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PRIOR PRINTER'S NO. 483
PRINTER'S NO. 1371
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
518
Session of
2015
INTRODUCED BY PILEGGI, BAKER, COSTA, RAFFERTY, FOLMER, GORDNER,
VULAKOVICH, HUGHES, SCHWANK AND TARTAGLIONE,
FEBRUARY 20, 2015
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, OCTOBER 27, 2015
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in fiduciary access to
digital assets, providing for access by personal
representative to digital assets of decedent, for access by
conservator to digital assets of protected person, for
access by agent to digital assets of principal, for access by
trustee to digital assets, for fiduciary authority, for
compliance, for custodian immunity, for uniformity of
application and construction and for applicability. ENACTING
THE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
(2015); AND PROVIDING FOR USER DIRECTION AND AGREEMENTS, FOR
DISCLOSURE OF DIGITAL ASSETS, FOR FUNCTIONS OF FIDUCIARIES
AND FOR COMPLIANCE AND IMMUNITY FOR CUSTODIANS OF DIGITAL
ASSETS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 39
FIDUCIARY ACCESS TO DIGITAL ASSETS
Sec.
3901. Definitions.
3902. Access by personal representative to digital assets of
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decedent.
3903. Access by conservator to digital assets of protected
person.
3904. Access by agent to digital assets of principal.
3905. Access by trustee to digital assets.
3906. Fiduciary authority.
3907. Compliance.
3908. Custodian immunity.
3909. Uniformity of application and construction.
3910. Relation to Electronic Signatures in Global and National
Commerce Act.
3911. Applicability.
§ 3901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account holder." Either of the following:
(1) a person that has entered into a terms-of-service
agreement with a custodian; or
(2) a fiduciary for a person described in paragraph (1).
"Agent." An attorney-in-fact granted authority under a
durable or nondurable power of attorney.
"Carries." Engaging in the transmission of electronic
communications.
"Catalog of electronic communications." Information that
identifies each person with which an account holder has had an
electronic communication, the time and date of the communication
and the electronic address of the person.
"Conservator." A person appointed by a court to manage the
estate of a living individual. The term includes a limited
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conservator.
"Content of an electronic communication." Information not
readily accessible to the public concerning the substance or
meaning of an electronic communication.
"Custodian." A person that carries, maintains, processes,
receives or stores a digital asset of an account holder.
"Digital asset." A record that is electronic. The term does
not include an underlying asset or liability unless the asset or
liability is itself a record that is electronic.
"Electronic." Relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic or similar
capabilities.
"Electronic communication." A digital asset stored by an
electronic communication service or carried or maintained by a
remote computing service. The term includes the catalog of
electronic communications and the content of an electronic
communication.
"Electronic communication service." A custodian that
provides to the public the ability to send or receive an
electronic communication.
"Fiduciary." A person that is an original, additional or
successor personal representative, conservator, agent or
trustee.
"Governing instrument." A will, trust or instrument
establishing a power of attorney or other dispositive or
nominative instrument.
"Information." Data, text, images, videos, sounds, codes,
computer programs, software, databases or the like.
"Person." An individual, estate, business or nonprofit
entity , public corporation, government or governmental
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subdivision, agency or instrumentality or other legal entity.
"Personal representative." An executor, administrator,
special administrator or person that performs substantially the
same function under the laws of this Commonwealth other than
this chapter.
"Power of attorney." A record that grants an agent authority
to act in the place of a principal.
"Principal." An individual who grants authority to an agent
in a power of attorney.
"Protected person." 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.
"Record." Information that is inscribed on a tangible medium
or stored in an electronic or other medium and is retrievable in
perceivable form.
"Remote computing service." A custodian that provides to the
public 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) (relating to definitions).
"Terms-of-service agreement." An agreement that controls the
relationship between an account holder and a custodian.
"Trustee." A fiduciary with legal title to an asset under an
agreement or declaration that establishes a beneficial interest
in others.
"Will." Includes a codicil, testamentary instrument that
only appoints an executor and instrument that revokes or revises
a testamentary instrument.
§ 3902. Access by personal representative to digital assets of
decedent.
Subject to section 3906(b) (relating to fiduciary authority)
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and unless otherwise provided by the court or the will of a
decedent, a personal representative of the decedent may access:
(1) the content of an electronic communication sent or
received by the decedent if the electronic communication
service or remote computing service is permitted to disclose
the content under 18 U.S.C. § 2702(b) (relating to voluntary
disclosure of customer communications or records);
(2) the catalog of electronic communications sent or
received by the decedent; and
(3) another digital asset in which the decedent at death
had a right or interest.
§ 3903. Access by conservator to digital assets of protected
person.
