An Act To Enact the Revised Uniform Fiduciary Access to Digital Assets Act
Maine Legislature, Session 128, LD 0846
Committee: Judiciary
Sponsors: CARDONE, HILL
Amends: 18-A MRSA §5

Legislative Document
No. 846
H.P. 595
House of Representatives, March 7, 2017
An Act To Enact the Revised Uniform Fiduciary Access to Digital 
Assets Act
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
Cosponsored by Senator HILL of York.
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  18-A MRSA Art. 10 is enacted to read: 
ARTICLE 10 
MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL 
ASSETS ACT 
§10-101.  Short title 
This Article may be known and cited as "the Maine Revised Uniform Fiduciary 
Access to Digital Assets Act." 
§10-102.  Definitions 
As used in this Act, unless the context otherwise indicates, the following terms have 
the following meanings. 
1.  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 a user 
or provides goods or services to a user. 
2.  Agent.  "Agent" means an attorney in fact granted authority under a durable or 
nondurable power of attorney. 
3.  Carries.  "Carries" means engages in the transmission of an electronic 
communication. 
4.  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. 
5.  Conservator.  "Conservator" means a person appointed by a court to manage the 
estate of a living individual.  "Conservator" includes a limited conservator. 
6.  Content of an electronic communication.  "Content of an electronic 
communication" means information concerning the substance or meaning of an electronic 
communication that: 
A.  Has been sent or received by a user; 
B.  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 
C.  Is not readily accessible to the public. 
7.  Custodian.  "Custodian" means a person that carries, maintains, processes, 
receives or stores a digital asset of a user. 
8.  Designated recipient.  "Designated recipient" means a person chosen by a user 
using an online tool to administer digital assets of the user. 
9.  Digital asset.  "Digital asset" means an electronic record in which an individual 
has a right or interest.  "Digital asset" does not include an underlying asset or liability 
unless the asset or liability is itself an electronic record. 
10.  Electronic.  "Electronic" means relating to technology having electrical, digital, 
magnetic, wireless, optical, electromagnetic or similar capabilities. 
11.  Electronic communication.  "Electronic communication" has the same meaning 
as in 18 United States Code, Section 2510(12). 
12.  Electronic communication service.  "Electronic communication service" means 
a service that provides to a user the ability to send or receive an electronic 
communication. 
13.  Fiduciary.  "Fiduciary" means an original, additional or successor personal 
representative, conservator, agent or trustee. 
14.  Information.  "Information" means data, text, images, videos, sounds, codes, 
computer programs, software and databases or the like. 
15.  Online tool.  "Online tool" means an electronic service provided by a custodian 
that allows a 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 3rd person. 
16.  Person.  "Person" means an individual, estate, business or nonprofit entity, 
public corporation, government or governmental subdivision, agency or instrumentality 
or other legal entity. 
17.  Personal representative.  "Personal representative" means an executor, 
administrator, special administrator or person that performs substantially the same 
function under the laws of this State other than this Act. 
18.  Power of attorney.  "Power of attorney" means a record that grants an agent 
authority to act in the place of a principal. 
19.  Principal.  "Principal" means an individual who grants authority to an agent in a 
power of attorney. 
20.  Protected person.  "Protected person" means an individual for whom a 
conservator has been appointed.  "Protected person" includes an individual for whom an 
application for the appointment of a conservator is pending. 
21.  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. 
22.  Remote computing service.  "Remote computing service" means a service that 
provides to a user computer processing services or the storage of digital assets by means 
of an electronic communications system as defined in 18 United States Code, Section 
2510(14). 
23.  Terms of service agreement.  "Terms of service agreement" means an 
agreement, as defined in Title 11, section 1-1201, subsection (3), that controls the 
relationship between a user and a custodian. 
24.  Trustee.  "Trustee" means a fiduciary with legal title to property pursuant to an 
agreement or declaration that creates a beneficial interest in another person.  "Trustee" 
includes a successor trustee. 
25.  User.  "User" means a person that has an account with a custodian. 
26.  Will.  "Will" includes a codicil, a testamentary instrument that only appoints an 
executor and an instrument that revokes or revises a testamentary instrument. 
