The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9910--A
                                                        Cal. No. 717

                          I N  A S S E M B L Y

                             April 26, 2016
                               ___________

Introduced  by M. of A. WEINSTEIN, TITONE, CRESPO, GOTTFRIED, SCHIMMING-
  ER, WEPRIN -- Multi-Sponsored by -- M.  of  A.  ABINANTI,  CYMBROWITZ,
  FARRELL,  GALEF,  GLICK,  JAFFEE,  MARKEY,  MILLER,  MORELLE,  PAULIN,
  PEOPLES-STOKES, ROSENTHAL, SKARTADOS, STIRPE --  (at  request  of  the
  Office  of  Court  Administration)  --  read  once and referred to the
  Committee on Judiciary -- reported and referred to  the  Committee  on
  Codes -- reported from committee, advanced to a third reading, amended
  and ordered reprinted, retaining its place on the order of third read-
  ing

AN  ACT  to amend the estates, powers and trusts law, in relation to the
  administration of digital assets

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The estates, powers and trusts law is amended by adding a
new article 13-A to read as follows:
                              ARTICLE 13-A
                    ADMINISTRATION OF DIGITAL ASSETS
                           SUMMARY OF ARTICLE

                           PART 1. DEFINITIONS
SECTION 13-A-1 DEFINITIONS.

    PART 2. APPLICABILITY, PROCEDURE FOR DISCLOSURE, USER DIRECTIONS
SECTION 13-A-2.1 APPLICABILITY.
        13-A-2.2 USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.
        13-A-2.3 TERMS-OF-SERVICE AGREEMENT.
        13-A-2.4 PROCEDURE FOR DISCLOSING DIGITAL ASSETS.

                PART 3. DISCLOSURE OF DIGITAL ASSETS TO FIDUCIARY
SECTION 13-A-3.1 DISCLOSURE OF CONTENT OF ELECTRONIC  COMMUNICATIONS  OF
                   DECEASED USER.
        13-A-3.2 DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.
        13-A-3.3 DISCLOSURE  OF  CONTENT OF ELECTRONIC COMMUNICATIONS OF
                   PRINCIPAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14544-02-6

A. 9910--A                          2

        13-A-3.4 DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL.
        13-A-3.5 DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE
                   IS ORIGINAL USER.
        13-A-3.6 DISCLOSURE  OF  CONTENTS  OF  ELECTRONIC COMMUNICATIONS
                   HELD IN TRUST WHEN TRUSTEE NOT ORIGINAL USER.
        13-A-3.7 DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN  TRUST  WHEN
                   TRUSTEE NOT ORIGINAL USER.
        13-A-3.8 DISCLOSURE OF DIGITAL ASSETS TO GUARDIAN OF WARD.

          PART 4. FIDUCIARY DUTY AND AUTHORITY, COMPLIANCE AND IMMUNITY
SECTION 13-A-4.1 FIDUCIARY DUTY AND AUTHORITY.
        13-A-4.2 CUSTODIAN COMPLIANCE AND IMMUNITY.

                    PART 5. MISCELLANEOUS PROVISIONS
SECTION 13-A-5.1 RELATION TO ELECTRONIC SIGNATURE IN GLOBAL AND NATIONAL
                   COMMERCE ACT.
        13-A-5.2 SEVERABILITY.

                           PART 1. DEFINITIONS
S 13-A-1 DEFINITIONS
  IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "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.
  (B)   "AGENT"   MEANS   A   PERSON   GRANTED   AUTHORITY   TO  ACT  AS
ATTORNEY-IN-FACT FOR  THE  PRINCIPAL  UNDER  A  POWER  OF  ATTORNEY  AND
INCLUDES THE ORIGINAL AGENT OR ANY CO-AGENT OR SUCCESSOR AGENT.
  (C)  "CARRIES"  MEANS  ENGAGES  IN  THE  TRANSMISSION OF AN ELECTRONIC
COMMUNICATION.
  (D) "CATALOGUE OF ELECTRONIC COMMUNICATIONS"  MEANS  INFORMATION  THAT
IDENTIFIES  EACH PERSON WITH WHICH A USER HAS HAD AN ELECTRONIC COMMUNI-
CATION, THE TIME AND DATE  OF  THE  COMMUNICATION,  AND  THE  ELECTRONIC
ADDRESS OF THE PERSON.
  (E)   "CONTENT  OF  AN  ELECTRONIC  COMMUNICATION"  MEANS  INFORMATION
CONCERNING THE SUBSTANCE OR MEANING OF THE COMMUNICATION WHICH:
  (1) HAS BEEN SENT OR RECEIVED BY A USER;
  (2)  IS  IN  ELECTRONIC  STORAGE   BY   A   CUSTODIAN   PROVIDING   AN
ELECTRONIC-COMMUNICATION  SERVICE  TO  THE PUBLIC OR IS CARRIED OR MAIN-
TAINED BY A  CUSTODIAN  PROVIDING  A  REMOTE-COMPUTING  SERVICE  TO  THE
PUBLIC; AND
  (3) IS NOT READILY ACCESSIBLE TO THE PUBLIC.
  (F)  "COURT"  MEANS  THE  COURT  IN  THIS STATE HAVING JURISDICTION IN
MATTERS RELATING TO THE CONTENT OF THIS ARTICLE.
  (G) "CUSTODIAN" MEANS A PERSON  THAT  CARRIES,  MAINTAINS,  PROCESSES,
RECEIVES, OR STORES A DIGITAL ASSET OF A USER.
  (H)  "DESIGNATED  RECIPIENT"  MEANS A PERSON CHOSEN BY A USER USING AN
ONLINE TOOL TO ADMINISTER DIGITAL ASSETS OF THE USER.
  (I) "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.
  (J)  "ELECTRONIC"  MEANS  RELATING  TO  TECHNOLOGY  HAVING ELECTRICAL,
DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMILAR  CAPA-
BILITIES.
  (K)  "ELECTRONIC COMMUNICATION" HAS THE MEANING SET FORTH IN 18 U.S.C.
SECTION 2510(12), AS AMENDED.