After an opportunity for hearing unde r Chapter 51 (relating
to minors) or Subchapter C of Chapter 55 (relating to
appointment of guardian; bonds; removal and discharge), the
court may grant a conservator the ri ght to access:
(1) the content of an electronic communication sent or
received by the protected person if the electronic
communication service or remote computing service is
permitted to disclose the content under 18 U.S.C. § 2702(b)
(relating to voluntary disclosure of customer communications
or records);
(2) the catalog of electronic communications sent or
received by the protected person; and
(3) another digital asset in which the protected person
has a right or interest.
§ 3904. Access by agent to digital assets of principal.
(a) Express grant of authority.--To the extent a power of
attorney expressly grants authority to an agent over the content
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of an electronic communication of the principal, the agent may
access the content of an electronic communication sent or
received by the principal if the electronic communication
service or remote computing service is permitted to disclose the
content under 18 U.S.C. § 2702(b) (relating to voluntary
disclosure of customer communications or records).
(b) Authority of agent.--Except as provided in subsection
(a) and unless otherwise provided by a power of attorney or the
court, an agent may access:
(1) the catalog of electronic communications sent or
received by the principal; and
(2) a digital asset in which the principal has a right
or interest.
§ 3905. Access by trustee to digital assets.
Subject to section 3906(b) (relating to fiduciary authority)
and unless otherwise provided by the court or the settlor in the
terms of a trust, a trustee or successor of the trustee that is:
(1) an original account holder may access a digital
asset held in trust, including the catalog of electronic
communications sent or received by the trustee and the
content of an electronic communication; and
(2) not an original account holder may access:
(i) the content of an electronic communication sent
or received by the original or a successor account holder
if the electronic communication service or remote
computing service is permitted to disclose the content
under 18 U.S.C. § 2702(b) (relating to voluntary
disclosure of customer communications or records);
(ii) the catalog of electronic communications sent
or received by the original or a successor account
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holder; and
(iii) another digital asset in which the original or
a successor account holder has a right or interest.
§ 3906. Fiduciary authority.
(a) Authority.--A fiduciary that is an account holder or has
the right under section 3902 (relating to a ccess by personal
representative to digital assets of decedent ), 3903 (relating to
access by conservator to digital assets of protected person),
3904 (relating to access by agent to digital assets of
principal) or 3905 (relating to access by trustee to digital
assets) to access a digital asset of an account holder:
(1) subject to the terms-of-service agreement and
copyright or other applicable law, may take an action
concerning the asset to the extent of the account holder's
authority and the fiduciary's powers under this title;
(2) has, under applicable electronic privacy laws, the
lawful consent of the account holder for the custodian to
divulge the content of an electronic communication to the
fiduciary; and
(3) is, under applicable computer fraud and unauthorized
access laws, including 18 Pa.C.S. §§ 7611(a)(1) and (2)
(relating to unlawful use of computer and other computer
crimes) and 7615 (relating to computer trespass), an
authorized user.
(b) Terms-of-service agreement.--If a provision in a terms-
of-service agreement limits a fiduciary's access to the digital
assets of the account holder, the provision is void, unless the
account holder, after the effective date of this chapter takes
effect, agreed to the provision by an affirmative act separate
from the account holder's assent to other provisions of the
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terms-of-service agreement.
(c) Choice-of-law provision.--A choice-of-law provision in a
terms-of-service agreement is unenforceable against a fiduciary
acting under this chapter to the extent the provision designates
law that enforces a limitation on a fiduciary's access to
digital assets which limitation is void under subsection (b).
(d) Effect of terms-of-service agreement.--Except as
provided in subsection (b), a fiduciary's access under this
chapter to a digital asset does not violate a terms-of-service
agreement, notwithstanding a provision of the agreement that
limits third-party access or requires notice of change in the
account holder's status.
(e) Tangible personal property.--As to tangible personal
property capable of receiving, storing, processing or sending a
digital asset, a fiduciary with authority over the property of a
decedent, protected person, principal or settlor:
(1) may access the property and any digital asset stored
in the property; and
(2) is an authorized user for purposes of applicable
computer fraud and unauthorized access laws, including 18
Pa.C.S. § 7611(a)(1) and (2).
§ 3907. Compliance.
(a) Custodian.--If a fiduciary with a right under this
chapter to access a digital asset of an account holder complies
with subsection (b), the custodian shall comply with the
fiduciary's request in a record for:
(1) access to the asset;
(2) control of the asset; or
(3) a copy of the asset to the extent permitted by
copyright law.
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(b) Request.--If a request under subsection (a) is made by:
(1) a personal representative with a right of access
under section 3902 (relating to access by personal
representative to digital assets of decedent), the request
must be accompanied by a certified copy of the letter of
appointment of the representative or a small-estate affidavit
or court order;
(2) a conservator wi th the right of access under section
3903 (relating to access by conservator to digital assets of
protected person), the request must be accompanied by a
certified copy of the court order that gives the conservator
authority over the digital asset;
(3) an agent with the right of access under section 3904
(relating to access by agent to digital assets of principal),
the request must be accompanied by an original or a copy of
the power of attorney that authorizes the agent to exercise
authority over the digital asset and a certification of the
agent, under penalty of perjury, that the power of attorney
is in effect; and
(4) a trustee with the right of access under section
3905 (relating to access by trustee to digital assets), the
request must be accompanied by a certified copy of the trust
instrument or a certification of the trust under section
7790.3 (relating to certification of trust - UTC 1013) , that
authorizes the trustee to exercise authority over the digital
asset.
