\nThe following definitions apply in this Chapter:\n(1) Account. – 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.\n(2) Agent. – An attorney-in-fact granted authority under a durable or nondurable power of attorney.\n(3) Carries. – Engages in the transmission of an electronic communication.\n(4) Catalogue of electronic communications. – 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.\n(5) Reserved.\n(6) Content of an electronic communication. – Information concerning the substance or meaning of the communication which meets all of the following:\na. Has been sent or received by a user.\nb. 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.\nc. Is not readily accessible to the public.\n(7) Court. electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public.\nc. Is not readily accessible to the public.\n(7) Court. – The clerk of superior court or superior court judge, as provided in G.S. 1-7, or other court having competent jurisdiction over the estate, trust, fiduciary, or user, as applicable, or other matters relating to the content of this Chapter.\n(8) Custodian. – A person that carries, maintains, processes, receives, or stores a digital asset of a user.\n(9) Designated recipient. – A person chosen by a user using an online tool to administer digital assets of the user.\n(10) Digital asset. – 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.\n(11) Electronic. – Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n(12) Electronic communication. – Has the meaning set forth in 18 U.S.C. § 2510(12).\n(13) Electronic-communication service. al, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n(12) Electronic communication. – Has the meaning set forth in 18 U.S.C. § 2510(12).\n(13) Electronic-communication service. – A custodian that provides to a user the ability to send or receive an electronic communication.\n(14) Fiduciary. – An original, additional, or successor personal representative, guardian, agent, or trustee.\n(14a) Guardian. – A person appointed by a court to manage the estate of a living individual. The term includes a general guardian, a guardian of the estate, an interim guardian, and a standby guardian appointed under Chapter 35A of the General Statutes.\n(15) Information. – Data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.\n(16) Online tool. – 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.\n(17) Person. – An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, sclosure or nondisclosure of digital assets to a third person.\n(17) Person. – An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, business trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity.\n(18) Personal representative. – An executor, administrator, special administrator, or person that performs substantially the same function under a law of this State other than this Chapter.\n(19) Power of attorney. – A record that grants an agent authority to act in the place of a principal.\n(20) Principal. – An individual who grants authority to an agent in a power of attorney.\n(21) Reserved.\n(22) Record. – Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\n(23) Remote-computing service. – 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. § 2510(14).\n(24) Terms-of-service agreement. 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. § 2510(14).\n(24) Terms-of-service agreement. – An agreement that controls the relationship between a user and a custodian.\n(25) Trustee. – A fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes an original, additional, and successor trustee, whether or not confirmed by a court.\n(26) User. – A person that has an account with a custodian.\n(26a) Ward. – An individual for whom a guardian has been appointed. The term includes an individual for whom an application for the appointment of a guardian is pending.\n(27) Will. – Includes a codicil, a testamentary instrument that only appoints an executor, and an instrument that revokes or revises a testamentary instrument. (2016-53, s. 1; 2017-102, s. 12.1(a).)
North Carolina Legal Code