Senate
Study
Bill
1086
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
a
fiduciary’s
access
to
digital
assets
and
1
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
2017,
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
2017,
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
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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.
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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
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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
to
the
designated
recipient
or
not
to
disclose
some
25
or
all
of
the
user’s
digital
assets,
including
the
content
26
of
electronic
communications.
If
the
online
tool
allows
the
27
user
to
modify
or
delete
a
direction
at
any
time,
a
direction
28
regarding
disclosure
using
an
online
tool
overrides
a
contrary
29
direction
by
the
user
in
a
will,
trust,
power
of
attorney,
or
30
other
record.
31
2.
If
a
user
has
not
used
an
online
tool
to
give
direction
32
under
subsection
1,
or
if
the
custodian
has
not
provided
an
33
online
tool,
the
user
may
allow
or
prohibit
in
a
will,
trust,
34
power
of
attorney,
or
other
record,
disclosure
to
a
fiduciary
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of
some
or
all
of
the
user’s
digital
assets,
including
the
1
content
of
electronic
communications
sent
or
received
by
the
2
user.
3
3.
A
user’s
direction
under
subsection
1
or
2
overrides
a
4
contrary
provision
in
a
terms-of-service
agreement
that
does
5
not
require
the
user
to
act
affirmatively
and
distinctly
from
6
the
user’s
assent
to
the
terms
of
service.
7
Sec.
8.
NEW
SECTION
.
638.5
Terms-of-service
agreement.
8
1.
This
chapter
does
not
change
or
impair
a
right
of
a
9
custodian
or
a
user
under
a
terms-of-service
agreement
to
10
access
and
use
digital
assets
of
the
user.
11
2.
This
chapter
does
not
give
a
fiduciary
or
a
designated
12
recipient
any
new
or
expanded
rights
other
than
those
held
by
13
the
user
for
whom,
or
for
whose
estate,
the
fiduciary
or
a
14
designated
recipient
acts
or
represents.
15
3.
A
fiduciary’s
or
designated
recipient’s
access
to
16
digital
assets
may
be
modified
or
eliminated
by
a
user,
by
17
federal
law,
or
by
a
terms-of-service
agreement
if
the
user
has
18
not
provided
direction
under
section
638.4.
19
Sec.
9.
NEW
SECTION
.
638.6
Procedure
for
disclosing
digital
20
assets.
21
1.
When
disclosing
digital
assets
of
a
user
under
this
22
chapter,
the
custodian
may
at
its
sole
discretion
do
any
of
the
23
following:
24
a.
Grant
a
fiduciary
or
designated
recipient
full
access
to
25
the
user’s
account.
26
b.
Grant
a
fiduciary
or
designated
recipient
partial
access
27
to
the
user’s
account
sufficient
to
perform
the
tasks
with
28
which
the
fiduciary
or
designated
recipient
is
charged.
29
c.
Provide
a
fiduciary
or
designated
recipient
a
copy
in
30
a
record
of
any
digital
asset
that,
on
the
date
the
custodian
31
received
the
request
for
disclosure,
the
user
could
have
32
accessed
if
the
user
were
alive,
was
competent,
and
had
access
33
to
the
account.
34
2.
A
custodian
may
assess
a
reasonable
administrative
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charge
for
the
cost
of
disclosing
digital
assets
under
this
1
chapter.
2
3.
A
custodian
need
not
disclose
under
this
chapter
a
3
digital
asset
deleted
by
a
user.
4
4.
If
a
user
directs
or
a
fiduciary
requests
a
custodian
to
5
disclose
some,
but
not
all,
of
the
user’s
digital
assets,
the
6
custodian
need
not
disclose
the
assets
if
segregation
of
the
7
assets
would
impose
an
undue
burden
on
the
custodian.
If
the
8
custodian
believes
the
direction
or
request
imposes
an
undue
9
burden,
the
custodian
or
fiduciary
may
seek
an
order
from
the
10
court
to
disclose
any
of
the
following:
11
a.
A
subset
of
the
user’s
digital
assets
limited
by
date.
12
b.
All
of
the
user’s
digital
assets
to
the
fiduciary
or
13
designated
recipient.
14
c.
None
of
the
user’s
digital
assets.
15
d.
All
of
the
user’s
digital
assets
to
the
court
for
review
16
in
camera.
17
Sec.
10.
