395A.020 Definitions for chapter.
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/ky/chapter-395a/395a-020A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used 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)"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 manage the estate of a living
individual. The term includes a limited conservator;
(6)"Content of an electronic communication" means information concerning the
substance or meaning of the communication which:
(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; and
(c)Is not readily accessible to the public;
(7)"Court" means District Court;
(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)"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 communication" has the meaning set forth in 18 U.S.C. sec. 2510(12),
as amended;
(13)"Electronic communication service" means a custodian that provides to a user the
ability to send or receive an electronic communication;
(14)"Fiduciary" means an original, additional, or successor personal representative,
conservator, agent, or trustee;
(15)"Information" means data, text, images, videos, sounds, codes, computer programs,
software, databases, or the like;
(16)"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;
(17)"Person" means an individual, estate, business or nonprofit entity, public
corporation, government or governmental subdivision, agency, or instrumentality,
or other legal entity;
(18)"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;
(19)"Power of attorney" means a record that grants an agent authority to act in the place
of a principal;
(20)"Principal" means an individual who grants authority to an agent in a power of
attorney;
(21)"Protected person" means an individual for whom a conservator has been appointed.
The term includes an individual for whom an application for the appointment of a
conservator is pending;
(22)"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;
(23)"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. sec. 2510(14), as amended;
(24)"Terms of service agreement" means an agreement that controls the relationship
between a user and a custodian;
(25)"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;
(26)"User" means a person that has an account with a custodian; and
(27)"Will" includes a codicil, testamentary instrument that only appoints an executor,
and instrument that revokes or revises a testamentary instrument.