DEFINITIONS.

521A.02 DEFINITIONS. § Subdivision 1.Applicability. The definitions in this section apply to this chapter. § Subd. 2.Account. "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. § Subd. 3.Agent. "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney. § Subd. 4.Carries. "Carries" means engages in the transmission of an electronic communication. § Subd. 5.Catalog of electronic communications. "Catalog of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. § Subd. 6.Conservator. "Conservator" means a person appointed by a court to manage the estate of a living individual. The term includes a limited conservator, or unlimited under section 524.5-401. § Subd. 7.Content of an electronic communication. "Content of an electronic communication" means information concerning the substance or meaning of the communication that: (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. § Subd. 8.Court. "Court" has the meaning given in section 524.1-201, clause (9). § Subd. 9.Custodian. "Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user. § Subd. 10.Designated recipient. "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user. § Subd. 11.Digital asset. "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. § Subd. 12.Electronic. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. § Subd. 13.Electronic communication. "Electronic communication" has the meaning given in United States Code, title 18, section 2510(12), as amended. § Subd. 14.Electronic communication service. "Electronic communication service" means a custodian that provides to a user the ability to send or receive an electronic communication. § Subd. 15.Fiduciary. "Fiduciary" means an original, additional, or successor personal representative, conservator, agent, or trustee. § Subd. 16.Information. "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or similar material. § Subd. 17.Online tool. "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. § Subd. 18.Person. "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. § Subd. 19.Personal representative. "Personal representative" has the meaning given in section 524.1-201. § Subd. 20.Power of attorney. "Power of attorney" means a record that grants an agent authority to act in the place of a principal, under chapter 523. § Subd. 21.Principal. "Principal" means an individual who grants authority to an agent in a power of attorney. § Subd. 22.Protected person. "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. § Subd. 23.Record. "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. § Subd. 24.Remote computing service. "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 United States Code, title 18, section 2510(14), as amended. § Subd. 25.Terms-of-service agreement. "Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian. § Subd. 26.Trustee. "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. § Subd. 27.User. "User" means a person that has an account with a custodian. § Subd. 28.Will. "Will" includes a codicil, testamentary instrument that only appoints an executor, and an instrument that revokes or revises a testamentary instrument. History: 2016 c 135 art 2 s 3