NEW
SECTION
.
638.7
Disclosure
of
content
of
18
electronic
communications
of
deceased
user.
19
If
a
deceased
user
consented
or
a
court
directs
disclosure
20
of
the
contents
of
electronic
communications
of
the
user,
the
21
custodian
shall
disclose
to
the
personal
representative
of
the
22
estate
of
the
user
the
content
of
an
electronic
communication
23
sent
or
received
by
the
user
if
the
personal
representative
24
gives
the
custodian
all
of
the
following:
25
1.
A
written
request
for
disclosure
in
physical
or
26
electronic
form.
27
2.
A
certified
copy
of
the
death
certificate
of
the
user.
28
3.
A
certified
copy
of
the
letters
of
appointment
of
the
29
personal
representative,
an
original
affidavit
made
pursuant
30
to
section
633.356,
or
a
file-stamped
copy
of
the
court
order
31
authorizing
the
personal
representative
to
administer
the
32
user’s
estate.
33
4.
Unless
the
user
provided
direction
using
an
online
tool,
34
a
copy
of
the
user’s
will,
trust,
power
of
attorney,
or
other
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record
evidencing
the
user’s
consent
to
disclosure
of
the
1
content
of
electronic
communications.
2
5.
If
requested
by
the
custodian,
any
of
the
following:
3
a.
A
number,
username,
address,
or
other
unique
subscriber
4
or
account
identifier
assigned
by
the
custodian
to
identify
the
5
user’s
account.
6
b.
Evidence
linking
the
account
to
the
user.
7
c.
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
content
of
electronic
communications
11
of
the
user
would
not
violate
18
U.S.C.
§2701
et
seq.,
47
12
U.S.C.
§222,
or
other
applicable
law.
13
(3)
Unless
the
user
provided
direction
using
an
online
14
tool,
that
the
user
consented
to
disclosure
of
the
content
of
15
electronic
communications.
16
(4)
Disclosure
of
the
content
of
electronic
communications
17
of
the
user
is
reasonably
necessary
for
administration
of
the
18
estate.
19
Sec.
11.
NEW
SECTION
.
638.8
Disclosure
of
other
digital
20
assets
of
deceased
user.
21
Unless
the
user
prohibited
disclosure
of
digital
assets
or
22
the
court
directs
otherwise,
a
custodian
shall
disclose
to
the
23
personal
representative
of
the
estate
of
a
deceased
user
a
24
catalogue
of
electronic
communications
sent
or
received
by
the
25
user
and
digital
assets,
other
than
the
content
of
electronic
26
communications,
of
the
user,
if
the
personal
representative
27
gives
the
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
death
certificate
of
the
user.
31
3.
A
certified
copy
of
the
letters
of
appointment
of
the
32
personal
representative,
an
original
affidavit
made
pursuant
33
to
section
633.356,
or
a
file-stamped
copy
of
the
court
order
34
authorizing
the
personal
representative
to
administer
the
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user’s
estate.
1
4.
If
requested
by
the
custodian,
any
of
the
following:
2
a.
A
number,
username,
address,
or
other
unique
subscriber
3
or
account
identifier
assigned
by
the
custodian
to
identify
the
4
user’s
account.
5
b.
Evidence
linking
the
account
to
the
user.
6
c.
An
affidavit
stating
that
disclosure
of
the
user’s
7
digital
assets
is
reasonably
necessary
for
administration
of
8
the
estate.
9
d.
A
finding
by
the
court
of
any
of
the
following:
10
(1)
The
user
had
a
specific
account
with
the
custodian,
11
identifiable
by
the
information
specified
in
paragraph
“a”
.
12
(2)
Disclosure
of
the
user’s
digital
assets
is
reasonably
13
necessary
for
administration
of
the
estate.
14
Sec.
12.
NEW
SECTION
.
638.9
Disclosure
of
content
of
15
electronic
communications
of
principal.
16
To
the
extent
a
power
of
attorney
expressly
grants
an
agent
17
authority
over
the
content
of
electronic
communications
sent
18
or
received
by
the
principal
and
unless
directed
otherwise
by
19
the
principal
or
the
court,
a
custodian
shall
disclose
to
the
20
agent
the
content
if
the
agent
gives
the
custodian
all
of
the
21
following:
22
1.
A
written
request
for
disclosure
in
physical
or
23
electronic
form.