(c) Custodian.--A custodian shall comply with a request made
under subsection (a) not later than 15 days after receipt. If
the custodian fails to comply, the fiduciary may apply to the
court for an order directing compliance.
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(d) Trustee.--Instead of furnishing a copy of the trust
instrument under subsection (b)(4), the trustee may provide the
certification of trust. The certification:
(1) must contain the following information:
(i) that the trust exists and the date the trust
instrument was executed;
(ii) the identity of the settlor;
(iii) the identity and address of the trustee;
(iv) that there is nothing inconsistent in the trust
with respect to the trustee's powers over digital assets;
(v) whether the trust is revocable and the identity
of any person holding a power to revoke the trust; and
(vi) whether a cotrustee has authority to sign or
otherwise authenticate and whether all or fewer than all
cotrustees are required to exercise powers of the
trustee;
(2) must be signed or otherwise authenticated by a
trustee;
(3) must state that the trust has not been revoked,
modified or amended in a manner that would cause the
representations contained in the certification of trust to be
incorrect; and
(4) need not contain the dispositive terms of the trust.
(e) Trust documents.--A custodian that receives a
certification of trust under subsection (d) may require the
trustee to provide copies of excerpts from the original trust
instrument and later amendments that designate the trustee and
confer on the trustee the power to act in the pending
transaction.
(f) Reliance on certification.--The following apply:
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(1) A custodian that acts in reliance on a certification
under subsection (d) without knowledge that the
representations contained in the certification are incorrect
is not liable to a person for the action and may assume
without inquiry the existence of facts stated in the
certification.
(2) A person that in good faith enters into a
transaction in reliance on a certification of trust under
subsection (d) may enforce the transaction against the trust
property as if the representations contained in the
certification were correct.
(g) Demand of trust instrument.--A person that demands the
trust instrument in addition to a certification of trust under
subsection (d) or excerpts under subsection (e) is liable for
damages if the court determines that the person did not act in
good faith in demanding the trust instrument.
(h) Copy of trust instrument.--This section does not limit
the right of a person to obtain a copy of a trust instrument in
a judicial proceeding concerning the trust.
§ 3908. Custodian immunity.
A custodian and its officers, employees and agents are immune
from liability for an act done in good faith in compliance with
this chapter.
§ 3909. Uniformity of application and construction.
In applying and construing this chapter that is based on the
uniform act, consideration must be given to the need to promote
uniformity of the law with respect to its subject matter among
states that enact it.
§ 3910. Relation to Electronic Signatures in Global and
National Commerce Act.
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To the extent permitted by section 102 of the Electronic
Signatures in Global and National Commerce Act (Public Law 106-
229, 15 U.S.C. § 7001 et seq.) this chapter may modify, limit or
supersede provisions of that act, but does not:
(1) modify, limit or supersede section 101(c) of the
Electronic Signatures in Global and National Commerce Act; or
(2) authorize electronic delivery of a notice described
in section 103(b) of the Electronic Signatures in Global and
National Commerce Act.
§ 3911. Applicability.
(a) Applicability.--Subject to subsection (b), this chapter
applies to:
(1) a fiduciary or agent acting under a will or power of
attorney executed before, on or after the effective date of
this chapter;
(2) a personal representative acting for a decedent who
died before, on or after the effective date of this chapter;
(3) a conservatorship pro ceeding, whether pending in a
court or commenced before, on or after the effective date of
this chapter; and
(4) a trustee acting under a trust created before, on or
after the effective date of this chapter.
(b) Employers.--This chapter does not apply to a digital
asset of an employer used by an employee in the ordinary course
of the employer's business.
UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS
SEC.
3901. SHORT TITLE OF CHAPTER.
3902. DEFINITIONS.
3903. APPLICABILITY.
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3904. USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.
3905. TERMS-OF-SERVICE AGREEMENT.
3906. PROCEDURE FOR DISCLOSING DIGITAL ASSETS.
3907. DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF
DECEASED USER.
3908. DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.
3909. DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF
PRINCIPAL.
3910. DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL.
3911. DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE
IS ORIGINAL USER.
3912. DISCLOSURE OF CONTENTS OF ELECTRONIC COMMUNICATIONS HELD
IN TRUST WHEN TRUSTEE NOT ORIGINAL USER.
3913. DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN TRUST WHEN
TRUSTEE NOT ORIGINAL USER.
3914. DISCLOSURE OF DIGITAL ASSETS TO CONSERVATOR OF PROTECTED
PERSON.
3915. FIDUCIARY DUTY AND AUTHORITY.
3916. CUSTODIAN COMPLIANCE AND IMMUNITY.
3917. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
3918. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
COMMERCE ACT.
