Regular Session 2015-2016 Senate Bill 0518 P.N. 1371

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

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.

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

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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.

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.

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.

(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.

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;

(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.

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;

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:

20150SB0518PN1371 - 24 -

(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

20150SB0518PN1371 - 25 -

(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.

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

(3) IS LIMITED BY THE SCOPE OF THE FIDUCIARY'S DUTIES;

AND

20150SB0518PN1371 - 26 -

(4) MAY NOT BE USED TO IMPERSONATE THE USER.

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:

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(1) IF THE USER IS DECEASED, A CERTIFIED COPY OF THE

DEATH CERTIFICATE OF THE USER;

(2) A CERTIFIED COPY OF THE LETTERS, COURT ORDER, POWER

OF ATTORNEY OR TRUST, GIVING THE FIDUCIARY AUTHORITY OVER THE

ACCOUNT; AND

(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 USER'S ACCOUNT;

(II) EVIDENCE LINKING THE ACCOUNT TO THE USER; OR

(III) A FINDING BY THE COURT THAT THE USER HAD A

SPECIFIC ACCOUNT WITH THE CUSTODIAN, IDENTIFIABLE BY THE

INFORMATION SPECIFIED IN SUBPARAGRAPH (I).

§ 3916. CUSTODIAN COMPLIANCE AND IMMUNITY.

(A) REQUIREMENT.--NOT LATER THAN 60 DAYS AFTER RECEIPT OF

THE INFORMATION REQUIRED UNDER SECTIONS 3907 (RELATING TO

DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED

USER) THROUGH 3914 (RELATING TO DISCLOSURE OF DIGITAL ASSETS TO

CONSERVATOR OF PROTECTED PERSON), A CUSTODIAN SHALL COMPLY WITH

A REQUEST UNDER THIS CHAPTER FROM A FIDUCIARY OR DESIGNATED

RECIPIENT TO DISCLOSE DIGITAL ASSETS OR TERMINATE AN ACCOUNT.

IF THE CUSTODIAN FAILS TO COMPLY, THE FIDUCIARY OR DESIGNATED

REPRESENTATIVE MAY APPLY TO THE COURT FOR AN ORDER DIRECTING

COMPLIANCE.

(B) COURT ORDER.--AN ORDER UNDER SUBSECTION (A) DIRECTING

COMPLIANCE MUST CONTAIN A FINDING THAT COMPLIANCE IS NOT IN

VIOLATION OF 18 U.S.C. § 2702 (RELATING TO VOLUNTARY DISCLOSURE

OF CUSTOMER COMMUNICATIONS OR RECORDS).

REQUEST FOR DISCLOSURE OR TO TERMINATE AN ACCOUNT WAS MADE UNDER

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THIS CHAPTER.

(D) LAWFUL ACCESS FOLLOWING TERMINATION REQUEST.--A

CUSTODIAN MAY DENY A REQUEST UNDER THIS CHAPTER FROM A FIDUCIARY

OR DESIGNATED REPRESENTATIVE 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) ADDITIONAL COURT ORDERS.--THIS CHAPTER DOES NOT LIMIT A

CUSTODIAN'S ABILITY TO OBTAIN OR REQUIRE A FIDUCIARY OR

DESIGNATED REPRESENTATIVE REQUESTING DISCLOSURE OR TERMINATION

UNDER THIS CHAPTER TO OBTAIN A COURT ORDER WHICH:

(1) SPECIFIES THAT AN ACCOUNT BELONGS TO THE PROTECTED

PERSON OR PRINCIPAL;

(2) SPECIFIES THAT THERE IS SUFFICIENT CONSENT FROM THE

PROTECTED PERSON OR PRINCIPAL TO SUPPORT THE REQUESTED

DISCLOSURE; AND

(3) CONTAINS A FINDING REQUIRED BY LAW OTHER THAN THIS

CHAPTER.

(F) IMMUNITY.--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 CHAPTER.

§ 3917. UNIFORMITY OF APPLICATION AND CONSTRUCTION.

IN APPLYING AND CONSTRUING THIS 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.

§ 3918. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND

NATIONAL COMMERCE ACT.

T O THE EXTENT PERMITTED BY SECTION 102 OF THE ELECTRONIC

SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (PUBLIC LAW 106-

229, 15 U.S.C. § 7002 ), THIS CHAPTER MAY SUPERSEDE PROVISIONS OF

20150SB0518PN1371 - 29 -

THAT ACT.

Section 2. This act shall take effect in 60 days.

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