§10-103.  Applicability 
1.  Applicable date.  This Act applies to: 
A.  A fiduciary or agent acting under a will or power of attorney executed before, on 
or after January 1, 2018; 
B.  A personal representative acting for a decedent who died before, on or after 
January 1, 2018; 
C.  A conservatorship proceeding commenced before, on or after January 1, 2018; 
and 
D.  A trustee acting under a trust created before, on or after January 1, 2018. 
2.  User resident of this State.  This Act applies to a custodian if the user resides in 
this State or resided in this State at the time of the user's death. 
3.  Digital asset of employer.  This Act does not apply to a digital asset of an 
employer used by an employee in the ordinary course of the employer's business. 
§10-104.  User direction for disclosure of digital assets 
1.  Use of online tool.  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 disclosure using an online 
tool overrides a contrary direction by the user in a will, trust, power of attorney or other 
record. 
2.  No online tool used.  If a user has not used an online tool to give direction under 
subsection 1 or if the custodian has not provided an online tool, the user may allow or 
prohibit in a will, trust, power of attorney or other record disclosure to a fiduciary of 
some or all of the user's digital assets, including the content of electronic 
communications. 
3.  User direction overrides.  A user's direction under subsection 1 or 2 overrides a 
contrary provision in a terms of service agreement that does not require the user to act 
affirmatively and distinctly from the user's assent to the terms of service. 
§10-105.  Terms of service agreement 
1.  Rights of custodian or user not changed or impaired.  This Act 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.   
2.  No new or expanded rights to fiduciary or designated recipient.  This Act does 
not give a fiduciary or designated recipient any new or expanded rights other than those 
held by the user for whom, or for whose estate, the fiduciary or designated recipient acts 
or represents. 
3.  Fiduciary's or designated recipient's access may be modified or eliminated.  A 
fiduciary's or designated recipient's access to digital assets may be modified or eliminated 
by a user, by federal law or by a terms of service agreement if the user has not provided 
direction under section 10-104. 
§10-106.  Procedure for disclosing digital assets 
1.  Disclosure at discretion of custodian.  When disclosing digital assets of a user 
under this Act, the custodian may at its sole discretion: 
A.  Grant a fiduciary or designated recipient full access to the user's account; 
B.  Grant a fiduciary or designated recipient partial access to the user's account 
sufficient to perform the tasks with which the fiduciary or designated recipient is 
charged; or 
C.  Provide a fiduciary or designated recipient a copy in a record of any digital asset 
that, on the date the custodian received the request for disclosure, the user could have 
accessed if the user were alive and had full capacity and access to the account. 
2.  Administrative charge.  A custodian may assess a reasonable administrative 
charge for the cost of disclosing digital assets under this Act. 
3.  Deleted digital assets.  A custodian need not disclose under this Act a digital 
asset deleted by a user. 
4.  Undue burden on custodian; court order to disclose.  If a user directs or a 
fiduciary requests a custodian to disclose under this Act some, but not all, of the user's 
digital assets, the custodian need not disclose the assets if segregation of the assets would 
impose an undue burden on the custodian.  If the custodian believes the direction or 
request imposes an undue burden, the custodian or fiduciary may seek an order from the 
court to disclose: 
A.  A subset limited by date of the user's digital assets; 
B.  All of the user's digital assets to the fiduciary or designated recipient; 
C.  None of the user's digital assets; or 
D.  All of the user's digital assets to the court for review in camera. 
§10-107.  Disclosure of content of electronic communications of deceased user 
If a deceased user consented to or a court directs disclosure of the content 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 if the 
representative gives the custodian: 
1.  Written request.  A written request for disclosure in physical or electronic form; 
2.  Death certificate.  A copy of the death certificate of the user; 
3.  Letters of appointment or court order.  A copy of the letters of appointment of 
the personal representative or court order; 
4.  Record of consent to disclosure.  Unless the user provided direction using an 
online tool, a copy of the user's will, trust, power of attorney or other record evidencing 
the user's consent to disclosure of the content of electronic communications; and 
5.  Information requested by custodian.  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: 
(1)  The user had a specific account with the custodian, identifiable by the 
information specified in paragraph A; 
(2)  Disclosure of the content of electronic communications of the user would not 
violate 18 United States Code, Section 2701 et seq., 47 United States Code, 
Section 222 or other applicable law; 
(3)  Unless the user provided direction using an online tool, the user consented to 
disclosure of the content of electronic communications; or 
(4)  Disclosure of the content of electronic communications of the user is 
reasonably necessary for administration of the estate. 