24
2.
An
original
or
copy
of
the
power
of
attorney
expressly
25
granting
the
agent
authority
over
the
content
of
electronic
26
communications
of
the
principal.
27
3.
A
certification
by
the
agent,
under
penalty
of
perjury,
28
that
the
power
of
attorney
is
in
effect.
The
certification
29
form
provided
in
section
633B.302
shall
satisfy
the
requirement
30
of
this
subsection.
31
4.
If
requested
by
the
custodian,
any
of
the
following:
32
a.
A
number,
username,
address,
or
other
unique
subscriber
33
or
account
identifier
assigned
by
the
custodian
to
identify
the
34
principal’s
account.
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b.
Evidence
linking
the
account
to
the
principal.
1
Sec.
13.
NEW
SECTION
.
638.10
Disclosure
of
other
digital
2
assets
of
principal.
3
Unless
otherwise
ordered
by
the
court,
directed
by
the
4
principal,
or
provided
by
a
power
of
attorney,
a
custodian
5
shall
disclose
to
an
agent
with
specific
authority
over
digital
6
assets
or
general
authority
to
act
on
behalf
of
a
principal
7
a
catalogue
of
electronic
communications
sent
or
received
by
8
the
principal
and
digital
assets,
other
than
the
content
of
9
electronic
communications,
of
the
principal
if
the
agent
gives
10
the
custodian
all
of
the
following:
11
1.
A
written
request
for
disclosure
in
physical
or
12
electronic
form.
13
2.
An
original
or
a
copy
of
the
power
of
attorney
that
gives
14
the
agent
specific
authority
over
digital
assets
or
general
15
authority
to
act
on
behalf
of
the
principal.
16
3.
A
certification
by
the
agent,
under
penalty
of
perjury,
17
that
the
power
of
attorney
is
in
effect.
18
4.
If
requested
by
the
custodian,
any
of
the
following:
19
a.
A
number,
username,
address,
or
other
unique
subscriber
20
or
account
identifier
assigned
by
the
custodian
to
identify
the
21
principal’s
account.
22
b.
Evidence
linking
the
account
to
the
principal.
23
Sec.
14.
NEW
SECTION
.
638.11
Disclosure
of
digital
assets
24
held
in
trust
when
trustee
is
original
user.
25
Unless
otherwise
ordered
by
the
court
or
provided
in
a
trust,
26
a
custodian
shall
disclose
to
a
trustee
that
is
an
original
27
user
of
an
account
any
digital
asset
of
the
account
held
in
28
trust,
including
a
catalogue
of
electronic
communications
of
29
the
trustee
and
the
content
of
electronic
communications.
30
Sec.
15.
NEW
SECTION
.
638.12
Disclosure
of
contents
of
31
electronic
communications
held
in
trust
when
trustee
not
original
32
user.
33
Unless
otherwise
ordered
by
the
court,
directed
by
the
user,
34
or
provided
in
a
trust,
a
custodian
shall
disclose
to
a
trustee
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that
is
not
an
original
user
of
an
account
the
content
of
an
1
electronic
communication
sent
or
received
by
an
original
or
2
successor
user
and
carried,
maintained,
processed,
received,
3
or
stored
by
the
custodian
in
the
account
of
the
trust
if
the
4
trustee
gives
the
custodian
all
of
the
following:
5
1.
A
written
request
for
disclosure
in
physical
or
6
electronic
form.
7
2.
A
certified
copy
of
the
trust
instrument
or
a
8
certification
of
trust
under
section
633A.4604
that
9
includes
consent
to
disclosure
of
the
content
of
electronic
10
communications
to
the
trustee.
11
3.
A
certification
by
the
trustee,
under
penalty
of
perjury,
12
that
the
trust
exists
and
the
trustee
is
a
currently
acting
13
trustee
of
the
trust.
14
4.
If
requested
by
the
custodian,
any
of
the
following:
15
a.
A
number,
username,
address,
or
other
unique
subscriber
16
or
account
identifier
assigned
by
the
custodian
to
identify
the
17
trust’s
account.
18
b.
Evidence
linking
the
account
to
the
trust.
19
Sec.
16.
NEW
SECTION
.
638.13
Disclosure
of
other
digital
20
assets
held
in
trust
when
trustee
not
original
user.
