(a) A user may use an online tool to direct the custodian to disclose to a designated recipient, or not to disclose, some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding […]
(a) 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) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or […]
(a) When disclosing digital assets of a user under this chapter, the custodian may, in its sole discretion, (1) grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated […]
If a deceased user consented or a superior court directs disclosure of the contents 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 […]
Unless the user prohibited disclosure of digital assets or the superior 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 […]
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 superior court, a custodian shall disclose to the agent the content if the agent gives the custodian (1) a written request for […]
Unless otherwise ordered by the superior court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and digital assets, […]
Unless otherwise ordered by the superior 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.
Unless otherwise ordered by the superior court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by […]
Unless otherwise ordered by the superior 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 […]
(a) After an opportunity for a hearing under AS 13.26.401 – 13.26.595, the superior court may grant a conservator access to the digital assets of a protected person except that, if the conservator is a guardian with the powers and duties of a conservator under AS 13.26.316(c), the superior court may grant the conservator access […]
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user (1) except […]
(a) Not later than 60 days after receipt of the information required under AS 13.63.040 – 13.63.120, 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 recipient may apply to […]
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
This chapter modifies, limits, or supersedes 15 U.S.C. 7001 – 7031 (Electronic Signatures in Global and National Commerce Act), but does not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
In this chapter, a digital asset does not apply to an underlying asset or liability unless the asset or liability is itself an electronic record. 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.
This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
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 […]
This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act.
