N.Y. Estates, Powers & Trusts Law § 13-a-1: Definitions

§ 13-A-1 Definitions

In this article the following terms shall have the following meanings:

(a) "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.

(b) "Agent" means a person granted authority to act as

attorney-in-fact for the principal under a power of attorney and

includes the original agent or any co-agent or successor agent.

(c) "Carries" means engages in the transmission of an electronic

communication.

(d) "Catalogue of electronic communications" means 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.

(e) "Content of an electronic communication" means information

concerning the substance or meaning of the communication which:

(1) has been sent or received by a user;

(2) 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; and

(3) is not readily accessible to the public.

(f) "Court" means the court in this state having jurisdiction in

matters relating to the content of this article.

(g) "Custodian" means a person that carries, maintains, processes,

receives, or stores a digital asset of a user.

(h) "Designated recipient" means a person chosen by a user using an

online tool to administer digital assets of the user.

(i) "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.

(j) "Electronic" means relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic, or similar

capabilities.

(k) "Electronic communication" has the meaning set forth in 18 U.S.C.

section 2510(12), as amended.

(l) "Electronic-communication service" means a custodian that provides

to a user the ability to send or receive an electronic communication.

(m) "Fiduciary" includes an executor, preliminary executor,

administrator, temporary administrator, voluntary administrator,

personal representative, guardian, agent, or trustee. This term includes

the successor to any fiduciary.

(n) "Guardian" means a person who has been appointed as a guardian by

a court of this state pursuant to the surrogate's court procedure act or

the mental hygiene law.

(o) "Information" means data, metadata, Internet protocol address,

user login information, text, images, videos, sounds, codes, computer

programs, software, databases, or similar intelligence of any nature.

(p) "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.

(q) "Person" means a natural person, corporation, business trust,

estate, trust, partnership, limited liability company, association,

joint venture, business or nonprofit entity, public corporation,

government or governmental subdivision, agency, or instrumentality, or

other legal or commercial entity, board and the state.

(r) "Power of attorney" means a record that grants an agent authority

to act in the place of a principal.

(s) "Principal" means an individual who grants authority to an agent

in a power of attorney.

(t) "Protective order" means an order appointing a guardian or another

order related to management of a ward's property.

(u) "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.

(v) "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.

section 2510(14), as amended.

(w) "Terms-of-service agreement" means an agreement that controls the

relationship between a user and a custodian.

(x) "Trustee" includes an original additional. and successor trustee,

and a co-trustee.

(y) "User" means a person that has an account with a custodian.

(z) "Ward" means an individual for whom a guardian has been appointed

by a court of this state pursuant to the surrogate's court procedure act

or the mental hygiene law. The term includes an individual for whom an

application of guardianship is pending.