2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 1 - Defintions › 13-A-1 - Defintions.

§ 13-A-1 Definitions
In this article the following terms shall have the following meanings:
(a)  "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.
(b)   "Agent"   means   a   person   granted   authority   to  act  as
attorney-in-fact for  the  principal  under  a  power  of  attorney  and
includes the original agent or any co-agent or successor agent.
(c)  "Carries"  means  engages  in  the  transmission of an electronic
communication.
(d) "Catalogue 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.
(e)   "Content  of  an  electronic  communication"  means  information
concerning the substance or meaning of the communication which:
(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.
(f)  "Court"  means  the  court  in  this state having jurisdiction in
matters relating to the content of this article.
(g) "Custodian" means a person  that  carries,  maintains,  processes,
receives, or stores a digital asset of a user.
(h)  "Designated  recipient"  means a person chosen by a user using an
online tool to administer digital assets of the user.
(i) "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.
(j)  "Electronic"  means  relating  to  technology  having electrical,
digital,  magnetic,  wireless,  optical,  electromagnetic,  or   similar
capabilities.
(k)  "Electronic communication" has the meaning set forth in 18 U.S.C.
section 2510(12), as amended.
(l) "Electronic-communication service" means a custodian that provides
to a user the ability to send or receive an electronic communication.
(m)  "Fiduciary"   includes   an   executor,   preliminary   executor,
administrator,   temporary   administrator,   voluntary   administrator,
personal representative, guardian, agent, or trustee. This term includes
the successor to any fiduciary.
(n) "Guardian" means a person who has been appointed as a guardian  by
a court of this state pursuant to the surrogate's court procedure act or
the mental hygiene law.
(o)  "Information"  means  data,  metadata, Internet protocol address,
user login information, text, images, videos,  sounds,  codes,  computer
programs, software, databases, or similar intelligence of any nature.
(p)  "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.
(q)  "Person"  means  a  natural  person, corporation, business trust,
estate, trust,  partnership,  limited  liability  company,  association,
joint   venture,  business  or  nonprofit  entity,  public  corporation,
government or governmental subdivision, agency, or  instrumentality,  or
other legal or commercial entity, board and the state.
(r)  "Power of attorney" means a record that grants an agent authority
to act in the place of a principal.
(s)  "Principal"  means an individual who grants authority to an agent
in a power of attorney.
(t) "Protective order" means an order appointing a guardian or another
order related to management of a ward's property.
(u) "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.
(v)  "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 18 U.S.C.
section 2510(14), as amended.
(w) "Terms-of-service agreement" means an agreement that controls  the
relationship between a user and a custodian.
(x)  "Trustee" includes an original additional. and successor trustee,
and a co-trustee.
(y) "User" means a person that has an account with a custodian.
(z) "Ward" means an individual for whom a guardian has been  appointed
by a court of this state pursuant to the surrogate's court procedure act
or  the  mental hygiene law. The term includes an individual for whom an
application of guardianship is pending.