§10-108.  Disclosure of other digital assets of deceased user 
Unless the user prohibited disclosure of digital assets or the 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 representative gives the 
custodian: 
1.  Written request.  A written request for disclosure in physical or electronic form; 
2.  Death certificate.  A copy of the death certificate of the user; 
3.  Letters of appointment or court order.  A copy of the letters of appointment of 
the personal representative or court order; and 
4.  Information requested by custodian.  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; 
C.  An affidavit stating that disclosure of the user's digital assets is reasonably 
necessary for administration of the estate; or 
D.  A finding by the court that: 
(1)  The user had a specific account with the custodian, identifiable by the 
information specified in paragraph A; or 
(2)  Disclosure of the user's digital assets is reasonably necessary for 
administration of the estate. 
§10-109.  Disclosure of content of electronic communications of principal 
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 court, a custodian shall disclose to the agent the content 
of electronic communications if the agent gives the custodian: 
1.  Written request.  A written request for disclosure in physical or electronic form; 
2.  Power of attorney.  An original or copy of the power of attorney expressly 
granting the agent authority over the content of electronic communications of the 
principal; 
3.  Agent's certificate.  A certification by the agent, under penalty of perjury, that the 
power of attorney is in effect; and 
4.  Information requested by custodian.  If requested by the custodian: 
A.  A number, username, address or other unique subscriber or account identifier 
assigned by the custodian to identify the principal's account; or 
B.  Evidence linking the account to the principal. 
§10-110.  Disclosure of other digital assets of principal 
Unless otherwise ordered by the 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, other than the content 
of electronic communications, of the principal if the agent gives the custodian: 
1.  Written request.  A written request for disclosure in physical or electronic form; 
2.  Power of attorney.  An original or a copy of the power of attorney that gives the 
agent specific authority over digital assets or general authority to act on behalf of the 
principal; 
3.  Agent's certificate.  A certification by the agent, under penalty of perjury, that the 
power of attorney is in effect; and 
4.  Information requested by custodian.  If requested by the custodian: 
A.  A number, username, address or other unique subscriber or account identifier 
assigned by the custodian to identify the principal's account; or 
B.  Evidence linking the account to the principal. 
§10-111.  Disclosure of digital assets held in trust when trustee is original user 
Unless otherwise ordered by the 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 those electronic communications. 
§10-112.  Disclosure of content of electronic communications held in trust when 
trustee is not original user 
Unless otherwise ordered by the 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 the custodian in the account of the 
trust if the trustee gives the custodian: 
1.  Written request.  A written request for disclosure in physical or electronic form; 
2.  Trust instrument or certification of trust.  A certified copy of the trust 
instrument or a certification of the trust under Title 18-B, section 1013 that includes 
consent to disclosure of the content of electronic communications to the trustee; 
3.  Trustee's certification.  A certification by the trustee, under penalty of perjury, 
that the trust exists and the trustee is a currently acting trustee of the trust; and 
