395A.020 Definitions for chapter. As used in this chapter: (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 or provides goods or services to the user; (2) 'Agent' means an attorney -in-fact granted a uthority under a durable or nondurable power of attorney; (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 a n electronic communication, the time and date of the communication, and the electronic address of the person; (5) 'Conservator' means a person appointed by a court to manage the estate of a living individual. The term includes a limited conservator; (6) 'Content of an electronic communication' means information concerning the substance or meaning of the communication which: (a) Has been sent or received by a user; (b) Is in electronic storage by a custodian providing an electronic communication service to t he public or is carried or maintained by a custodian providing a remote computing service to the public; (b) Is in electronic storage by a custodian providing an electronic communication service to t he 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) 'Court' means District Court; (8) 'Custodian' means a person that carries, maintains, processes, r eceives, 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. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record; (11) 'Electronic' means relating to technolo gy having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (12) 'Electronic communication' has the meaning set forth in 18 U.S.C. sec. 2510(12), as amended; (13) 'Electronic communication service' means a custodia n that provides to a user the ability to send or receive an electronic communication; (14) 'Fiduciary' means an original, additional, or successor personal nic communication service' means a custodia n that provides to a user the ability to send or receive an electronic communication; (14) 'Fiduciary' means an original, additional, or successor personal representative, conservator, agent, or trustee; (15) 'Information' means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like; (16) '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, t o provide directions for disclosure or nondisclosure of digital assets to a third person; (17) 'Person' means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity; (18) 'Personal representative' means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter; (19) 'Power of attorney' means a record that grants an agent authority to act in the place of a principal; (20) 'Principal' means an individual who grants authority to an ate other than this chapter; (19) 'Power of attorney' means a record that grants an agent authority to act in the place of a principal; (20) 'Principal' means an individual who grants authority to an agent in a power of attorney; (21) 'Protected person' means an individual for whom a conservator has been appointed. The term incl udes an individual for whom an application for the appointment of a conservator is pending; (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 electronic communications system, as defined in 18 U.S.C. sec. 2510(14), as amended; (24) 'Terms of service agreement' means an agreement that controls the relationship between a user and a custodian; (25) 'Trustee' means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee; (26) 'User' means a person that has an account with a custodian; and (27) perty under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee; (26) 'User' means a person that has an account with a custodian; and (27) 'Will' includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument. Effective: July 15, 2020 History: Created 2020 Ky. Acts ch. 63, sec. 1, effective July 15, 2020.
Kentucky Legal Code