S.F. _____ Section 1. NEW SECTION . 633.90 Power of a fiduciary to 1 access digital assets. 2 Except as modified by a court order or limited in the 3 instrument creating the fiduciary relationship, a fiduciary may 4 exercise all rights and powers granted to such fiduciary under 5 chapter 638. 6 Sec. 2. Section 633A.4402, Code 2016, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 33. Exercise all rights and powers granted 9 to a trustee under chapter 638. 10 Sec. 3. Section 633B.201, subsection 1, Code 2016, is 11 amended by adding the following new paragraph: 12 NEW PARAGRAPH . i. Exercise all rights and powers granted 13 to an agent under chapter 638. 14 Sec. 4. NEW SECTION . 638.1 Short title. 15 This chapter may be cited as the “Iowa Uniform Fiduciary 16 Access to Digital Assets Act” . 17 Sec. 5. NEW SECTION . 638.2 Definitions. 18 As used in this chapter, unless the context otherwise 19 requires: 20 1. “Account” means an arrangement under a terms-of-service 21 agreement in which a custodian carries, maintains, processes, 22 receives, or stores a digital asset of the user or provides 23 goods or services to the user. 24 2. “Agent” means an attorney-in-fact granted authority under 25 a durable or nondurable power of attorney under chapter 633B. 26 3. “Carries” means engages in the transmission of an 27 electronic communication. 28 4. “Catalogue of electronic communications” means 29 information that identifies each person with which a user has 30 had an electronic communication, the time and date of the 31 communication, and the electronic address of the person. 32 5. “Conservator” means the same as defined in section 33 633.3. “Conservator” includes a person appointed to have the 34 custody and control of the property of a ward in a limited 35 -1- LSB 5085XC (3) 86 jh/rj 1/ 18

S.F. _____ conservatorship unless otherwise provided by order of the 1 court. 2 6. “Content of an electronic communication” means information 3 concerning the substance or meaning of the communication to 4 which all of the following apply: 5 a. The communication has been sent or received by a user. 6 b. The communication is in electronic storage by a 7 custodian providing an electronic-communication service to the 8 public or is carried or maintained by a custodian providing a 9 remote-computing service to the public. 10 c. The communication is not readily accessible to the 11 public. 12 7. “Court” means a district court in this state. 13 8. “Custodian” means a person that carries, maintains, 14 processes, receives, or stores a digital asset of a user. 15 9. “Designated recipient” means a person chosen by a user 16 using an online tool to administer digital assets of the user. 17 10. “Digital asset” means an electronic record in which an 18 individual has a right or interest. “Digital asset” does not 19 include an underlying asset or liability unless the asset or 20 liability is itself an electronic record. “Digital asset” does 21 not include health information or individually identifiable 22 health information as those terms are defined in the federal 23 Health Insurance Portability and Accountability Act of 1996, 24 Pub. L. No. 104-191. 25 11. “Electronic” means relating to technology having 26 electrical, digital, magnetic, wireless, optical, 27 electromagnetic, or similar capabilities. 28 12. “Electronic communication” has the meaning set forth in 29 18 U.S.C. §2510(12). 30 13. “Electronic-communication service” means a custodian 31 that provides to a user the ability to send or receive an 32 electronic communication. 33 14. “Fiduciary” means a personal representative, 34 conservator, guardian, agent, or trustee. 35 -2- LSB 5085XC (3) 86 jh/rj 2/ 18