21
Unless
otherwise
ordered
by
the
court,
directed
by
the
22
user,
or
provided
in
a
trust,
a
custodian
shall
disclose,
to
a
23
trustee
that
is
not
an
original
user
of
an
account,
a
catalogue
24
of
electronic
communications
sent
or
received
by
an
original
25
or
successor
user
and
stored,
carried,
or
maintained
by
the
26
custodian
in
an
account
of
the
trust
and
any
digital
assets,
27
other
than
the
content
of
electronic
communications,
in
which
28
the
trust
has
a
right
or
interest
if
the
trustee
gives
the
29
custodian
all
of
the
following:
30
1.
A
written
request
for
disclosure
in
physical
or
31
electronic
form.
32
2.
A
certified
copy
of
the
trust
instrument
or
a
33
certification
of
trust
under
section
633A.4604.
34
3.
A
certification
by
the
trustee,
under
penalty
of
perjury,
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that
the
trust
exists
and
the
trustee
is
a
currently
acting
1
trustee
of
the
trust.
2
4.
If
requested
by
the
custodian,
any
of
the
following:
3
a.
A
number,
username,
address,
or
other
unique
subscriber
4
or
account
identifier
assigned
by
the
custodian
to
identify
the
5
trust’s
account.
6
b.
Evidence
linking
the
account
to
the
trust.
7
Sec.
17.
NEW
SECTION
.
638.14
Disclosure
of
digital
assets
8
to
conservator
or
guardian
of
a
ward.
9
1.
After
an
opportunity
for
a
hearing
to
all
interested
10
parties,
the
court
may
grant
a
conservator
or
guardian
access
11
to
the
digital
assets
of
a
ward.
12
2.
Unless
otherwise
ordered
by
the
court
or
directed
by
the
13
user,
a
custodian
shall
disclose
to
a
conservator
or
guardian
14
the
catalogue
of
electronic
communications
sent
or
received
15
by
a
ward
and
any
digital
assets,
other
than
the
content
of
16
electronic
communications,
in
which
the
ward
has
a
right
or
17
interest
if
the
conservator
or
guardian
gives
the
custodian
all
18
of
the
following:
19
a.
A
written
request
for
disclosure
in
physical
or
20
electronic
form.
21
b.
A
file-stamped
copy
of
the
court
order
that
gives
the
22
conservator
or
guardian
authority
over
the
digital
assets
of
23
the
ward.
24
c.
If
requested
by
the
custodian,
any
of
the
following:
25
(1)
A
number,
username,
address,
or
other
unique
subscriber
26
or
account
identifier
assigned
by
the
custodian
to
identify
the
27
account
of
the
ward.
28
(2)
Evidence
linking
the
account
to
the
ward.
29
3.
If
the
conservatorship
or
guardianship
is
not
limited,
30
the
conservator
or
guardian
may
request
a
custodian
of
the
31
digital
assets
of
the
ward
to
suspend
or
terminate
an
account
32
of
the
ward
for
good
cause.
A
request
made
under
this
section
33
must
be
accompanied
by
a
file-stamped
copy
of
the
court
order
34
establishing
the
conservatorship
or
guardianship.
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Sec.
18.
NEW
SECTION
.
638.15
Fiduciary
duty
and
authority.
1
1.
The
legal
duties
imposed
on
a
fiduciary
charged
with
2
managing
tangible
property
apply
to
the
management
of
digital
3
assets,
including
all
of
the
following:
4
a.
The
duty
of
care.
5
b.
The
duty
of
loyalty.
6
c.
The
duty
of
confidentiality.
7
2.
All
of
the
following
apply
to
a
fiduciary’s
or
a
8
designated
recipient’s
authority
with
respect
to
a
digital
9
asset
of
a
user:
10
a.
Except
as
otherwise
provided
in
section
638.4,
the
11
fiduciary’s
or
designated
recipient’s
authority
is
subject
to
12
the
applicable
terms
of
service.
13
b.
The
fiduciary’s
or
designated
recipient’s
authority
is
14
subject
to
other
applicable
law,
including
copyright
law.
15
c.
In
the
case
of
a
fiduciary,
the
fiduciary’s
authority
is
16
limited
by
the
scope
of
the
fiduciary’s
duties.
17
d.
The
fiduciary’s
or
designated
recipient’s
authority
shall
18
not
be
used
to
impersonate
the
user.