§ 3901. SHORT TITLE OF CHAPTER.
THIS CHAPTER MAY BE CITED AS THE REVISED UNIFORM FIDUCIARY
ACCESS TO DIGITAL ASSETS ACT (2015).
§ 3902. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ACCOUNT." AN ARRANGEMENT UNDER A TERMS-OF-SERVICE AGREEMENT
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IN WHICH A CUSTODIAN:
(1) CARRIES, MAINTAINS, PROCESSES, RECEIVES OR STORES A
DIGITAL ASSET OF THE USER; OR
(2) PROVIDES GOODS OR SERVICES TO THE USER.
"AGENT." AN ATTORNEY-IN-FACT GRANTED AUTHORITY UNDER A
DURABLE OR NONDURABLE POWER OF ATTORNEY.
"CARRIES." ENGAGES IN THE TRANSMISSION OF AN ELECTRONIC
COMMUNICATION.
"CATALOG OF ELECTRONIC COMMUNICATIONS." INFORMATION WHICH
IDENTIFIES:
(1) EACH PERSON THAT HAS HAD AN ELECTRONIC COMMUNICATION
WITH A USER;
(2) THE TIME AND DATE OF THE ELECTRONIC COMMUNICATION;
AND
(3) THE ELECTRONIC ADDRESS OF THE PERSON UNDER PARAGRAPH
(1).
"CONSERVATOR." A PERSON APPOINTED BY A COURT TO MANAGE THE
ESTATE OF A LIVING INDIVIDUAL. THE TERM INCLUDES A LIMITED
CONSERVATOR.
"CONTENT OF AN ELECTRONIC COMMUNICATION." INFORMATION
CONCERNING THE SUBSTANCE OR MEANING OF THE ELECTRONIC
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 MAINTAINED BY A CUSTODIAN PROVIDING A REMOTE COMPUTING
SERVICE TO THE PUBLIC; AND
(3) IS NOT READILY ACCESSIBLE TO THE PUBLIC.
"COURT." THE COURT OF COMMON PLEAS EXERCISING THE
JURISDICTION REFERRED TO IN THIS TITLE THROUGH ITS ORPHANS'
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COURT DIVISION.
"CUSTODIAN." A PERSON THAT CARRIES, MAINTAINS, PROCESSES,
RECEIVES OR STORES A DIGITAL ASSET OF A USER.
"DESIGNATED RECIPIENT." A PERSON CHOSEN BY A USER USING AN
ONLINE TOOL TO ADMINISTER DIGITAL ASSETS OF THE USER.
"DIGITAL ASSET." 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.
"ELECTRONIC." RELATING TO TECHNOLOGY HAVING ELECTRICAL,
DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC OR SIMILAR
CAPABILITIES.
"ELECTRONIC COMMUNICATION." AS DEFINED IN 18 U.S.C. §
2510(12) (RELATING TO DEFINITIONS).
"ELECTRONIC COMMUNICATIONS SYSTEM." AS DEFINED IN 18 U.S.C.
§ 2510(14).
"ELECTRONIC COMMUNICATION SERVICE." A CUSTODIAN THAT
PROVIDES TO A USER THE ABILITY TO SEND OR RECEIVE AN ELECTRONIC
COMMUNICATION.
"FIDUCIARY." ANY ORIGINAL, ADDITIONAL OR SUCCESSOR PERSONAL
REPRESENTATIVE, CONSERVATOR, AGENT OR TRUSTEE.
"INFORMATION." DATA, TEXT, IMAGES, VIDEOS, SOUNDS, CODES,
COMPUTER PROGRAMS, SOFTWARE, DATABASES OR THE LIKE.
"ONLINE TOOL." AN ELECTRONIC SERVICE PROVIDED BY A CUSTODIAN
WHICH 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.
"PERSON." ANY INDIVIDUAL; ESTATE; BUSINESS OR NONPROFIT
ENTITY; PUBLIC CORPORATION; GOVERNMENT OR GOVERNMENTAL
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SUBDIVISION, AGENCY OR INSTRUMENTALITY; OR OTHER LEGAL ENTITY.
"PERSONAL REPRESENTATIVE." ANY OF THE FOLLOWING:
(1) AN EXECUTOR, AN ADMINISTRATOR OR A SPECIAL
ADMINISTRATOR.
(2) A PERSON THAT PERFORMS SUBSTANTIALLY THE SAME
FUNCTION AS A PERSON SPECIFIED IN PARAGRAPH (1) UNDER THE
LAWS OF THIS COMMONWEALTH OTHER THAN THIS CHAPTER.
"POWER OF ATTORNEY." A RECORD WHICH GRANTS AN AGENT
AUTHORITY TO ACT IN THE PLACE OF A PRINCIPAL.
"PRINCIPAL." AN INDIVIDUAL WHO GRANTS AUTHORITY TO AN AGENT
IN A POWER OF ATTORNEY.