S.F. _____ 15. “Guardian” means the same as defined in section 633.3. 1 “Guardian” includes a person appointed to have the custody and 2 care of the person of the ward in a limited guardianship unless 3 otherwise provided by order of the court. 4 16. “Information” means data, text, images, videos, sounds, 5 codes, computer programs, software, databases, or the like. 6 17. “Online tool” means an electronic service provided by 7 a custodian that allows the user, in an agreement distinct 8 from the terms-of-service agreement between the custodian and 9 user, to provide directions for disclosure or nondisclosure of 10 digital assets to a third person. 11 18. “Person” means an individual, estate, business 12 or nonprofit entity, public corporation, government or 13 governmental subdivision, agency, instrumentality, or other 14 legal entity. 15 19. “Personal representative” means the same as defined in 16 section 633.3. 17 20. “Power of attorney” means the same as defined in section 18 633B.102. 19 21. “Principal” means the same as defined in section 20 633B.102. 21 22. “Record” means information that is inscribed on a 22 tangible medium or that is stored in an electronic or other 23 medium and is retrievable in perceivable form. 24 23. “Remote-computing service” means a custodian that 25 provides to a user computer-processing services or the storage 26 of digital assets by means of an electronic communications 27 system, as defined in 18 U.S.C. §2510(14). 28 24. “Terms-of-service agreement” means an agreement that 29 controls the relationship between a user and a custodian. 30 25. “Trustee” means the same as defined in section 633.3 or 31 633A.1102. 32 26. “User” means a person that has an account with a 33 custodian. 34 27. “Ward” means an individual for whom a conservator or 35 -3- LSB 5085XC (3) 86 jh/rj 3/ 18

S.F. _____ guardian has been appointed. “Ward” includes an individual 1 for whom an application for the appointment of a conservator 2 or guardian is pending and for which a court order authorizing 3 access under this chapter has been granted. 4 28. “Will” means the same as defined in section 633.3. 5 Sec. 6. NEW SECTION . 638.3 Applicability. 6 1. This chapter applies to all of the following: 7 a. A fiduciary acting under a will or power of attorney 8 executed before, on, or after the effective date of this Act. 9 b. A personal representative acting for a decedent who died 10 before, on, or after the effective date of this Act. 11 c. A conservator or guardian acting for a ward on or after 12 the effective date of this Act. 13 d. A trustee acting under a trust created before, on, or 14 after the effective date of this Act. 15 2. This chapter applies to a custodian if the user resides 16 in this state or resided in this state at the time of the user’s 17 death. 18 3. This chapter does not apply to a digital asset of an 19 employer used by an employee in the ordinary course of the 20 employer’s business. 21 Sec. 7. NEW SECTION . 638.4 User direction for disclosure 22 of digital assets. 23 1. A user may use an online tool to direct the custodian to 24 disclose or not to disclose some or all of the user’s digital 25 assets, including the content of electronic communications. If 26 the online tool allows the user to modify or delete a direction 27 at any time, a direction regarding disclosure using an online 28 tool overrides a contrary direction by the user in a will, 29 trust, power of attorney, or other record. 30 2. If a user has not used an online tool to give direction 31 under subsection 1, or if the custodian has not provided an 32 online tool, the user may allow or prohibit in a will, trust, 33 power of attorney, or other record, disclosure to a fiduciary 34 of some or all of the user’s digital assets, including the 35 -4- LSB 5085XC (3) 86 jh/rj 4/ 18

S.F. _____ content of electronic communications sent or received by the 1 user. 2 3. A user’s direction under subsection 1 or 2 overrides a 3 contrary provision in a terms-of-service agreement that does 4 not require the user to act affirmatively and distinctly from 5 the user’s assent to the terms of service. 6 Sec. 8. NEW SECTION . 638.5 Terms-of-service agreement. 7 1. This chapter does not change or impair a right of a 8 custodian or a user under a terms-of-service agreement to 9 access and use digital assets of the user. 10 2. This chapter does not give a fiduciary any new or 11 expanded rights other than those held by the user for whom, or 12 for whose estate, the fiduciary acts or represents. 13 3. A fiduciary’s access to digital assets may be modified or 14 eliminated by a user, by federal law, or by a terms-of-service 15 agreement if the user has not provided direction under section 16 638.4. 17 Sec. 9. NEW SECTION . 638.6 Procedure for disclosing digital 18 assets. 19 1. When disclosing digital assets of a user under this 20 chapter, the custodian may at its sole discretion do any of the 21 following: 22 a. Grant a fiduciary or designated recipient full access to 23 the user’s account. 24 b. Grant a fiduciary or designated recipient partial access 25 to the user’s account sufficient to perform the tasks with 26 which the fiduciary or designated recipient is charged. 27 c. Provide a fiduciary or designated recipient a copy in 28 a record of any digital asset that, on the date the custodian 29 received the request for disclosure, the user could have 30 accessed if the user were alive, was competent, and had access 31 to the account. 32 2. A custodian may assess a reasonable administrative 33 charge for the cost of disclosing digital assets under this 34 chapter. 35 -5- LSB 5085XC (3) 86 jh/rj 5/ 18