19
3.
A
fiduciary
with
authority
over
the
property
of
a
20
decedent,
ward,
principal,
or
settlor
has
the
right
to
access
21
any
digital
asset
in
which
the
decedent,
ward,
principal,
or
22
settlor
had
a
right
or
interest
and
that
is
not
held
by
a
23
custodian
or
subject
to
a
terms-of-service
agreement.
24
4.
A
fiduciary
acting
within
the
scope
of
the
fiduciary’s
25
duties
is
an
authorized
user
of
the
property
of
the
decedent,
26
ward,
principal,
or
settlor
for
the
purpose
of
applicable
27
computer-fraud
and
unauthorized-computer-access
laws,
including
28
section
716.6B.
29
5.
A
fiduciary
with
authority
over
the
tangible,
personal
30
property
of
a
decedent,
ward,
principal,
or
settlor
possesses
31
all
of
the
following
authority:
32
a.
Has
the
right
to
access
the
property
and
any
digital
33
asset
stored
in
the
property.
34
b.
Is
an
authorized
user
for
the
purpose
of
computer-fraud
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and
unauthorized-computer-access
laws,
including
section
1
716.6B.
2
6.
A
custodian
may
disclose
information
in
an
account
to
3
a
fiduciary
of
the
user
when
the
information
is
required
to
4
terminate
an
account
used
to
access
digital
assets
licensed
to
5
the
user.
6
7.
A
fiduciary
of
a
user
may
request
a
custodian
to
7
terminate
the
user’s
account.
A
request
for
termination
must
8
be
in
writing,
in
either
physical
or
electronic
form,
and
9
accompanied
by
all
of
the
following:
10
a.
If
the
user
is
deceased,
a
certified
copy
of
the
death
11
certificate
of
the
user.
12
b.
A
certified
copy
of
the
letters
of
appointment
of
the
13
personal
representative,
an
original
affidavit
made
pursuant
14
to
section
633.356,
a
file-stamped
copy
of
the
court
order
15
authorizing
the
personal
representative
to
administer
the
16
user’s
estate,
power
of
attorney,
or
trust,
including
a
17
certification
of
trust,
giving
the
fiduciary
authority
over
the
18
account.
19
c.
If
requested
by
the
custodian,
any
of
the
following:
20
(1)
A
number,
username,
address,
or
other
unique
subscriber
21
or
account
identifier
assigned
by
the
custodian
to
identify
the
22
user’s
account.
23
(2)
Evidence
linking
the
account
to
the
user.
24
(3)
A
finding
by
the
court
that
the
user
had
a
specific
25
account
with
the
custodian,
identifiable
by
the
information
26
specified
in
subparagraph
(1).
27
Sec.
19.
NEW
SECTION
.
638.16
Custodian
compliance
and
28
immunity.
29
1.
Not
later
than
sixty
days
after
receipt
of
the
30
information
required
under
sections
638.7
through
638.14,
a
31
custodian
shall
comply
with
a
request
under
this
chapter
from
a
32
fiduciary
or
designated
recipient
to
disclose
digital
assets
or
33
terminate
an
account.
If
the
custodian
fails
to
comply,
the
34
fiduciary
or
designated
recipient
may
apply
to
the
court
for
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an
order
directing
compliance.
1
2.
An
order
under
subsection
1
directing
compliance
must
2
contain
a
finding
that
compliance
is
not
in
violation
of
18
3
U.S.C.
§2702.
4
3.
A
custodian
may
notify
the
user
that
a
request
for
5
disclosure
or
to
terminate
an
account
was
made
under
this
6
chapter.
7
4.
A
custodian
may
deny
a
request
under
this
chapter
from
8
a
fiduciary
or
designated
recipient
for
disclosure
of
digital
9
assets
or
to
terminate
an
account
if
the
custodian
is
aware
of
10
any
lawful
access
to
the
account
following
the
receipt
of
the
11
fiduciary’s
request.
12
5.
This
chapter
does
not
limit
a
custodian’s
ability
13
to
obtain
or
require
a
fiduciary
or
designated
recipient
14
requesting
disclosure
or
termination
under
this
chapter
to
15
obtain
a
court
order
which
finds
all
of
the
following:
16
a.
That
the
account
belongs
to
the
user.
17
b.
That
there
is
sufficient
consent
from
the
user
to
support
18
the
requested
disclosure.