"PROTECTED PERSON." 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.
"RECORD." INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS
RETRIEVABLE IN PERCEIVABLE FORM.
"REMOTE COMPUTING SERVICE." A CUSTODIAN THAT PROVIDES TO A
USER COMPUTER-PROCESSING SERVICES OR THE STORAGE OF DIGITAL
ASSETS BY MEANS OF AN ELECTRONIC COMMUNICATIONS SYSTEM.
"TERMS-OF-SERVICE AGREEMENT." AN AGREEMENT WHICH CONTROLS
THE RELATIONSHIP BETWEEN A USER AND A CUSTODIAN.
"TRUSTEE." A FIDUCIARY WITH LEGAL TITLE TO PROPERTY UNDER AN
AGREEMENT OR DECLARATION WHICH CREATES A BENEFICIAL INTEREST IN
ANOTHER. THE TERM INCLUDES A SUCCESSOR TRUSTEE.
"USER." A PERSON THAT HAS AN ACCOUNT WITH A CUSTODIAN.
"WILL." INCLUDES:
(1) A CODICIL;
(2) A TESTAMENTARY INSTRUMENT WHICH ONLY APPOINTS AN
EXECUTOR; AND
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(3) AN INSTRUMENT WHICH REVOKES OR REVISES A
TESTAMENTARY INSTRUMENT.
§ 3903. APPLICABILITY.
(A) TIME.--THIS CHAPTER APPLIES TO:
(1) A FIDUCIARY ACTING UNDER A WILL OR POWER OF ATTORNEY
EXECUTED BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION;
(2) A PERSONAL REPRESENTATIVE ACTING FOR A DECEDENT WHO
DIED BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION;
(3) A CONSERVATORSHIP PROCEEDING COMMENCED BEFORE, ON OR
AFTER THE EFFECTIVE DATE OF THIS SECTION; AND
(4) A TRUSTEE ACTING UNDER A TRUST CREATED BEFORE, ON OR
AFTER THE EFFECTIVE DATE OF THIS SECTION.
(B) RESIDENCE OF USER.--THIS CHAPTER APPLIES TO A CUSTODIAN
IF THE USER RESIDES IN THIS COMMONWEALTH OR RESIDED IN THIS
COMMONWEALTH AT THE TIME OF THE USER'S DEATH.
(C) EMPLOYERS.--THIS CHAPTER DOES NOT APPLY TO A DIGITAL
ASSET OF AN EMPLOYER USED BY AN EMPLOYEE IN THE ORDINARY COURSE
OF THE EMPLOYER'S BUSINESS.
§ 3904. USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.
(A) USE OF ONLINE TOOL.--
(1) A USER MAY USE AN ONLINE TOOL TO DIRECT THE
CUSTODIAN TO DISCLOSE OR NOT TO DISCLOSE SOME OR ALL OF THE
USER'S DIGITAL ASSETS, INCLUDING THE CONTENT OF ELECTRONIC
COMMUNICATIONS.
(2) 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.
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(B) NONUSE OF ONLINE TOOL.--IF A USER HAS NOT USED AN ONLINE
TOOL TO GIVE DIRECTION UNDER SUBSECTION (A) OR IF THE CUSTODIAN
HAS NOT PROVIDED AN ONLINE TOOL, THE USER MAY, IN A WILL, TRUST,
POWER OF ATTORNEY OR OTHER RECORD, ALLOW OR PERMIT 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) USER'S DIRECTION.--A USER'S DIRECTION UNDER SUBSECTION
(A) OR (B) OVERRIDES A CONTRARY PROVISION IN A TERMS-OF-SERVICE
AGREEMENT WHICH DOES NOT REQUIRE THE USER TO ACT AFFIRMATIVELY
AND DISTINCTLY FROM THE USER'S ASSENT TO THE TERMS OF SERVICE.
§ 3905. TERMS-OF-SERVICE AGREEMENT.
(A) ALTERATION OF RIGHTS UNDER THIS CHAPTER.--THIS CHAPTER
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) ADDITIONAL RIGHTS UNDER THIS CHAPTER.--THIS CHAPTER DOES
NOT GIVE A FIDUCIARY ANY NEW OR EXPANDED RIGHTS OTHER THAN THOSE
HELD BY THE USER FOR WHOM, OR FOR WHOSE ESTATE, THE FIDUCIARY
ACTS OR REPRESENTS.
(C) ABSENCE OF DIRECTION.--A FIDUCIARY'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 3904 (RELATING TO USER DIRECTION FOR
DISCLOSURE OF DIGITAL ASSETS).
§ 3906. PROCEDURE FOR DISCLOSING DIGITAL ASSETS.
