to send or receive an electronic communication.
(14) "Fiduciary� means an original, additional, or successor personal representative, guardian,
conservator, agent, or trustee.
(15) "Guardian� means a person appointed by the court to make decisions regarding the estate
of a living individual, including a person appointed pursuant to chapter 15 of title 33. The term includes a limited guardian.
(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, 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.
(18) "Person� means an individual, estate, partnership, association, trust, business or
nonprofit entity, public corporation, government or governmental subdivision, agency,
or instrumentality, or other legal entity.
(19) "Personal representative� means an executor, administrator, special administrator,
or person who or that performs substantially the same function under law of this state
other than this chapter.
(20) "Power of attorney� means a record that grants an agent authority to act in the place
of a principal.
(21) "Principal� means an individual who grants authority to an agent in a power of attorney.
(22) "Protected person� means an individual for whom a guardian or conservator has been
appointed pursuant to chapter 15 title 33.
(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 et seq., as amended.
(25) "Terms-of-service agreement� means an agreement that controls the relationship between
a user and a custodian.
(26) "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.
(27) "User� means a person that has an account with a custodian.
(28) "Will� includes a codicil, a testamentary instrument that only appoints an executor,
and an instrument that revokes or revises a testamentary instrument.