A. 9910--A                          3

  (L) "ELECTRONIC-COMMUNICATION SERVICE" MEANS A CUSTODIAN THAT PROVIDES
TO A USER THE ABILITY TO SEND OR RECEIVE AN ELECTRONIC COMMUNICATION.
  (M)  "FIDUCIARY"  INCLUDES AN EXECUTOR, PRELIMINARY EXECUTOR, ADMINIS-
TRATOR,  TEMPORARY  ADMINISTRATOR,  VOLUNTARY  ADMINISTRATOR,   PERSONAL
REPRESENTATIVE,  GUARDIAN,  AGENT,  OR  TRUSTEE.  THIS TERM INCLUDES THE
SUCCESSOR TO ANY FIDUCIARY.
  (N) "GUARDIAN" MEANS A PERSON WHO HAS BEEN APPOINTED AS A GUARDIAN  BY
A COURT OF THIS STATE PURSUANT TO THE SURROGATE'S COURT PROCEDURE ACT OR
THE MENTAL HYGIENE LAW.
  (O)  "INFORMATION"  MEANS  DATA,  METADATA, INTERNET PROTOCOL ADDRESS,
USER LOGIN INFORMATION, TEXT, IMAGES, VIDEOS,  SOUNDS,  CODES,  COMPUTER
PROGRAMS, SOFTWARE, DATABASES, OR SIMILAR INTELLIGENCE OF ANY NATURE.
  (P)  "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.
  (Q)  "PERSON"  MEANS  A  NATURAL  PERSON, CORPORATION, BUSINESS TRUST,
ESTATE, TRUST,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  ASSOCIATION,
JOINT VENTURE, BUSINESS OR NONPROFIT ENTITY, PUBLIC CORPORATION, GOVERN-
MENT  OR  GOVERNMENTAL SUBDIVISION, AGENCY, OR INSTRUMENTALITY, OR OTHER
LEGAL OR COMMERCIAL ENTITY, BOARD AND THE STATE.
  (R) "POWER OF ATTORNEY" MEANS A RECORD THAT GRANTS AN AGENT  AUTHORITY
TO ACT IN THE PLACE OF A PRINCIPAL.
  (S)  "PRINCIPAL"  MEANS AN INDIVIDUAL WHO GRANTS AUTHORITY TO AN AGENT
IN A POWER OF ATTORNEY.
  (T) "PROTECTIVE ORDER" MEANS AN ORDER APPOINTING A GUARDIAN OR ANOTHER
ORDER RELATED TO MANAGEMENT OF A WARD'S PROPERTY.
  (U) "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.
  (V)  "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.
SECTION 2510(14), AS AMENDED.
  (W) "TERMS-OF-SERVICE AGREEMENT" MEANS AN AGREEMENT THAT CONTROLS  THE
RELATIONSHIP BETWEEN A USER AND A CUSTODIAN.
  (X)  "TRUSTEE" INCLUDES AN ORIGINAL ADDITIONAL. AND SUCCESSOR TRUSTEE,
AND A CO-TRUSTEE.
  (Y) "USER" MEANS A PERSON THAT HAS AN ACCOUNT WITH A CUSTODIAN.
  (Z) "WARD" MEANS AN INDIVIDUAL FOR WHOM A GUARDIAN HAS BEEN  APPOINTED
BY A COURT OF THIS STATE PURSUANT TO THE SURROGATE'S COURT PROCEDURE ACT
OR  THE  MENTAL HYGIENE LAW. THE TERM INCLUDES AN INDIVIDUAL FOR WHOM AN
APPLICATION OF GUARDIANSHIP IS PENDING.

    PART 2. APPLICABILITY; PROCEDURE FOR DISCLOSURE; USER DIRECTIONS

S 13-A-2.1 APPLICABILITY
  (A) THIS ARTICLE APPLIES TO:
  (1) A FIDUCIARY ACTING UNDER  A  WILL,  TRUST  OR  POWER  OF  ATTORNEY
EXECUTED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE;
  (2) AN EXECUTOR, ADMINISTRATOR OR PERSONAL REPRESENTATIVE ACTING FOR A
DECEDENT  WHO DIED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS ARTI-
CLE;
  (3) A GUARDIANSHIP PROCEEDING  COMMENCED  BEFORE,  ON,  OR  AFTER  THE
EFFECTIVE DATE OF THIS ARTICLE; AND

A. 9910--A                          4

  (4)  A  TRUSTEE  ACTING UNDER A TRUST CREATED BEFORE, ON, OR AFTER THE
EFFECTIVE DATE OF THIS ARTICLE.
  (B)  THIS  ARTICLE  APPLIES TO A CUSTODIAN IF THE USER RESIDES IN THIS
STATE OR RESIDED IN THIS STATE AT THE TIME OF THE USER'S DEATH.
  (C) THIS ARTICLE DOES NOT APPLY TO A DIGITAL ASSET OF AN EMPLOYER USED
BY AN EMPLOYEE IN THE ORDINARY COURSE OF THE EMPLOYER'S BUSINESS.
S 13-A-2.2 USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS
  (A) A USER MAY USE AN ONLINE TOOL TO DIRECT THE CUSTODIAN TO  DISCLOSE
TO  A  DESIGNATED RECIPIENT OR NOT TO DISCLOSE SOME OR ALL OF THE USER'S
DIGITAL ASSETS, INCLUDING THE CONTENT OF ELECTRONIC  COMMUNICATIONS.  IF
THE  ONLINE  TOOL ALLOWS THE USER TO MODIFY OR DELETE A DIRECTION AT ALL
TIMES, A DIRECTION REGARDING DISCLOSURE USING AN ONLINE TOOL OVERRIDES A
CONTRARY DIRECTION BY THE USER IN A WILL, TRUST, POWER OF  ATTORNEY,  OR
OTHER RECORD.
  (B)  IF  A  USER  HAS  NOT USED AN ONLINE TOOL TO GIVE DIRECTION UNDER
PARAGRAPH (A) OR IF THE CUSTODIAN HAS NOT PROVIDED AN ONLINE  TOOL,  THE
USER MAY ALLOW OR PROHIBIT IN A WILL, TRUST, POWER OF ATTORNEY, OR OTHER
RECORD,  DISCLOSURE  TO A FIDUCIARY OF SOME OR ALL OF THE USER'S DIGITAL
ASSETS, INCLUDING THE  CONTENT  OF  ELECTRONIC  COMMUNICATIONS  SENT  OR
RECEIVED BY THE USER.
  (C) A USER'S DIRECTION UNDER PARAGRAPH (A) OR (B) OVERRIDES A CONTRARY
PROVISION IN A TERMS-OF-SERVICE AGREEMENT THAT DOES NOT REQUIRE THE USER
TO  ACT AFFIRMATIVELY AND DISTINCTLY FROM THE USER'S ASSENT TO THE TERMS
OF SERVICE.
S 13-A-2.3 TERMS-OF-SERVICE AGREEMENT
  (A) THIS ARTICLE DOES NOT CHANGE OR IMPAIR A RIGHT OF A CUSTODIAN OR A
USER UNDER A TERMS-OF-SERVICE AGREEMENT TO ACCESS AND USE DIGITAL ASSETS
OF THE USER.
  (B) THIS ARTICLE DOES NOT GIVE A FIDUCIARY OR A  DESIGNATED  RECIPIENT
ANY  NEW  OR EXPANDED RIGHTS OTHER THAN THOSE HELD BY THE USER FOR WHOM,
OR FOR WHOSE ESTATE, THE  FIDUCIARY  OR  DESIGNATED  RECIPIENT  ACTS  OR
REPRESENTS.
  (C)  A  FIDUCIARY'S OR DESIGNATED RECIPIENT'S ACCESS TO DIGITAL ASSETS
MAY BE MODIFIED OR ELIMINATED BY A USER, BY FEDERAL LAW, OR BY A  TERMS-
OF-SERVICE  AGREEMENT  IF  THE  USER  HAS  NOT  PROVIDED DIRECTION UNDER
SECTION 13-A-2.2.
S 13-A-2.4 PROCEDURE FOR DISCLOSING DIGITAL ASSETS
  (A) WHEN DISCLOSING DIGITAL ASSETS OF A USER UNDER THIS  ARTICLE,  THE
CUSTODIAN MAY AT ITS SOLE DISCRETION:
  (1)  GRANT  A  FIDUCIARY  OR  DESIGNATED  RECIPIENT FULL ACCESS TO THE
USER'S ACCOUNT;
  (2) GRANT A FIDUCIARY OR DESIGNATED RECIPIENT PARTIAL  ACCESS  TO  THE
USER'S  ACCOUNT SUFFICIENT TO PERFORM THE TASKS WITH WHICH THE FIDUCIARY
OR DESIGNATED RECIPIENT IS CHARGED; OR
  (3) PROVIDE A FIDUCIARY OR DESIGNATED RECIPIENT A COPY IN A RECORD  OF
ANY  DIGITAL  ASSET THAT, ON THE DATE THE CUSTODIAN RECEIVED THE REQUEST
FOR DISCLOSURE, THE USER COULD HAVE ACCESSED IF THE USER WERE ALIVE  AND
HAD FULL CAPACITY AND ACCESS TO THE ACCOUNT.
  (B)  A CUSTODIAN MAY ASSESS A REASONABLE ADMINISTRATIVE CHARGE FOR THE
COST OF DISCLOSING DIGITAL ASSETS UNDER THIS ARTICLE.
  (C) A CUSTODIAN NEED NOT DISCLOSE UNDER THIS ARTICLE A  DIGITAL  ASSET
DELETED BY A USER.
  (D)  IF A USER DIRECTS OR A FIDUCIARY REQUESTS A CUSTODIAN TO DISCLOSE
UNDER THIS ARTICLE SOME, BUT NOT ALL, OF THE USER'S DIGITAL ASSETS,  THE
CUSTODIAN  NEED  NOT  DISCLOSE  THE  ASSETS IF SEGREGATION OF THE ASSETS
WOULD IMPOSE AN UNDUE BURDEN ON THE CUSTODIAN. IF THE CUSTODIAN BELIEVES

A. 9910--A                          5

THE DIRECTION OR REQUEST IMPOSES AN UNDUE BURDEN, THE CUSTODIAN OR FIDU-
CIARY MAY SEEK AN ORDER FROM THE COURT TO DISCLOSE:
  (1) A SUBSET LIMITED BY DATE OF THE USER'S DIGITAL ASSETS;
  (2)  ALL  OF  THE USER'S DIGITAL ASSETS TO THE FIDUCIARY OR DESIGNATED
RECIPIENT;
  (3) NONE OF THE USER'S DIGITAL ASSETS; OR
  (4) ALL OF THE USER'S DIGITAL  ASSETS  TO  THE  COURT  FOR  REVIEW  IN
CAMERA.

            PART 3. DISCLOSURE OF DIGITAL ASSETS TO FIDUCIARY

S 13-A-3.1 DISCLOSURE   OF   CONTENT  OF  ELECTRONIC  COMMUNICATIONS  OF
             DECEASED USER
  IF A DECEASED USER CONSENTED OR A  COURT  DIRECTS  DISCLOSURE  OF  THE
CONTENTS  OF  ELECTRONIC COMMUNICATIONS OF THE USER, THE CUSTODIAN SHALL
DISCLOSE TO THE EXECUTOR, ADMINISTRATOR OR  PERSONAL  REPRESENTATIVE  OF
THE  ESTATE  OF THE USER THE CONTENT OF AN ELECTRONIC COMMUNICATION SENT
OR RECEIVED BY THE USER IF THE EXECUTOR, ADMINISTRATOR OR REPRESENTATIVE
GIVES THE CUSTODIAN:
  (A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
  (B) A COPY OF THE DEATH CERTIFICATE OF THE USER;
  (C) A CERTIFIED COPY OF THE LETTER OF  APPOINTMENT  OF  THE  EXECUTOR,
ADMINISTRATOR, OR PERSONAL REPRESENTATIVE OR A SMALL-ESTATE AFFIDAVIT OR
COURT ORDER;
  (D) UNLESS THE USER PROVIDED DIRECTION USING AN ONLINE TOOL, A COPY OF
THE USER'S WILL, TRUST, OR OTHER RECORD EVIDENCING THE USER'S CONSENT TO
DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS; AND
  (E) IF REQUESTED BY THE CUSTODIAN:
  (1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE USER'S ACCOUNT;
  (2) EVIDENCE LINKING THE ACCOUNT TO THE USER; OR
  (3) A FINDING BY THE COURT THAT:
  (A)  THE  USER HAD A SPECIFIC ACCOUNT WITH THE CUSTODIAN, IDENTIFIABLE
BY THE INFORMATION SPECIFIED IN SUBPARAGRAPH (1);
  (B) DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS OF THE USER
WOULD NOT VIOLATE 18 U.S.C. SECTION 2701 ET SEQ., AS AMENDED, 47  U.S.C.
SECTION 222, AS AMENDED, OR OTHER APPLICABLE LAW;
  (C)  UNLESS THE USER PROVIDED DIRECTION USING AN ONLINE TOOL, THE USER
CONSENTED TO DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS; OR
  (D) DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS OF THE USER
IS REASONABLY NECESSARY FOR ADMINISTRATION OF THE ESTATE.
S 13-A-3.2 DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER
  UNLESS THE USER PROHIBITED DISCLOSURE OF DIGITAL ASSETS OR  THE  COURT
DIRECTS  OTHERWISE, A CUSTODIAN SHALL DISCLOSE TO THE EXECUTOR, ADMINIS-
TRATOR OR PERSONAL REPRESENTATIVE OF THE ESTATE OF  A  DECEASED  USER  A
CATALOGUE  OF ELECTRONIC COMMUNICATIONS SENT OR RECEIVED BY THE USER AND
DIGITAL ASSETS, OTHER THAN THE CONTENT OF ELECTRONIC COMMUNICATIONS,  OF
THE  USER,  IF  THE  EXECUTOR,  ADMINISTRATOR OR PERSONAL REPRESENTATIVE
GIVES THE CUSTODIAN:
  (A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
  (B) A COPY OF THE DEATH CERTIFICATE OF THE USER;
  (C) A CERTIFIED COPY OF THE LETTER OF  APPOINTMENT  OF  THE  EXECUTOR,
ADMINISTRATOR, OR PERSONAL REPRESENTATIVE OR A SMALL-ESTATE AFFIDAVIT OR
COURT ORDER; AND
  (D) IF REQUESTED BY THE CUSTODIAN:

A. 9910--A                          6

  (1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE USER'S ACCOUNT;
  (2) EVIDENCE LINKING THE ACCOUNT TO THE USER;
  (3)  AN AFFIDAVIT STATING THAT DISCLOSURE OF THE USER'S DIGITAL ASSETS
IS REASONABLY NECESSARY FOR ADMINISTRATION OF THE ESTATE; OR
  (4) A FINDING BY THE COURT THAT:
  (A) THE USER HAD A SPECIFIC ACCOUNT WITH THE  CUSTODIAN,  IDENTIFIABLE
BY THE INFORMATION SPECIFIED IN SUBPARAGRAPH (1); OR
  (B)  DISCLOSURE  OF  THE USER'S DIGITAL ASSETS IS REASONABLY NECESSARY
FOR ADMINISTRATION OF THE ESTATE.
S 13-A-3.3 DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCI-
             PAL
  TO THE EXTENT A POWER OF ATTORNEY EXPRESSLY GRANTS AN AGENT  AUTHORITY
OVER  THE  CONTENT  OF ELECTRONIC COMMUNICATIONS SENT OR RECEIVED BY THE
PRINCIPAL AND UNLESS DIRECTED OTHERWISE BY THE PRINCIPAL OR THE COURT, A
CUSTODIAN SHALL DISCLOSE TO THE AGENT THE CONTENT IF THE AGENT GIVES THE
CUSTODIAN:
  (A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
  (B) A COPY OF THE POWER  OF  ATTORNEY  EXPRESSLY  GRANTING  THE  AGENT
AUTHORITY  OVER  THE CONTENT OF ELECTRONIC COMMUNICATIONS OF THE PRINCI-
PAL;
  (C) AN AFFIDAVIT IN WHICH THE AFFIANT ATTESTS  THAT  THE  COPY  IS  AN
ACCURATE COPY OF THE ORIGINAL POWER OF ATTORNEY AND THAT, TO THE BEST OF
THE AFFIANT'S KNOWLEDGE, THE POWER REMAINS IN EFFECT; AND
  (D) IF REQUESTED BY THE CUSTODIAN:
  (1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER  ASSIGNED  BY  THE  CUSTODIAN  TO  IDENTIFY  THE  PRINCIPAL'S
ACCOUNT; OR
  (2) EVIDENCE LINKING THE ACCOUNT TO THE PRINCIPAL.
S 13-A-3.4 DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL
  UNLESS OTHERWISE ORDERED BY THE COURT, DIRECTED BY THE  PRINCIPAL,  OR
PROVIDED  BY A POWER OF ATTORNEY, A CUSTODIAN SHALL DISCLOSE TO AN AGENT
WITH SPECIFIC AUTHORITY OVER DIGITAL ASSETS OR GENERAL AUTHORITY TO  ACT
ON  BEHALF  OF A PRINCIPAL A CATALOGUE OF ELECTRONIC COMMUNICATIONS SENT
OR RECEIVED BY THE PRINCIPAL AND DIGITAL ASSETS, OTHER THAN THE  CONTENT
OF  ELECTRONIC  COMMUNICATIONS,  OF THE PRINCIPAL IF THE AGENT GIVES THE
CUSTODIAN:
  (A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
  (B) A COPY OF THE POWER OF ATTORNEY  THAT  GIVES  THE  AGENT  SPECIFIC
AUTHORITY  OVER  DIGITAL ASSETS OR GENERAL AUTHORITY TO ACT ON BEHALF OF
THE PRINCIPAL;
  (C) AN AFFIDAVIT IN WHICH THE AFFIANT ATTESTS  THAT  THE  COPY  IS  AN
ACCURATE COPY OF THE ORIGINAL POWER OF ATTORNEY AND THAT, TO THE BEST OF
THE AFFIANT'S KNOWLEDGE, THE POWER REMAINS IN EFFECT; AND
  (D) IF REQUESTED BY THE CUSTODIAN:
  (1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER  ASSIGNED  BY  THE  CUSTODIAN  TO  IDENTIFY  THE  PRINCIPAL'S
ACCOUNT; OR
  (2) EVIDENCE LINKING THE ACCOUNT TO THE PRINCIPAL.
S 13-A-3.5 DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST  WHEN  TRUSTEE  IS
             ORIGINAL USER
  UNLESS OTHERWISE ORDERED BY THE COURT OR PROVIDED IN A TRUST, A CUSTO-
DIAN  SHALL DISCLOSE TO A TRUSTEE THAT IS AN ORIGINAL USER OF AN ACCOUNT
ANY DIGITAL ASSET OF THE ACCOUNT HELD IN TRUST, INCLUDING A CATALOGUE OF
ELECTRONIC COMMUNICATIONS OF THE TRUSTEE AND THE CONTENT  OF  ELECTRONIC
COMMUNICATIONS.