(A) AUTHORITY OF CUSTODIAN.--WHEN DISCLOSING DIGITAL ASSETS
OF A USER UNDER THIS CHAPTER, THE CUSTODIAN HAS THE SOLE
DISCRETION TO:
(1) GRANT A FIDUCIARY OR DESIGNATED RECIPIENT FULL
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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 WHICH, 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) CHARGE.--A CUSTODIAN MAY ASSESS A REASONABLE
ADMINISTRATIVE CHARGE FOR THE COST OF DISCLOSING DIGITAL ASSETS
UNDER THIS CHAPTER.
(C) DELETED DIGITAL ASSETS.--A CUSTODIAN NEED NOT DISCLOSE
UNDER THIS CHAPTER A DIGITAL ASSET DELETED BY A USER.
(D) SEGREGATION.--IF A USER DIRECTS OR A FIDUCIARY REQUESTS
A CUSTODIAN TO DISCLOSE UNDER THIS CHAPTER SOME, BUT NOT ALL, OF
THE USER'S DIGITAL ASSETS, THE CUSTODIAN NEED NOT DISCLOSE THE
DIGITAL ASSETS IF SEGREGATION OF THE DIGITAL ASSETS WOULD IMPOSE
AN UNDUE BURDEN ON THE CUSTODIAN. IF THE CUSTODIAN BELIEVES THE
DIRECTION OR REQUEST IMPOSES AN UNDUE BURDEN, THE CUSTODIAN OR
FIDUCIARY MAY SEEK AN ORDER FROM THE COURT TO DO ANY OF THE
FOLLOWING:
(1) DISCLOSE A SUBSET LIMITED BY DATE OF THE USER'S
DIGITAL ASSETS.
(2) DISCLOSE ALL OF THE USER'S DIGITAL ASSETS TO THE
FIDUCIARY OR DESIGNATED RECIPIENT.
(3) DISCLOSE NONE OF THE USER'S DIGITAL ASSETS.
(4) DISCLOSE ALL OF THE USER'S DIGITAL ASSETS TO THE
COURT FOR REVIEW IN CAMERA.
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§ 3907. DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF
DECEASED USER.
IF A DECEASED USER CONSENTED OR A COURT DIRECTS DISCLOSURE OF
THE CONTENT OF ELECTRONIC COMMUNICATIONS OF THE USER, THE
CUSTODIAN SHALL DISCLOSE TO THE PERSONAL REPRESENTATIVE OF THE
ESTATE OF THE USER THE CONTENT OF AN ELECTRONIC COMMUNICATION
SENT OR RECEIVED BY THE USER IF THE PERSONAL REPRESENTATIVE
GIVES THE CUSTODIAN:
(1) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR
ELECTRONIC FORM;
(2) A CERTIFIED COPY OF THE DEATH CERTIFICATE OF THE
USER;
(3) A CERTIFIED COPY OF THE LETTERS;
(4) UNLESS THE USER PROVIDED DIRECTION USING AN ONLINE
TOOL, A COPY OF THE USER'S WILL, TRUST, POWER OF ATTORNEY OR
OTHER RECORD EVIDENCING THE USER'S CONSENT TO DISCLOSURE OF
THE CONTENT OF ELECTRONIC COMMUNICATIONS; AND
(5) IF REQUESTED BY THE CUSTODIAN:
(I) ANY NUMBER, USERNAME, ADDRESS OR OTHER UNIQUE
SUBSCRIBER OR ACCOUNT IDENTIFIER, ASSIGNED BY THE
CUSTODIAN TO IDENTIFY THE USER'S ACCOUNT;
(II) EVIDENCE LINKING THE ACCOUNT TO THE USER; OR
(III) A FINDING BY THE COURT THAT:
(A) THE USER HAD A SPECIFIC ACCOUNT WITH THE
CUSTODIAN, IDENTIFIABLE BY THE INFORMATION SPECIFIED
IN SUBPARAGRAPH (I);
(B) DISCLOSURE OF THE CONTENT OF ELECTRONIC
COMMUNICATIONS OF THE USER WOULD NOT VIOLATE 18
U.S.C. § 2701 (RELATING TO UNLAWFUL ACCESS TO STORED
COMMUNICATIONS) ET SEQ., SECTION 222 OF THE
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COMMUNICATIONS ACT OF 1934 (47 U.S.C. § 222) 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.
§ 3908. 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
PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED USER A
CATALOG OF ELECTRONIC COMMUNICATIONS SENT OR RECEIVED BY THE
USER AND DIGITAL ASSETS, OTHER THAN THE CONTENT OF ELECTRONIC
COMMUNICATIONS, OF THE USER, IF THE PERSONAL REPRESENTATIVE
GIVES THE CUSTODIAN:
(1) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR
ELECTRONIC FORM;
(2) A CERTIFIED COPY OF THE DEATH CERTIFICATE OF THE
USER;
(3) A CERTIFIED COPY OF THE LETTERS; AND
(4) IF REQUESTED BY THE CUSTODIAN:
(I) ANY NUMBER, USERNAME, ADDRESS OR OTHER UNIQUE
SUBSCRIBER OR ACCOUNT IDENTIFIER, ASSIGNED BY THE
CUSTODIAN TO IDENTIFY THE USER'S ACCOUNT;
(II) EVIDENCE LINKING THE ACCOUNT TO THE USER;
(III) AN AFFIDAVIT STATING THAT DISCLOSURE OF THE
USER'S DIGITAL ASSETS IS REASONABLY NECESSARY FOR
ADMINISTRATION OF THE ESTATE; OR
(IV) A FINDING BY THE COURT THAT:
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(A) THE USER HAD A SPECIFIC ACCOUNT WITH THE
CUSTODIAN, IDENTIFIABLE BY THE INFORMATION SPECIFIED
IN SUBPARAGRAPH (I); OR
(B) DISCLOSURE OF THE USER'S DIGITAL ASSETS IS
REASONABLY NECESSARY FOR ADMINISTRATION OF THE
ESTATE.