4.  Information requested by custodian.  If requested by the custodian: 
A.  A number, username, address or other unique subscriber or account identifier 
assigned by the custodian to identify the trust's account; or 
B.  Evidence linking the account to the trust. 
§10-113.  Disclosure of other digital assets held in trust when trustee is not original 
user 
Unless otherwise ordered by the 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 an account of the trust and any digital assets, 
other than the content of electronic communications, in which the trust has a right or 
interest if the trustee gives the custodian: 
1.  Written request.  A written request for disclosure in physical or electronic form; 
2.  Trust instrument or certification of trust.  A certified copy of the trust 
instrument or a certification of the trust under Title 18-B, section 1013; 
3.  Trustee's certification.  A certification by the trustee, under penalty of perjury, 
that the trust exists and the trustee is a currently acting trustee of the trust; and 
4.  Information requested by custodian.  If requested by the custodian: 
A.  A number, username, address or other unique subscriber or account identifier 
assigned by the custodian to identify the trust's account; or 
B.  Evidence linking the account to the trust. 
§10-114.  Disclosure of digital assets to conservator of protected person 
1.  Court order granting access.  After an opportunity for a hearing under Article 5, 
Part 4, the court may grant a conservator access to the digital assets of a protected person. 
2.  Disclosure by custodian.  Unless otherwise ordered by the court or directed by 
the user, a custodian shall disclose to a conservator the catalog of electronic 
communications sent or received by a protected person and any digital assets, other than 
the content of electronic communications, in which the protected person has a right or 
interest if the conservator gives the custodian: 
A.  A written request for disclosure in physical or electronic form; 
B.  A certified copy of the court order that gives the conservator authority over the 
digital assets of the protected person; and 
C.  If requested by the custodian: 
(1)  A number, username, address or other unique subscriber or account identifier 
assigned by the custodian to identify the account of the protected person; or 
(2)  Evidence linking the account to the protected person. 
3.  Request to suspend or terminate account.  A conservator with general authority 
to manage the assets of a protected person may request a custodian of the digital assets of 
the protected person to suspend or terminate an account of the protected person for good 
cause.  A request made under this subsection must be accompanied by a copy of the court 
order giving the conservator authority over the protected person's property. 
§10-115.  Fiduciary duty and authority 
1.  Fiduciary's legal duties.  The legal duties imposed on a fiduciary charged with 
managing tangible property apply to the management of digital assets, including: 
A.  The duty of care; 
B.  The duty of loyalty; and 
C.  The duty of confidentiality. 
2.  Limitations on fiduciary's or designated recipient's authority.  A fiduciary's or 
designated recipient's authority with respect to a digital asset of a user: 
A.  Except as otherwise provided in section 10-104, is subject to the applicable terms 
of service agreement; 
B.  Is subject to other applicable law, including copyright law; 
C.  In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and 
D.  May not be used to impersonate the user. 
3.  Right to access.  A fiduciary with authority over the property of a decedent, 
protected person, principal or settlor has the right to access any digital asset in which the 
decedent, protected person, principal or settlor had a right or interest and that is not held 
by a custodian or subject to a terms of service agreement. 
4.  Authorized user.  A fiduciary acting within the scope of the fiduciary's duties is 
an authorized user of the property of the decedent, protected person, principal or settlor 
for the purpose of applicable computer fraud and unauthorized computer access laws, 
including Title 17-A, chapter 18. 
5.  Fiduciary's authority to access; authorized user.  A fiduciary with authority 
over the tangible, personal property of a decedent, protected person, principal or settlor: 
A.  Has the right to access the property and any digital asset stored in it; and 
B.  Is an authorized user for the purpose of computer fraud and unauthorized 
computer access laws, including Title 17-A, chapter 18. 
6.  Disclosure of information to terminate account.  A custodian may disclose 
information in an account to a fiduciary of a user when the information is required to 
terminate an account used to access digital assets licensed to the user. 
7.  Request for termination.  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: 
A.  If the user is deceased, a copy of the death certificate of the user; 
B.  A copy of the letters of appointment of the personal representative or court order, 
power of attorney or trust giving the fiduciary authority over the account; and 
C.  If requested by the custodian: 
(1)  A number, username, address or other unique subscriber or account identifier 
assigned by the custodian to identify the user's account; 
(2)  Evidence linking the account to the user; or 
(3)  A finding by the court that the user had a specific account with the custodian, 
identifiable by the information specified in subparagraph (1). 
§10-116.  Custodian compliance and immunity 
1.  Disclose or terminate upon request; court order.  Not later than 60 days after 
receipt of the information required under sections 10-107 to 10-115, a custodian shall 
comply with a request under this Act 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 the court for an order directing compliance. 