S.F. _____ 3. A custodian need not disclose under this chapter a 1 digital asset deleted by a user. 2 4. If a user directs or a fiduciary requests a custodian to 3 disclose some, but not all, of the user’s digital assets, the 4 custodian need not disclose the assets if segregation of the 5 assets would impose an undue burden on the custodian. If the 6 custodian believes the direction or request imposes an undue 7 burden, the custodian or fiduciary may seek an order from the 8 court to disclose any of the following: 9 a. A subset of the user’s digital assets limited by date. 10 b. All of the user’s digital assets to the fiduciary or 11 designated recipient. 12 c. None of the user’s digital assets. 13 d. All of the user’s digital assets to the court for review 14 in camera. 15 Sec. 10. NEW SECTION . 638.7 Disclosure of content of 16 electronic communications of deceased user. 17 If a deceased user consented or a court directs disclosure 18 of the contents of electronic communications of the user, the 19 custodian shall disclose to the personal representative of the 20 estate of the user the content of an electronic communication 21 sent or received by the user if the personal representative 22 gives the custodian all of the following: 23 1. A written request for disclosure in physical or 24 electronic form. 25 2. A certified copy of the death certificate of the user. 26 3. A certified copy of the letters of appointment of the 27 personal representative, an original affidavit made pursuant 28 to section 633.356, or a file-stamped copy of the court order 29 authorizing the personal representative to administer the 30 user’s estate. 31 4. Unless the user provided direction using an online tool, 32 a copy of the user’s will, trust, power of attorney, or other 33 record evidencing the user’s consent to disclosure of the 34 content of electronic communications. 35 -6- LSB 5085XC (3) 86 jh/rj 6/ 18

S.F. _____ 5. If requested by the custodian, any of the following: 1 a. A number, username, address, or other unique subscriber 2 or account identifier assigned by the custodian to identify the 3 user’s account. 4 b. Evidence linking the account to the user. 5 c. A finding by the court of any of the following: 6 (1) The user had a specific account with the custodian, 7 identifiable by the information specified in paragraph “a” . 8 (2) Disclosure of the content of electronic communications 9 of the user would not violate 18 U.S.C. §2701 et seq., 47 10 U.S.C. §222, or other applicable law. 11 (3) Unless the user provided direction using an online 12 tool, that the user consented to disclosure of the content of 13 electronic communications. 14 (4) Disclosure of the content of electronic communications 15 of the user is reasonably necessary for administration of the 16 estate. 17 Sec. 11. NEW SECTION . 638.8 Disclosure of other digital 18 assets of deceased user. 19 Unless the user prohibited disclosure of digital assets or 20 the court directs otherwise, a custodian shall disclose to the 21 personal representative of the estate of a deceased user a 22 catalogue of electronic communications sent or received by the 23 user and digital assets, other than the content of electronic 24 communications, of the user, if the representative gives the 25 custodian all of the following: 26 1. A written request for disclosure in physical or 27 electronic form. 28 2. A certified copy of the death certificate of the user. 29 3. A certified copy of the letters of appointment of the 30 personal representative, an original affidavit made pursuant 31 to section 633.356, or a file-stamped copy of the court order 32 authorizing the personal representative to administer the 33 user’s estate. 34 4. If requested by the custodian, any of the following: 35 -7- LSB 5085XC (3) 86 jh/rj 7/ 18