§ 3909. DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF
PRINCIPAL.
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 OF AN ELECTRONIC COMMUNICATION IF THE AGENT GIVES
THE CUSTODIAN:
(1) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR
ELECTRONIC FORM;
(2) AN ORIGINAL OR A COPY OF THE POWER OF ATTORNEY
EXPRESSLY GRANTING THE AGENT AUTHORITY OVER THE CONTENT OF
ELECTRONIC COMMUNICATIONS OF THE PRINCIPAL;
(3) A CERTIFICATION BY THE AGENT, UNDER PENALTY OF
PERJURY, THAT THE POWER OF ATTORNEY IS IN EFFECT; AND
(4) IF REQUESTED BY THE CUSTODIAN:
(I) ANY NUMBER, USERNAME, ADDRESS OR OTHER UNIQUE
SUBSCRIBER OR ACCOUNT IDENTIFIER, ASSIGNED BY THE
CUSTODIAN TO IDENTIFY THE PRINCIPAL'S ACCOUNT; OR
(II) EVIDENCE LINKING THE ACCOUNT TO THE PRINCIPAL.
§ 3910. 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
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OR GENERAL AUTHORITY TO ACT ON BEHALF OF A PRINCIPAL A CATALOG
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:
(1) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR
ELECTRONIC FORM;
(2) AN ORIGINAL OR 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;
(3) A CERTIFICATION BY THE AGENT, UNDER PENALTY OF
PERJURY, THAT THE POWER OF ATTORNEY IS IN EFFECT; AND
(4) IF REQUESTED BY THE CUSTODIAN:
(A) ANY NUMBER, USERNAME, ADDRESS OR OTHER
UNIQUE SUBSCRIBER OR ACCOUNT IDENTIFIER, ASSIGNED BY
THE CUSTODIAN TO IDENTIFY THE PRINCIPAL'S ACCOUNT; OR
(B) EVIDENCE LINKING THE ACCOUNT TO THE
PRINCIPAL.
§ 3911. DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE
IS ORIGINAL USER.
UNLESS OTHERWISE ORDERED BY THE COURT OR PROVIDED IN A TRUST,
A CUSTODIAN SHALL DISCLOSE TO A TRUSTEE THAT IS AN ORIGINAL USER
OF AN ACCOUNT ANY DIGITAL ASSET OF THE ACCOUNT HELD IN TRUST,
INCLUDING A CATALOG OF ELECTRONIC COMMUNICATIONS OF THE TRUSTEE
AND THE CONTENT OF ELECTRONIC COMMUNICATIONS.
§ 3912. 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
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ELECTRONIC COMMUNICATION 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:
(1) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR
ELECTRONIC FORM;
(2) A CERTIFIED COPY OF THE TRUST INSTRUMENT OR A
CERTIFICATION OF THE TRUST UNDER SECTION 7790.3 (RELATING TO
CERTIFICATION OF TRUST - UTC 1013), WHICH INCLUDES CONSENT TO
DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS TO THE
TRUSTEE;
(3) 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
(4) IF REQUESTED BY THE CUSTODIAN:
(I) ANY NUMBER, USERNAME, ADDRESS OR OTHER UNIQUE
SUBSCRIBER OR ACCOUNT IDENTIFIER, ASSIGNED BY THE
CUSTODIAN TO IDENTIFY THE TRUST'S ACCOUNT; OR
(II) EVIDENCE LINKING THE ACCOUNT TO THE TRUST.
§ 3913. 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 CATALOG OF
ELECTRONIC COMMUNICATIONS 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:
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(1) A WRITTEN REQUEST FOR DISCLOSURE IN PHYSICAL OR
ELECTRONIC FORM;
(2) A CERTIFIED COPY OF THE TRUST INSTRUMENT OR A
CERTIFICATION OF THE TRUST UNDER SECTION 7790.3 (RELATING TO
CERTIFICATION OF TRUST - UTC 1013);
(3) 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
(4) IF REQUESTED BY THE CUSTODIAN:
(I) ANY NUMBER, USERNAME, ADDRESS OR OTHER UNIQUE
SUBSCRIBER OR ACCOUNT IDENTIFIER, ASSIGNED BY THE
CUSTODIAN TO IDENTIFY THE TRUST'S ACCOUNT; OR
(II) EVIDENCE LINKING THE ACCOUNT TO THE TRUST.
