638.2 Definitions. As used in this chapter, unless the context otherwise requires:1. '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 orprovides goods or services to the user. 2. 'Agent' means an attorney in fact granted authority under a durable or nondurable power of attorney under chapter 633B. 3. 'Carries' means engages in the transmission of an electronic communication.4. 'Catalogue of electronic communications' means information that identifies each person with which a user has had an electronic communication, the time and date of thecommunication, and the electronic address of the person. 5. 'Conservator' means the same as defined in section 633.3. 'Conservator' includes a person appointed to have the custody and control of the property of a ward in a limitedconservatorship unless otherwise provided by order of the court. 6. 'Content of an electronic communication' means information concerning the substance or meaning of the communication to which all of the following apply: a. The communication has been sent or received by a user.b. n electronic communication' means information concerning the substance or meaning of the communication to which all of the following apply: a. The communication has been sent or received by a user.b. The communication is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodianproviding a remote-computing service to the public. c. The communication is not readily accessible to the public.7. 'Court' means a district court in this state.8. 'Custodian' means a person that carries, maintains, processes, receives, or stores a digital asset of a user. 9. 'Designated recipient' means a person chosen by a user using an online tool to administer digital assets of the user. 10. '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 isitself an electronic record. 'Digital asset' does not include health information or individuallyidentifiable health information as those terms are defined in the federal Health InsurancePortability and Accountability Act of 1996, Pub. L. No. 104-191. ot include health information or individuallyidentifiable health information as those terms are defined in the federal Health InsurancePortability and Accountability Act of 1996, Pub. L. No. 104-191. 11. 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 12. 'Electronic communication' has the meaning set forth in 18 U.S.C. §2510(12).13. 'Electronic-communication service' means a custodian that provides to a user the ability to send or receive an electronic communication. 14. 'Fiduciary' means a personal representative, conservator, guardian, agent, or trustee.15. 'Guardian' means the same as defined in section 633.3. 'Guardian' includes a person appointed to have the custody and care of the person of the ward in a limited guardianshipunless otherwise provided by order of the court. 16. 'Information' means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. 17. '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 ike. 17. '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. 18. 'Person' means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. 19. 'Personal representative' means the same as defined in section 633.3.20. 'Power of attorney' means the same as defined in section 633B.102.21. 'Principal' means the same as defined in section 633B.102.22. '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. 23. 'Remote-computing service' means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electroniccommunications system, as defined in 18 U.S.C. §2510(14). Sat Dec 23 12:19:29 2023 Iowa Code 2024, Section 638.2 (8, 0) §638.2, FIDUCIARY ACCESS TO DIGITAL ASSETS 2 24. ssets by means of an electroniccommunications system, as defined in 18 U.S.C. §2510(14). Sat Dec 23 12:19:29 2023 Iowa Code 2024, Section 638.2 (8, 0) §638.2, FIDUCIARY ACCESS TO DIGITAL ASSETS 2 24. 'Terms-of-service agreement' means an agreement that controls the relationship between a user and a custodian. 25. 'Trustee' means the same as defined in section 633.3 or 633A.1102.26. 'User' means a person that has an account with a custodian.27. 'Ward' means an individual for whom a conservator or guardian has been appointed. 'Ward' includes an individual for whom an application for the appointment of a conservatoror guardian is pending and for which a court order authorizing access under this chapter hasbeen granted. 28. 'Will' means the same as defined in section 633.3.2017 Acts, ch 79, §5 Sat Dec 23 12:19:29 2023 Iowa Code 2024, Section 638.2 (8, 0)
Iowa Legal Code