2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-102. Definitions

§10-102. Definitions
As used in this Act, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2019, c. 417, Pt. A, §107 (NEW).]
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.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2.  Agent.
"Agent" means an attorney in fact granted authority under a durable or nondurable power of attorney.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3.  Carries.
"Carries" means engages in the transmission of an electronic communication.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
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.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
5.  Conservator.
"Conservator" means a person appointed by a court to manage the estate of a living individual. "Conservator" includes a limited conservator and a guardian exercising the powers of a conservator when a conservator has not been appointed.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
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;   [PL 2019, c. 417, Pt. A, §107 (NEW).]
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   [PL 2019, c. 417, Pt. A, §107 (NEW).]
C. Is not readily accessible to the public.   [PL 2019, c. 417, Pt. A, §107 (NEW).]
[PL 2019, c. 417, Pt. A, §107 (NEW).]
7.  Custodian.
"Custodian" means a person that carries, maintains, processes, receives or stores a digital asset of a user.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
8.  Designated recipient.
"Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
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.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
10.  Electronic.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
11.  Electronic communication
"Electronic communication" has the same meaning as in 18 United States Code, Section 2510(12).
[PL 2019, c. 417, Pt. A, §107 (NEW).]
12.  Electronic communication service.
"Electronic communication service" means a service that provides to a user the ability to send or receive an electronic communication.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
13.  Fiduciary.
"Fiduciary" means an original, additional or successor personal representative, conservator, agent or trustee.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
14.  Information.
"Information" means data, text, images, videos, sounds, codes, computer programs, software and databases or the like.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
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.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
16.  Person.
"Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
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 and a person claiming to be a successor of the decedent user who presents an affidavit under section 3‑1201.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
18.  Power of attorney.
"Power of attorney" means a record that grants an agent authority to act in the place of a principal.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
19.  Principal.
"Principal" means an individual who grants authority to an agent in a power of attorney.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
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 and an individual for whom a guardian has been appointed, when no conservator has been appointed.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
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.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
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).
[PL 2019, c. 417, Pt. A, §107 (NEW).]
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.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
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.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
25.  User.
"User" means a person that has an account with a custodian.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
26.  Will.
"Will" includes a codicil, a testamentary instrument that only appoints an executor and an instrument that revokes or revises a testamentary instrument.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).