S.F. _____ a. A number, username, address, or other unique subscriber 1 or account identifier assigned by the custodian to identify the 2 user’s account. 3 b. Evidence linking the account to the user. 4 c. An affidavit stating that disclosure of the user’s 5 digital assets is reasonably necessary for administration of 6 the estate. 7 d. A finding by the court of any of the following: 8 (1) The user had a specific account with the custodian, 9 identifiable by the information specified in paragraph “a” . 10 (2) Disclosure of the user’s digital assets is reasonably 11 necessary for administration of the estate. 12 Sec. 12. NEW SECTION . 638.9 Disclosure of content of 13 electronic communications of principal. 14 To the extent a power of attorney expressly grants an agent 15 authority over the content of electronic communications sent 16 or received by the principal and unless directed otherwise by 17 the principal or the court, a custodian shall disclose to the 18 agent the content if the agent gives the custodian all of the 19 following: 20 1. A written request for disclosure in physical or 21 electronic form. 22 2. An original or copy of the power of attorney expressly 23 granting the agent authority over the content of electronic 24 communications of the principal. 25 3. A certification by the agent, under penalty of perjury, 26 that the power of attorney is in effect. The certification 27 form provided in section 633B.302 shall satisfy the requirement 28 of this subsection. 29 4. If requested by the custodian, any of the following: 30 a. A number, username, address, or other unique subscriber 31 or account identifier assigned by the custodian to identify the 32 principal’s account. 33 b. Evidence linking the account to the principal. 34 Sec. 13. NEW SECTION . 638.10 Disclosure of other digital 35 -8- LSB 5085XC (3) 86 jh/rj 8/ 18

S.F. _____ assets of principal. 1 Unless otherwise ordered by the court, directed by the 2 principal, or provided by a power of attorney, a custodian 3 shall disclose to an agent with specific authority over digital 4 assets or general authority to act on behalf of a principal 5 a catalogue of electronic communications sent or received by 6 the principal and digital assets, other than the content of 7 electronic communications, of the principal if the agent gives 8 the custodian all of the following: 9 1. A written request for disclosure in physical or 10 electronic form. 11 2. An original or a copy of the power of attorney that gives 12 the agent specific authority over digital assets or general 13 authority to act on behalf of the principal. 14 3. A certification by the agent, under penalty of perjury, 15 that the power of attorney is in effect. 16 4. If requested by the custodian, any of the following: 17 a. A number, username, address, or other unique subscriber 18 or account identifier assigned by the custodian to identify the 19 principal’s account. 20 b. Evidence linking the account to the principal. 21 Sec. 14. NEW SECTION . 638.11 Disclosure of digital assets 22 held in trust when trustee is original user. 23 Unless otherwise ordered by the court or provided in a trust, 24 a custodian shall disclose to a trustee that is an original 25 user of an account any digital asset of the account held in 26 trust, including a catalogue of electronic communications of 27 the trustee and the content of electronic communications. 28 Sec. 15. NEW SECTION . 638.12 Disclosure of contents of 29 electronic communications held in trust when trustee not original 30 user. 31 Unless otherwise ordered by the court, directed by the user, 32 or provided in a trust, a custodian shall disclose to a trustee 33 that is not an original user of an account the content of an 34 electronic communication sent or received by an original or 35 -9- LSB 5085XC (3) 86 jh/rj 9/ 18

S.F. _____ successor user and carried, maintained, processed, received, 1 or stored by the custodian in the account of the trust if the 2 trustee gives the custodian all of the following: 3 1. A written request for disclosure in physical or 4 electronic form. 5 2. A certified copy of the trust instrument or a 6 certification of trust under section 633A.4604 that 7 includes consent to disclosure of the content of electronic 8 communications to the trustee. 9 3. A certification by the trustee, under penalty of perjury, 10 that the trust exists and the trustee is a currently acting 11 trustee of the trust. 12 4. If requested by the custodian, any of the following: 13 a. A number, username, address, or other unique subscriber 14 or account identifier assigned by the custodian to identify the 15 trust’s account. 16 b. Evidence linking the account to the trust. 17 Sec. 16. NEW SECTION . 638.13 Disclosure of other digital 18 assets held in trust when trustee not original user. 19 Unless otherwise ordered by the court, directed by the 20 user, or provided in a trust, a custodian shall disclose, to a 21 trustee that is not an original user of an account, a catalogue 22 of electronic communications sent or received by an original 23 or successor user and stored, carried, or maintained by the 24 custodian in an account of the trust and any digital assets, 25 other than the content of electronic communications, in which 26 the trust has a right or interest if the trustee gives the 27 custodian all of the following: 28 1. A written request for disclosure in physical or 29 electronic form. 30 2. A certified copy of the trust instrument or a 31 certification of trust under section 633A.4604. 32 3. A certification by the trustee, under penalty of perjury, 33 that the trust exists and the trustee is a currently acting 34 trustee of the trust. 35 -10- LSB 5085XC (3) 86 jh/rj 10/ 18

