N.Y. EPT Law § 13-A-1 — New York Code / Act EPT / Article 13-A / Part 1 / Section 13-A-1
Definitions
Status: in_force

§ 13-A-1 Definitions\n  In this article the following terms shall have the following meanings:\n  (a) "Account" means an arrangement under a terms-of-service agreement\nin which a custodian carries, maintains, processes, receives, or stores\na digital asset of the user or provides goods or services to the user.\n  (b) "Agent" means a person granted authority to act as\nattorney-in-fact for the principal under a power of attorney and\nincludes the original agent or any co-agent or successor agent.\n  (c) "Carries" means engages in the transmission of an electronic\ncommunication.\n  (d) "Catalogue of electronic communications" means information that\nidentifies each person with which a user has had an electronic\ncommunication, the time and date of the communication, and the\nelectronic address of the person.\n  (e) "Content of an electronic communication" means information\nconcerning the substance or meaning of the communication which:\n  (1) has been sent or received by a user;\n  (2) is in electronic storage by a custodian providing an\nelectronic-communication service to the public or is carried or\nmaintained by a custodian providing a remote-computing service to the\npublic; and\n  (3) is not readily accessible to the public.\n  (f) "Court" means the court in this state having jurisdiction in\nmatters relating to the content of this article.\n  (g) "Custodian" means a person that carries, maintains, processes,\nreceives, or stores a digital asset of a user.\n  (h) "Designated recipient" means a person chosen by a user using an\nonline tool to administer digital assets of the user.\n  (i) "Digital asset" means an electronic record in which an individual\nhas a right or interest. The term does not include an underlying asset\nor liability unless the asset or liability is itself an electronic\nrecord.\n  (j) "Electronic" means relating to technology having electrical,\ndigital, magnetic, wireless, optical, electromagnetic, or similar\ncapabilities.\n  (k) "Electronic communication" has the meaning set forth in 18 U.S.C.\nsection 2510(12), as amended.\n  (l) "Electronic-communication service" means a custodian that provides\nto a user the ability to send or receive an electronic communication.\n  (m) "Fiduciary" includes an executor, preliminary executor,\nadministrator, temporary administrator, voluntary administrator,\npersonal representative, guardian, agent, or trustee. This term includes\nthe successor to any fiduciary.\n  (n) "Guardian" means a person who has been appointed as a guardian by\na court of this state pursuant to the surrogate's court procedure act or\nthe mental hygiene law.\n  (o) "Information" means data, metadata, Internet protocol address,\nuser login information, text, images, videos, sounds, codes, computer\nprograms, software, databases, or similar intelligence of any nature.\n  (p) "Online tool" means an electronic service provided by a custodian\nthat allows the user, in an agreement distinct from the terms-of-service\nagreement between the custodian and user, to provide directions for\ndisclosure or nondisclosure of digital assets to a third person.\n  (q) "Person" means a natural person, corporation, business trust,\nestate, trust, partnership, limited liability company, association,\njoint venture, business or nonprofit entity, public corporation,\ngovernment or governmental subdivision, agency, or instrumentality, or\nother legal or commercial entity, board and the state.\n  (r) "Power of attorney" means a record that grants an agent authority\nto act in the place of a principal.\n  (s) "Principal" means an individual who grants authority to an agent\nin a power of attorney.\n  (t) "Protective order" means an order appointing a guardian or another\norder related to management of a ward's property.\n  (u) "Record" means information that is inscribed on a tangible medium\nor that is stored in an electronic or other medium and is retrievable in\nperceivable form.\n  (v) "Remote-computing service" means a custodian that provides to a\nuser computer-processing services or the storage of digital assets by\nmeans of an electronic communications system, as defined in 18 U.S.C.\nsection 2510(14), as amended.\n  (w) "Terms-of-service agreement" means an agreement that controls the\nrelationship between a user and a custodian.\n  (x) "Trustee" includes an original additional. and successor trustee,\nand a co-trustee.\n  (y) "User" means a person that has an account with a custodian.\n  (z) "Ward" means an individual for whom a guardian has been appointed\nby a court of this state pursuant to the surrogate's court procedure act\nor the mental hygiene law. The term includes an individual for whom an\napplication of guardianship is pending.\n