19
c.
Any
specific
factual
finding
required
by
any
applicable
20
law
other
than
this
chapter.
21
6.
A
custodian
and
the
custodian’s
officers,
employees,
and
22
agents
are
immune
from
liability
for
an
act
or
omission
done
in
23
good
faith
in
compliance
with
this
chapter.
24
Sec.
20.
NEW
SECTION
.
638.17
Uniformity
of
application
and
25
construction.
26
In
applying
and
construing
this
chapter,
consideration
must
27
be
given
to
the
need
to
promote
uniformity
of
the
law
with
28
respect
to
this
chapter’s
subject
matter
among
states
that
29
enact
the
revised
uniform
fiduciary
access
to
digital
assets
30
Act.
31
Sec.
21.
NEW
SECTION
.
638.18
Relation
to
Electronic
32
Signatures
in
Global
and
National
Commerce
Act.
33
This
chapter
modifies,
limits,
or
supersedes
the
federal
34
Electronic
Signatures
in
Global
and
National
Commerce
Act,
15
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U.S.C.
§7001
et
seq.,
but
does
not
modify,
limit,
or
supersede
1
section
101(c)
of
that
Act,
15
U.S.C.
§7001(c),
or
authorize
2
electronic
delivery
of
any
of
the
notices
described
in
section
3
103(b)
of
that
Act,
15
U.S.C.
§7003(b).
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
a
fiduciary’s
access
to
digital
assets
8
and
includes
applicability
provisions.
9
The
bill
defines
“digital
asset”
as
an
electronic
record
in
10
which
an
individual
has
a
right
or
interest.
“Digital
asset”
11
does
not
include
an
underlying
asset
or
liability
unless
the
12
asset
or
liability
is
itself
an
electronic
record.
“Digital
13
asset”
does
not
include
health
information
or
individually
14
identifiable
health
information
as
those
terms
are
defined
in
15
the
federal
Health
Insurance
Portability
and
Accountability
16
Act.
“Fiduciary”
is
defined
as
an
agent
under
a
power
of
17
attorney
pursuant
to
Code
chapter
633B,
a
conservator,
18
guardian,
personal
representative,
or
trustee
as
each
is
19
defined
under
Code
section
633.3,
or
a
trustee
as
defined
in
20
Code
section
633A.1102.
“Custodian”
is
defined
as
a
person
21
that
carries,
maintains,
processes,
receives,
or
stores
a
22
digital
asset
of
a
user.
“User”
is
defined
as
a
person
that
has
23
an
account
with
a
custodian.
24
The
bill
provides
that
a
user
may
direct
a
custodian
to
25
disclose
to
the
designated
recipient
or
not
to
disclose
26
the
user’s
digital
assets
to
a
fiduciary
through
an
online
27
tool,
a
will,
trust,
power
of
attorney,
or
other
record.
A
28
terms-of-service
agreement
which
the
user
agreed
to
may
also
29
provide
whether
the
custodian
shall
disclose
the
user’s
digital
30
assets
to
a
fiduciary.
31
The
bill
provides
that
a
custodian
shall
disclose
the
32
electronic
communications
of
a
deceased
user
to
the
personal
33
representative
of
the
estate
if
the
personal
representative
34
provides
the
custodian
a
written
request
for
disclosure,
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a
certified
copy
of
the
death
certificate,
letters
of
1
appointment,
and
documentation
evidencing
the
user’s
consent
2
to
disclosure
of
the
content
of
electronic
communications,
3
unless
the
user
provided
such
direction
in
an
online
4
tool.
A
custodian
shall
disclose
other
digital
assets
of
a
5
deceased
user
to
the
personal
representative
if
the
personal
6
representative
provides
a
written
request
for
disclosure,
7
a
certified
copy
of
the
death
certificate,
and
letters
of
8
appointment.
9
The
bill
provides
that
if
a
power
of
attorney
expressly
10
grants
an
agent
authority
over
the
content
of
electronic
11
communications,
a
custodian
shall
disclose
such
content
if
12
the
agent
provides
to
the
custodian
a
written
request
for
13
disclosure,
a
copy
of
the
power
of
attorney
expressly
granting
14
the
agent
authority
over
the
content
of
the
principal’s
15
electronic
communications,
and
a
certification
by
the
agent
16
that
the
power
of
attorney
is
in
effect.