§ 3914. DISCLOSURE OF DIGITAL ASSETS TO CONSERVATOR OF
PROTECTED PERSON.
(A) ACCESS.--AFTER AN OPPORTUNITY FOR A HEARING, THE COURT
MAY GRANT A CONSERVATOR ACCESS TO THE DIGITAL ASSETS OF A
PROTECTED PERSON.
(B) DISCLOSURE.--UNLESS OTHERWISE ORDERED BY THE COURT OR
DIRECTED BY THE USER, A CUSTODIAN SHALL DISCLOSE TO A
CONSERVATOR THE CATALOG OF ELECTRONIC COMMUNICATIONS SENT OR
RECEIVED BY THE PROTECTED PERSON AND ANY DIGITAL ASSETS, OTHER
THAN THE CONTENT OF ELECTRONIC COMMUNICATIONS, IN WHICH THE
PROTECTED PERSON HAS A RIGHT OR INTEREST IF THE CONSERVATOR
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
CONSERVATOR AUTHORITY OVER THE DIGITAL ASSETS OF THE
PROTECTED PERSON; AND
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(3) IF REQUESTED BY THE CUSTODIAN:
(I) ANY NUMBER, USERNAME, ADDRESS OR OTHER UNIQUE
SUBSCRIBER OR ACCOUNT IDENTIFIER, ASSIGNED BY THE
CUSTODIAN TO IDENTIFY THE ACCOUNT OF THE PROTECTED
PERSON; OR
(II) EVIDENCE LINKING THE ACCOUNT TO THE PROTECTED
PERSON.
(C) ACCOUNT ACTIVITY.--A CONSERVATOR WITH GENERAL AUTHORITY
TO MANAGE THE ASSETS OF A PROTECTED PERSON MAY REQUEST A
CUSTODIAN OF THE DIGITAL ASSETS OF THE PROTECTED PERSON TO
SUSPEND OR TERMINATE AN ACCOUNT OF THE PROTECTED PERSON FOR GOOD
CAUSE. A REQUEST MADE UNDER THIS SUBSECTION MUST BE ACCOMPANIED
BY A CERTIFIED COPY OF THE COURT ORDER GIVING THE CONSERVATOR
AUTHORITY OVER THE PROTECTED PERSON'S PROPERTY.
§ 3915. FIDUCIARY DUTY AND AUTHORITY.
(A) DUTIES.--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) AUTHORITY.--A FIDUCIARY'S AUTHORITY WITH RESPECT TO A
DIGITAL ASSET OF A USER:
(1) EXCEPT AS OTHERWISE PROVIDED IN SECTION 3904
(RELATING TO USER DIRECTION FOR DISCLOSURE OF DIGITAL
ASSETS), IS SUBJECT TO THE APPLICABLE TERMS OF SERVICE;
(2) IS SUBJECT TO OTHER APPLICABLE LAW, INCLUDING
COPYRIGHT LAW;
(3) IS LIMITED BY THE SCOPE OF THE FIDUCIARY'S DUTIES;
AND
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(4) MAY NOT BE USED TO IMPERSONATE THE USER.
(C) ACCESS.--A FIDUCIARY WITH AUTHORITY OVER THE PROPERTY OF
A DECEDENT, PROTECTED PERSON, PRINCIPAL OR SETTLOR HAS THE RIGHT
TO ACCESS ANY DIGITAL ASSET:
(1) IN WHICH THE DECEDENT, PROTECTED PERSON, PRINCIPAL
OR SETTLOR HAD A RIGHT OR INTEREST; AND
(2) WHICH IS NOT HELD BY A CUSTODIAN OR SUBJECT TO A
TERMS-OF-SERVICE AGREEMENT.
(D) AUTHORIZED USER.--A FIDUCIARY ACTING WITHIN THE SCOPE OF
THE FIDUCIARY'S DUTIES IS AN AUTHORIZED USER OF THE PROPERTY OF
THE DECEDENT, PROTECTED PERSON, PRINCIPAL OR SETTLOR FOR THE
PURPOSE OF APPLICABLE COMPUTER FRAUD AND UNAUTHORIZED COMPUTER
ACCESS LAWS, INCLUDING 18 PA.C.S. CH. 76 (RELATING TO COMPUTER
OFFENSES).
(E) TANGIBLE, PERSONAL PROPERTY.--A FIDUCIARY WITH AUTHORITY
OVER THE TANGIBLE, PERSONAL PROPERTY OF A DECEDENT, PROTECTED
PERSON, 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 UNAUTHORIZED COMPUTER ACCESS LAWS, INCLUDING 18
PA.C.S. CH. 76.
(F) DISCLOSURE BY CUSTODIAN.--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) TERMINATION OF ACCOUNT.--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: