Minn. Stat. § 521A.02 — MN Code / Part 520_523 / Chapter 521A / Section 521A.02
§ 521A.02 DEFINITIONS.
Status: in_force

§ 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.