A. 9910--A                          7

S 13-A-3.6 DISCLOSURE  OF  CONTENTS OF ELECTRONIC COMMUNICATIONS HELD IN
             TRUST WHEN TRUSTEE NOT ORIGINAL USER
  UNLESS  OTHERWISE  ORDERED  BY  THE  COURT,  DIRECTED  BY THE USER, OR
PROVIDED IN A TRUST, A CUSTODIAN SHALL DISCLOSE TO A TRUSTEE THAT IS NOT
AN ORIGINAL USER OF AN ACCOUNT THE CONTENT  OF  AN  ELECTRONIC  COMMUNI-
CATION  SENT  OR  RECEIVED BY AN ORIGINAL OR SUCCESSOR USER AND CARRIED,
MAINTAINED, PROCESSED, RECEIVED, OR  STORED  BY  THE  CUSTODIAN  IN  THE
ACCOUNT OF THE TRUST IF THE TRUSTEE GIVES THE CUSTODIAN:
  (A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
  (B) A COPY OF THE TRUST INSTRUMENT THAT INCLUDES CONSENT TO DISCLOSURE
OF THE CONTENT OF ELECTRONIC COMMUNICATIONS TO THE TRUSTEE;
  (C) A CERTIFICATION BY THE TRUSTEE, UNDER PENALTY OF PERJURY, THAT THE
TRUST EXISTS AND THE TRUSTEE IS A CURRENTLY ACTING TRUSTEE OF THE TRUST;
AND
  (D) IF REQUESTED BY THE CUSTODIAN:
  (1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE TRUST'S ACCOUNT; OR
  (2) EVIDENCE LINKING THE ACCOUNT TO THE TRUST.
S 13-A-3.7 DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE
             NOT ORIGINAL USER
  UNLESS  OTHERWISE  ORDERED  BY  THE  COURT,  DIRECTED  BY THE USER, OR
PROVIDED IN A TRUST, A CUSTODIAN SHALL DISCLOSE, TO A  TRUSTEE  THAT  IS
NOT  AN  ORIGINAL USER OF AN ACCOUNT, A CATALOGUE OF ELECTRONIC COMMUNI-
CATIONS SENT OR RECEIVED BY AN ORIGINAL OR SUCCESSOR  USER  AND  STORED,
CARRIED,  OR  MAINTAINED BY THE CUSTODIAN IN AN ACCOUNT OF THE TRUST AND
ANY DIGITAL ASSETS, OTHER THAN THE CONTENT OF ELECTRONIC COMMUNICATIONS,
IN WHICH THE TRUST HAS A RIGHT OR INTEREST  IF  THE  TRUSTEE  GIVES  THE
CUSTODIAN:
  (A) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
  (B) A COPY OF THE TRUST INSTRUMENT;
  (C) A CERTIFICATION BY THE TRUSTEE, UNDER PENALTY OF PERJURY, THAT THE
TRUST EXISTS AND THE TRUSTEE IS A CURRENTLY ACTING TRUSTEE OF THE TRUST;
AND
  (D) IF REQUESTED BY THE CUSTODIAN:
  (1) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO IDENTIFY THE TRUST'S ACCOUNT; OR
  (2) EVIDENCE LINKING THE ACCOUNT TO THE TRUST.
S 13-A-3.8 DISCLOSURE OF DIGITAL ASSETS TO GUARDIAN OF WARD
  (A)  AFTER  AN OPPORTUNITY FOR A HEARING CONCERNING THE APPOINTMENT OR
AUTHORITY OF A GUARDIAN, THE COURT MAY GRANT A GUARDIAN  ACCESS  TO  THE
DIGITAL ASSETS OF A WARD.
  (B)  UNLESS  OTHERWISE ORDERED BY THE COURT OR DIRECTED BY THE USER, A
CUSTODIAN SHALL DISCLOSE TO  A  GUARDIAN  THE  CATALOGUE  OF  ELECTRONIC
COMMUNICATIONS  SENT OR RECEIVED BY A WARD AND ANY DIGITAL ASSETS, OTHER
THAN THE CONTENT OF ELECTRONIC COMMUNICATIONS, IN WHICH THE WARD  HAS  A
RIGHT OR INTEREST IF THE WARD GIVES THE CUSTODIAN:
  (1) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR ELECTRONIC FORM;
  (2)  A  CERTIFIED  COPY  OF  THE  COURT  ORDER THAT GIVES THE GUARDIAN
AUTHORITY OVER THE DIGITAL ASSETS OF THE WARD; AND
  (3) IF REQUESTED BY THE CUSTODIAN:
  (A) A NUMBER, USERNAME, ADDRESS, OR OTHER UNIQUE SUBSCRIBER OR ACCOUNT
IDENTIFIER ASSIGNED BY THE CUSTODIAN TO  IDENTIFY  THE  ACCOUNT  OF  THE
WARD; OR
  (B) EVIDENCE LINKING THE ACCOUNT TO THE WARD.
  (C)  A  GUARDIAN WITH GENERAL AUTHORITY TO MANAGE THE ASSETS OF A WARD
MAY REQUEST A CUSTODIAN OF THE DIGITAL ASSETS OF THE WARD TO SUSPEND  OR