S.F. _____ 4. If requested by the custodian, any of the following: 1 a. A number, username, address, or other unique subscriber 2 or account identifier assigned by the custodian to identify the 3 trust’s account. 4 b. Evidence linking the account to the trust. 5 Sec. 17. NEW SECTION . 638.14 Disclosure of digital assets 6 to conservator or guardian of a ward. 7 1. After an opportunity for a hearing to all interested 8 parties, the court may grant a conservator or guardian access 9 to the digital assets of a ward. 10 2. Unless otherwise ordered by the court or directed by the 11 user, a custodian shall disclose to a conservator or guardian 12 the catalogue of electronic communications sent or received 13 by a ward and any digital assets, other than the content of 14 electronic communications, in which the ward has a right or 15 interest if the conservator or guardian gives the custodian all 16 of the following: 17 a. A written request for disclosure in physical or 18 electronic form. 19 b. A file-stamped copy of the court order that gives the 20 conservator or guardian authority over the digital assets of 21 the ward. 22 c. If requested by the custodian, any of the following: 23 (1) A number, username, address, or other unique subscriber 24 or account identifier assigned by the custodian to identify the 25 account of the ward. 26 (2) Evidence linking the account to the ward. 27 3. If the conservatorship or guardianship is not limited, 28 the conservator or guardian may request a custodian of the 29 digital assets of the ward to suspend or terminate an account 30 of the ward for good cause. A request made under this section 31 must be accompanied by a file-stamped copy of the court order 32 establishing the conservatorship or guardianship. 33 Sec. 18. NEW SECTION . 638.15 Fiduciary duty and authority. 34 1. The legal duties imposed on a fiduciary charged with 35 -11- LSB 5085XC (3) 86 jh/rj 11/ 18

S.F. _____ managing tangible property apply to the management of digital 1 assets, including all of the following: 2 a. The duty of care. 3 b. The duty of loyalty. 4 c. The duty of confidentiality. 5 2. All of the following apply to a fiduciary’s authority 6 with respect to a digital asset of a user: 7 a. Except as otherwise provided in section 638.4, the 8 fiduciary’s authority is subject to the applicable terms of 9 service. 10 b. The fiduciary’s authority is subject to other applicable 11 law, including copyright law. 12 c. The fiduciary’s authority is limited by the scope of the 13 fiduciary’s duties. 14 d. The fiduciary’s authority shall not be used to 15 impersonate the user. 16 3. A fiduciary with authority over the property of a 17 decedent, ward, principal, or settlor has the right to access 18 any digital asset in which the decedent, ward, principal, or 19 settlor had a right or interest and that is not held by a 20 custodian or subject to a terms-of-service agreement. 21 4. A fiduciary acting within the scope of the fiduciary’s 22 duties is an authorized user of the property of the decedent, 23 ward, principal, or settlor for the purpose of applicable 24 computer-fraud and unauthorized-computer-access laws, including 25 section 716.6B. 26 5. A fiduciary with authority over the tangible, personal 27 property of a decedent, ward, principal, or settlor possesses 28 all of the following authority: 29 a. Has the right to access the property and any digital 30 asset stored in the property. 31 b. Is an authorized user for the purpose of computer-fraud 32 and unauthorized-computer-access laws, including section 33 716.6B. 34 6. A custodian may disclose information in an account to 35 -12- LSB 5085XC (3) 86 jh/rj 12/ 18

