Sec. 13.63.190. Definitions.

631 words·~3 min read·/ak/title-13/chapter-63/13-63-190

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In 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)“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 superior court to manage all or part of the estate of a living individual;

(6)“content of an electronic communication” means information concerning the substance or meaning of the 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; in this subparagraph,

(i)“electronic-communication service” means the ability to send or receive an electronic communication;

(ii)“remote-computing service” means computer- processing services or the storage of digital assets by means of an electronic communications system; in this sub-subparagraph, “electronic communications system” has the meaning given in 18 U.S.C. 2510; and

(C)is not readily accessible to the public;

(7)“custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user;

(8)“designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user;

(9)“digital asset” means an electronic record in which an individual has a right or interest, but does not include an underlying asset or liability unless the asset or liability is itself an electronic record;

(10)“electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(11)“electronic communication” has the meaning given in 18 U.S.C. 2510;

(12)“fiduciary” means an original, additional, or successor personal representative, conservator, agent, or trustee;

(13)“information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or similar items;

(14)“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;

(15)“person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or another legal entity;

(16)“personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter;

(17)“power of attorney” means a record that grants an agent authority to act in the place of a principal;

(18)“principal” means an individual who grants authority to an agent in a power of attorney;

(19)“protected person” means an individual for whom a conservator has been appointed or an individual for whom an application for the appointment of a conservator is pending;

(20)“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;

(21)“terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian;

(22)“trustee” means a fiduciary, whether the original fiduciary or a successor fiduciary, with legal title to property under an agreement or declaration that creates a beneficial interest in another person;

(23)“user” means a person that has an account with a custodian;

(24)“will” includes a codicil, a testamentary instrument that only appoints an executor, and an instrument that revokes or revises a testamentary instrument.