A. 9910--A                          8

TERMINATE  AN  ACCOUNT  OF THE WARD FOR GOOD CAUSE. A REQUEST MADE UNDER
THIS SECTION MUST BE ACCOMPANIED BY A CERTIFIED COPY OF THE COURT  ORDER
GIVING THE GUARDIAN AUTHORITY OVER THE WARD'S PROPERTY.

      PART 4. FIDUCIARY DUTY AND AUTHORITY, COMPLIANCE AND IMMUNITY
S 13-A-4.1 FIDUCIARY DUTY AND AUTHORITY
  (A)  THE  LEGAL  DUTIES  IMPOSED  ON A FIDUCIARY CHARGED WITH MANAGING
TANGIBLE PROPERTY APPLY TO THE MANAGEMENT OF DIGITAL ASSETS, INCLUDING:
  (1) THE DUTY OF CARE;
  (2) THE DUTY OF LOYALTY; AND
  (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 13-A-2.2, 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; AND
  (4) MAY NOT BE USED TO IMPERSONATE THE USER.
  (C)  A FIDUCIARY WITH AUTHORITY OVER THE PROPERTY OF A DECEDENT, WARD,
PRINCIPAL, OR SETTLOR HAS THE RIGHT TO ACCESS ANY DIGITAL ASSET IN WHICH
THE DECEDENT, WARD, PRINCIPAL, OR SETTLOR HAD A RIGHT  OR  INTEREST  AND
THAT  IS NOT HELD BY A CUSTODIAN OR SUBJECT TO A TERMS-OF-SERVICE AGREE-
MENT.
  (D) A FIDUCIARY ACTING WITHIN THE SCOPE OF THE FIDUCIARY'S  DUTIES  IS
AN  AUTHORIZED USER OF THE PROPERTY OF THE DECEDENT, WARD, PRINCIPAL, OR
SETTLOR   FOR   THE   PURPOSE   OF   APPLICABLE    COMPUTER-FRAUD    AND
UNAUTHORIZED-COMPUTER-ACCESS  LAWS,  INCLUDING THIS STATE'S LAW ON UNAU-
THORIZED COMPUTER ACCESS.
  (E) A FIDUCIARY WITH AUTHORITY OVER THE TANGIBLE, PERSONAL PROPERTY OF
A DECEDENT, WARD, PRINCIPAL, OR SETTLOR;
  (1) HAS THE RIGHT TO ACCESS THE PROPERTY AND ANY DIGITAL ASSET  STORED
IN IT; AND
  (2)  IS AN AUTHORIZED USER FOR THE PURPOSE OF COMPUTER-FRAUD AND UNAU-
THORIZED-COMPUTER-ACCESS LAWS, INCLUDING THIS STATE'S LAW  ON  UNAUTHOR-
IZED COMPUTER ACCESS.
  (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:
  (1)  IF  THE  USER IS DECEASED, A COPY OF THE DEATH CERTIFICATE OF THE
USER;
  (2) A CERTIFIED COPY OF THE LETTER OF  APPOINTMENT  OF  THE  EXECUTOR,
ADMINISTRATOR, OR PERSONAL REPRESENTATIVE OR A SMALL-ESTATE AFFIDAVIT OR
COURT  ORDER, POWER OF ATTORNEY, OR TRUST GIVING THE FIDUCIARY AUTHORITY
OVER THE ACCOUNT; AND
  (3) IF REQUESTED BY THE CUSTODIAN:
  (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; OR
  (C) A FINDING BY THE COURT THAT THE USER HAD A SPECIFIC  ACCOUNT  WITH
THE CUSTODIAN, IDENTIFIABLE BY THE INFORMATION SPECIFIED IN ITEM (A).
S 13-A-4.2 CUSTODIAN COMPLIANCE AND IMMUNITY

A. 9910--A                          9

  (A)  NOT  LATER  THAN  SIXTY  DAYS  AFTER  RECEIPT  OF THE INFORMATION
REQUIRED UNDER SECTIONS 13-A-3.1 THROUGH  13-A-4.1,  A  CUSTODIAN  SHALL
COMPLY  WITH A REQUEST UNDER THIS ARTICLE FROM A FIDUCIARY OR DESIGNATED
RECIPIENT TO DISCLOSE DIGITAL ASSETS OR TERMINATE  AN  ACCOUNT.  IF  THE
CUSTODIAN  FAILS  TO  COMPLY,  THE FIDUCIARY OR DESIGNATED RECIPIENT MAY
APPLY TO THE COURT FOR AN ORDER DIRECTING COMPLIANCE.
  (B) AN ORDER UNDER PARAGRAPH (A) DIRECTING COMPLIANCE MUST  CONTAIN  A
FINDING  THAT  COMPLIANCE IS NOT IN VIOLATION OF 18 U.S.C. SECTION 2702,
AS AMENDED.
  (C) A CUSTODIAN MAY NOTIFY THE USER THAT A REQUEST FOR  DISCLOSURE  OR
TO TERMINATE AN ACCOUNT WAS MADE UNDER THIS ARTICLE.
  (D) A CUSTODIAN MAY DENY A REQUEST UNDER THIS ARTICLE FROM A FIDUCIARY
OR DESIGNATED RECIPIENT FOR DISCLOSURE OF DIGITAL ASSETS OR TO TERMINATE
AN ACCOUNT IF THE CUSTODIAN IS AWARE OF ANY LAWFUL ACCESS TO THE ACCOUNT
FOLLOWING THE RECEIPT OF THE FIDUCIARY'S REQUEST.
  (E)  THIS  ARTICLE  DOES  NOT LIMIT A CUSTODIAN'S ABILITY TO OBTAIN OR
REQUIRE A FIDUCIARY OR DESIGNATED  RECIPIENT  REQUESTING  DISCLOSURE  OR
TERMINATION UNDER THIS ARTICLE TO OBTAIN A COURT ORDER WHICH:
  (1) SPECIFIES THAT AN ACCOUNT BELONGS TO THE WARD OR PRINCIPAL;
  (2)  SPECIFIES THAT THERE IS SUFFICIENT CONSENT FROM THE WARD OR PRIN-
CIPAL TO SUPPORT THE REQUESTED DISCLOSURE; AND
  (3) CONTAINS A FINDING REQUIRED BY LAW OTHER THAN THIS ARTICLE.
  (F) A CUSTODIAN AND ITS OFFICERS, EMPLOYEES,  AND  AGENTS  ARE  IMMUNE
FROM  LIABILITY  FOR AN ACT OR OMISSION DONE IN GOOD FAITH IN COMPLIANCE
WITH THIS ARTICLE.

                    PART 5. MISCELLANEOUS PROVISIONS
S 13-A-5.1 RELATION TO  ELECTRONIC  SIGNATURE  IN  GLOBAL  AND  NATIONAL
              COMMERCE ACT
  THIS ARTICLE MODIFIES, LIMITS, OR SUPERSEDES THE ELECTRONIC SIGNATURES
IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. SECTION 7001 ET SEQ., BUT
DOES  NOT  MODIFY,  LIMIT,  OR  SUPERSEDE SECTION 101(C) OF SUCH ACT, 15
U.S.C. SECTION 7001(C), OR AUTHORIZE ELECTRONIC DELIVERY OF ANY  OF  THE
NOTICES  DESCRIBED  IN  SECTION  103(B)  OF  SUCH ACT, 15 U.S.C. SECTION
7003(B).
S 13-A-5.2 SEVERABILITY
  IF ANY PROVISION OF THIS ARTICLE OR ITS APPLICATION TO ANY  PERSON  OR
CIRCUMSTANCE  IS  HELD  INVALID,  THE  INVALIDITY  DOES NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS ARTICLE WHICH  CAN  BE  GIVEN  EFFECT
WITHOUT  THE  INVALID  PROVISION  OR  APPLICATION,  AND  TO THIS END THE
PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
  S 2. This act shall take effect immediately.