S.F. _____ a fiduciary of the user when the information is required to 1 terminate an account used to access digital assets licensed to 2 the user. 3 7. A fiduciary of a user may request a custodian to 4 terminate the user’s account. A request for termination must 5 be in writing, in either physical or electronic form, and 6 accompanied by all of the following: 7 a. If the user is deceased, a certified copy of the death 8 certificate of the user. 9 b. A certified copy of the letters of appointment of the 10 personal representative, an original affidavit made pursuant 11 to section 633.356, a file-stamped copy of the court order 12 authorizing the personal representative to administer the 13 user’s estate, power of attorney, or trust, including a 14 certification of trust, giving the fiduciary authority over the 15 account. 16 c. If requested by the custodian, any of the following: 17 (1) A number, username, address, or other unique subscriber 18 or account identifier assigned by the custodian to identify the 19 user’s account. 20 (2) Evidence linking the account to the user. 21 (3) A finding by the court that the user had a specific 22 account with the custodian, identifiable by the information 23 specified in subparagraph (1). 24 Sec. 19. NEW SECTION . 638.16 Custodian compliance and 25 immunity. 26 1. Not later than forty-five days after receipt of the 27 information required under sections 638.7 through 638.14, a 28 custodian shall comply with a request under this chapter from a 29 fiduciary or designated recipient to disclose digital assets or 30 terminate an account. If the custodian fails to comply, the 31 fiduciary or designated recipient may apply to the court for 32 an order directing compliance. 33 2. An order under subsection 1 directing compliance must 34 contain a finding that compliance is not in violation of 18 35 -13- LSB 5085XC (3) 86 jh/rj 13/ 18

S.F. _____ U.S.C. §2702. 1 3. A custodian may notify the user that a request for 2 disclosure or to terminate an account was made under this 3 chapter. 4 4. A custodian may deny a request under this chapter from 5 a fiduciary or designated recipient for disclosure of digital 6 assets or to terminate an account if the custodian is aware of 7 any lawful access to the account following the receipt of the 8 fiduciary’s request. 9 5. This chapter does not limit a custodian’s ability 10 to obtain or require a fiduciary or designated recipient 11 requesting disclosure or termination under this chapter to 12 obtain a court order which finds all of the following: 13 a. That the account belongs to the ward or principal. 14 b. That there is sufficient consent from the ward or 15 principal to support the requested disclosure. 16 c. Any specific factual finding required by any applicable 17 law other than this chapter. 18 6. A custodian and the custodian’s officers, employees, and 19 agents are immune from liability for an act or omission done in 20 good faith in compliance with this chapter. 21 Sec. 20. NEW SECTION . 638.17 Uniformity of application and 22 construction. 23 In applying and construing this chapter, consideration must 24 be given to the need to promote uniformity of the law with 25 respect to this chapter’s subject matter among states that 26 enact the revised uniform fiduciary access to digital assets 27 Act. 28 Sec. 21. NEW SECTION . 638.18 Relation to Electronic 29 Signatures in Global and National Commerce Act. 30 This chapter modifies, limits, or supersedes the federal 31 Electronic Signatures in Global and National Commerce Act, 15 32 U.S.C. §7001 et seq., but does not modify, limit, or supersede 33 section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize 34 electronic delivery of any of the notices described in section 35 -14- LSB 5085XC (3) 86 jh/rj 14/ 18

S.F. _____ 103(b) of that Act, 15 U.S.C. §7003(b). 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to a fiduciary’s access to digital assets 5 and includes applicability provisions. 6 The bill defines “digital asset” as an electronic record in 7 which an individual has a right or interest. “Digital asset” 8 does not include an underlying asset or liability unless the 9 asset or liability is itself an electronic record. “Digital 10 asset” does not include health information or individually 11 identifiable health information as those terms are defined in 12 the federal Health Insurance Portability and Accountability 13 Act. “Fiduciary” is defined as an agent under a power of 14 attorney pursuant to Code chapter 633B, a conservator, 15 guardian, personal representative, or trustee as each is 16 defined under Code section 633.3, or a trustee as defined in 17 Code section 633A.1102. “Custodian” is defined as a person 18 that carries, maintains, processes, receives, or stores a 19 digital asset of a user. “User” is defined as a person that has 20 an account with a custodian. 21 The bill provides that a user may direct a custodian to 22 disclose or not to disclose the user’s digital assets to a 23 fiduciary through an online tool, a will, trust, power of 24 attorney, or other record. A terms-of-service agreement which 25 the user agreed to may also provide whether the custodian shall 26 disclose the user’s digital assets to a fiduciary. 27 The bill provides that a custodian shall disclose the 28 electronic communications of a deceased user to the personal 29 representative of the estate if the personal representative 30 provides the custodian a written request for disclosure, 31 a certified copy of the death certificate, letters of 32 appointment, and documentation evidencing the user’s consent 33 to disclosure of the content of electronic communications, 34 unless the user provided such direction in an online 35 -15- LSB 5085XC (3) 86 jh/rj 15/ 18

