(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.
(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 as otherwise provided in § 35-8-104, is subject to the applicable terms of service;(2) Is subject to other applicable law, including copyright law;(3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and(4) May not be used to impersonate the user.
(1) Except as otherwise provided in § 35-8-104, is subject to the applicable terms of service;
(2) Is subject to other applicable law, including copyright law;
(3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) May not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, minor, person with a disability, principal, or settlor has the right to access any digital asset in which the decedent, minor, person with a disability, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, minor, person with a disability, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including the Tennessee Personal and Commercial Computer Act of 2003, compiled in title 39, chapter 14, part 6.
(e) A fiduciary with authority over the tangible personal property of a decedent, minor, person with a disability, 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 applicable computer-fraud and unauthorized-computer-access laws, including title 39, chapter 14, part 6.
(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 applicable computer-fraud and unauthorized-computer-access laws, including title 39, chapter 14, part 6.
(f) 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) 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:(1) If the user is deceased, a certified copy of the death certificate of the user;(2) A certified copy of the letters of administration or letters testamentary appointing the personal representative; a certified copy of the small-estate affidavit under title 30, chapter 4; a certified copy of a court order; an original or a copy of a power of attorney; or a certified copy of the trust instrument or a certification of the trust under § 35-15-1013, giving the fiduciary authority over the account; and(3) If requested by the custodian:(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;(B) Evidence linking the account to the user; or(C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (g)(3)(A).
(1) If the user is deceased, a certified copy of the death certificate of the user;
(2) A certified copy of the letters of administration or letters testamentary appointing the personal representative; a certified copy of the small-estate affidavit under title 30, chapter 4; a certified copy of a court order; an original or a copy of a power of attorney; or a certified copy of the trust instrument or a certification of the trust under § 35-15-1013, giving the fiduciary authority over the account; and
(3) If requested by the custodian:(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;(B) Evidence linking the account to the user; or(C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (g)(3)(A).
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) Evidence linking the account to the user; or
(C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (g)(3)(A).