Where
a
power
of
17
attorney
grants
an
agent
specific
authority
over
digital
18
assets
or
general
authority
to
act
on
behalf
of
the
principal,
19
the
custodian
shall
disclose
a
catalogue
of
electronic
20
communications
sent
or
received
by
the
principal
and
digital
21
assets,
other
than
the
content
of
electronic
communications,
22
if
the
agent
provides
to
the
custodian
a
written
request
for
23
disclosure,
a
copy
of
the
power
of
attorney
giving
the
agent
24
specific
authority
over
digital
assets
or
general
authority
25
to
act
on
behalf
of
the
principal,
and
a
certification
by
the
26
agent
that
the
power
of
attorney
is
in
effect.
27
The
bill
provides
that
a
custodian
shall
disclose
to
a
28
trustee
that
is
an
original
user
of
an
account
any
digital
29
asset
of
the
account
held
in
trust.
The
bill
provides
that
30
unless
otherwise
ordered
by
the
court,
directed
by
the
user,
or
31
provided
in
a
trust,
a
custodian
shall
disclose
to
a
trustee
32
that
is
not
an
original
user
the
content
of
an
electronic
33
communication
sent
or
received
by
a
user
if
the
trustee
gives
34
the
custodian
a
written
request,
a
certified
copy
of
the
trust
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that
includes
consent
to
disclose
the
content
of
electronic
1
communications
to
the
trustee,
and
a
certification
by
the
2
trustee
that
the
trust
exists
and
the
trustee
is
a
currently
3
acting
trustee.
A
custodian
shall
disclose
to
a
trustee
4
digital
assets
in
which
the
trust
has
an
interest
and
that
5
are
not
electronic
communications
if
the
trustee
gives
the
6
custodian
a
written
request,
a
certified
copy
of
the
trust
7
instrument
or
certification,
and
a
certification
by
the
trustee
8
that
the
trust
exists
and
the
trustee
is
a
currently
acting
9
trustee.
10
The
bill
provides
that
after
an
opportunity
for
a
hearing,
11
the
court
may
grant
a
conservator
or
guardian
access
to
12
a
ward’s
digital
assets.
The
bill
also
provides
that
a
13
custodian
shall
disclose
to
a
conservator
or
guardian
the
14
catalogue
of
electronic
communications
of
a
ward
and
any
of
15
the
ward’s
other
digital
assets,
other
than
the
content
of
16
electronic
communications,
if
the
conservator
or
guardian
17
provides
the
custodian
with
a
written
request
for
disclosure
18
and
a
copy
of
the
court
order
that
gives
the
conservator
or
19
guardian
authority
over
the
ward’s
digital
assets.
If
the
20
conservatorship
or
guardianship
is
not
limited,
the
conservator
21
or
guardian
may
request
a
custodian
to
suspend
or
terminate
an
22
account
of
the
ward
for
good
cause.
23
The
bill
imposes
on
a
fiduciary
the
duties
of
care,
loyalty,
24
and
confidentiality
and
specifies
a
fiduciary’s
authority
with
25
respect
to
digital
assets
of
a
user.
26
The
bill
provides
that
a
custodian
has
60
days
to
comply
with
27
a
request
under
the
new
Code
chapter.
If
the
custodian
fails
28
to
comply,
the
fiduciary
may
apply
for
a
court
order
directing
29
compliance.
30
The
bill
provides
that
a
custodian
and
the
custodian’s
31
officers,
employees,
and
agents
are
immune
from
liability
for
32
an
act
or
omission
done
in
good
faith
in
compliance
with
the
33
new
Code
chapter.
34
The
bill
provides
applicability
provisions.
The
bill
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applies
to
a
fiduciary
acting
under
a
will
or
a
power
of
1
attorney
executed
before,
on,
or
after
the
effective
date
of
2
the
bill.
The
bill
applies
to
a
personal
representative
acting
3
for
a
decedent
who
dies
before,
on,
or
after
the
effective
date
4
of
the
bill.
The
bill
applies
to
a
conservator
or
guardian
5
acting
for
a
ward
on
or
after
the
effective
date
of
the
bill.
6
The
bill
applies
to
a
trustee
acting
under
a
trust
created
7
before,
on,
or
after
the
effective
date
of
the
bill.
8
The
bill
makes
conforming
changes.
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