S.F. _____ tool. A custodian shall disclose other digital assets of a 1 deceased user to the personal representative if the personal 2 representative provides a written request for disclosure, 3 a certified copy of the death certificate, and letters of 4 appointment. 5 The bill provides that if a power of attorney expressly 6 grants an agent authority over the content of electronic 7 communications, a custodian shall disclose such content if 8 the agent provides to the custodian a written request for 9 disclosure, a copy of the power of attorney expressly granting 10 the agent authority over the content of the principal’s 11 electronic communications, and a certification by the agent 12 that the power of attorney is in effect. Where a power of 13 attorney grants an agent specific authority over digital 14 assets or general authority to act on behalf of the principal, 15 the custodian shall disclose a catalogue of electronic 16 communications sent or received by the principal and digital 17 assets, other than the content of electronic communications, 18 if the agent provides to the custodian a written request for 19 disclosure, a copy of the power of attorney giving the agent 20 specific authority over digital assets or general authority 21 to act on behalf of the principal, and a certification by the 22 agent that the power of attorney is in effect. 23 The bill provides that a custodian shall disclose to a 24 trustee that is an original user of an account any digital 25 asset of the account held in trust. The bill provides that 26 unless otherwise ordered by the court, directed by the user, or 27 provided in a trust, a custodian shall disclose to a trustee 28 that is not an original user the content of an electronic 29 communication sent or received by a user if the trustee gives 30 the custodian a written request, a certified copy of the trust 31 that includes consent to disclose the content of electronic 32 communications to the trustee, and a certification by the 33 trustee that the trust exists and the trustee is a currently 34 acting trustee. A custodian shall disclose to a trustee 35 -16- LSB 5085XC (3) 86 jh/rj 16/ 18

S.F. _____ digital assets in which the trust has an interest and that 1 are not electronic communications if the trustee gives the 2 custodian a written request, a certified copy of the trust 3 instrument or certification, and a certification by the trustee 4 that the trust exists and the trustee is a currently acting 5 trustee. 6 The bill provides that after an opportunity for a hearing, 7 the court may grant a conservator or guardian access to 8 a ward’s digital assets. The bill also provides that a 9 custodian shall disclose to a conservator or guardian the 10 catalogue of electronic communications of a ward and any of 11 the ward’s other digital assets, other than the content of 12 electronic communications, if the conservator or guardian 13 provides the custodian with a written request for disclosure 14 and a copy of the court order that gives the conservator or 15 guardian authority over the ward’s digital assets. If the 16 conservatorship or guardianship is not limited, the conservator 17 or guardian may request a custodian to suspend or terminate an 18 account of the ward for good cause. 19 The bill imposes on a fiduciary the duties of care, loyalty, 20 and confidentiality and specifies a fiduciary’s authority with 21 respect to digital assets of a user. 22 The bill provides that a custodian has 45 days to comply with 23 a request under the new Code chapter. If the custodian fails 24 to comply, the fiduciary may apply for a court order directing 25 compliance. 26 The bill provides that a custodian and the custodian’s 27 officers, employees, and agents are immune from liability for 28 an act or omission done in good faith in compliance with the 29 new Code chapter. 30 The bill provides applicability provisions. The bill 31 applies to a fiduciary acting under a will or a power of 32 attorney executed before, on, or after the effective date of 33 the bill. The bill applies to a personal representative acting 34 for a decedent who dies before, on, or after the effective date 35 -17- LSB 5085XC (3) 86 jh/rj 17/ 18