2.  Finding that compliance not in violation.  An order under subsection 1 directing 
compliance must contain a finding that compliance is not in violation of 18 United States 
Code, Section 2702. 
3.  Notification to user.  A custodian may notify the user that a request for disclosure 
or to terminate an account was made under this Act. 
4.  Denial of request if subsequent lawful access.  A custodian may deny a request 
under this Act from a fiduciary or designated recipient for disclosure of digital assets or 
to terminate an account if the custodian is aware of any lawful access to the account 
following the receipt of the fiduciary's request. 
5.  Court order.  This Act does not limit a custodian's ability to obtain or require a 
fiduciary or designated recipient requesting disclosure or termination under this Act to 
obtain a court order that: 
A.  Specifies that an account belongs to the protected person or principal; 
B.  Specifies that there is sufficient consent from the protected person or principal to 
support the requested disclosure; and 
C.  Contains a finding required by law other than this Act. 
6.  Immunity.  A custodian and its officers, employees and agents are immune from 
liability for an act or omission done in good faith in compliance with this Act. 
§10-117.  Uniformity of application and construction 
In applying and construing this Act, consideration must be given to the need to 
promote uniformity of the law with respect to its subject matter among states that enact it. 
§10-118.  Relation to Electronic Signatures in Global and National Commerce Act 
This Act modifies, limits or supersedes the federal Electronic Signatures in Global 
and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not 
modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 
7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) 
of that Act, 15 United States Code, Section 7003(b). 
PART B 
Sec. B-1.  18-A MRSA §5-931, sub-§(a), ¶¶(7) and (8), as enacted by PL 
2009, c. 292, §2 and affected by §6, are amended to read: 
(7).  Exercise fiduciary powers that the principal has authority to delegate; or 
(8).  Disclaim property, including a power of appointment.; or 
Sec. B-2.  18-A MRSA §5-931, sub-§(a), ¶(9) is enacted to read: 
(9).  Exercise authority over the content of an electronic communication of the 
principal in accordance with the Maine Revised Uniform Fiduciary Access to Digital 
Assets Act. 
PART C 
Sec. C-1.  Effective date.  This Act takes effect January 1, 2018. 
SUMMARY 
This bill enacts the Revised Uniform Fiduciary Access to Digital Assets Act as the 
Maine Revised Uniform Fiduciary Access to Digital Assets Act, Article 10 in the Maine 
Revised Statutes, Title 18-A. 
The National Conference of Commissioners on Uniform State Laws approved the 
Revised Uniform Fiduciary Access to Digital Assets Act in July 2015. 
The Prefatory Note and accompanying comments to the Maine Revised Uniform 
Fiduciary Access to Digital Assets Act provide a summary and explanation of the 
Revised Uniform Fiduciary Access to Digital Assets Act.  The Revised Uniform 
Fiduciary Access to Digital Assets Act provides an important update for the Internet age.  
A generation ago, files were stored in cabinets, photos were stored in albums and mail 
was delivered by a human being.  Today, people are more likely to use the Internet to 
communicate and store information.  The Revised Uniform Fiduciary Access to Digital 
Assets Act ensures users retain control of their digital property and can plan for its 
ultimate disposition after their death but also takes into account the digital privacy that 
users and those with whom they communicate have a right to expect under federal law 
and the unique authentication issues inherent in a paperless record-keeping system.  
Unless the user instructs otherwise, legally appointed fiduciaries will have the same 
access to digital assets as they have always had to tangible assets and the same duty to 
comply with the user's instructions. 
This bill modifies the Revised Uniform Fiduciary Access to Digital Assets Act to be 
consistent with existing Maine law with regard to conservators. 
Part B amends the Maine Uniform Power of Attorney Act to specifically allow a 
power of attorney to grant authority to enable the agent to access the content of an 
electronic communication to be consistent with the grant of express authority required by 
Section 9 of the Revised Uniform Fiduciary Access to Digital Assets Act, included in this 
bill as the Maine Revised Statutes, Title 18-A, section 10-109. 
Part C provides that the provisions of this bill take effect January 1, 2018.