{"data":{"id":"us-ky/krs-395a.020","jurisdiction":"us-ky","citation":"KRS 395A.020","heading":"Definitions for chapter.","body":"As used in this chapter:\n(1) \"Account\" means an arrangement under a terms -of-service agreement in which a\ncustodian carries, maintains, processes, receives, or stores a digital asset of the user\nor provides goods or services to the user;\n(2) \"Agent\" means an attorney -in-fact granted a uthority under a durable or nondurable\npower of attorney;\n(3) \"Carries\" means engages in the transmission of an electronic communication;\n(4) \"Catalogue of electronic communications\" means information that identifies each\nperson with which a user has had an electronic communication, the time and date of\nthe communication, and the electronic address of the person;\n(5) \"Conservator\" means a person appointed by a court to manage the estate of a living\nindividual. The term includes a limited conservator;\n(6) \"Content of an electronic communication\" means information concerning the\nsubstance or meaning of the communication which:\n(a) Has been sent or received by a user;\n(b) Is in electronic storage by a custodian providing an electronic communication\nservice to t he public or is carried or maintained by a custodian providing a\nremote computing service to the public; and\n(c) Is not readily accessible to the public;\n(7) \"Court\" means District Court;\n(8) \"Custodian\" means a person that carries, maintains, processes, r eceives, or stores a\ndigital asset of a user;\n(9) \"Designated recipient\" means a person chosen by a user using an online tool to\nadminister digital assets of the user;\n(10) \"Digital asset\" means an electronic record in which an individual has a right or\ninterest. The term does not include an underlying asset or liability unless the asset or\nliability is itself an electronic record;\n(11) \"Electronic\" means relating to technolo gy having electrical, digital, magnetic,\nwireless, optical, electromagnetic, or similar capabilities;\n(12) \"Electronic communication\" has the meaning set forth in 18 U.S.C. sec. 2510(12),\nas amended;\n(13) \"Electronic communication service\" means a custodia n that provides to a user the\nability to send or receive an electronic communication;\n(14) \"Fiduciary\" means an original, additional, or successor personal representative,\nconservator, agent, or trustee;\n(15) \"Information\" means data, text, images, videos,  sounds, codes, computer programs,\nsoftware, databases, or the like;\n(16) \"Online tool\" means an electronic service provided by a custodian that allows the\nuser, in an agreement distinct from the terms -of-service agreement between the\ncustodian and user, t o provide directions for disclosure or nondisclosure of digital\nassets to a third person;\n(17) \"Person\" means an individual, estate, business or nonprofit entity, public\ncorporation, government or governmental subdivision, agency, or instrumentality,\nor other legal entity;\n(18) \"Personal representative\" means an executor, administrator, special administrator,\nor person that performs substantially the same function under law of this state other\nthan this chapter;\n(19) \"Power of attorney\" means a record that grants an agent authority to act in the place\nof a principal;\n(20) \"Principal\" means an individual who grants authority to an agent in a power of\nattorney;\n(21) \"Protected person\" means an individual for whom a conservator has been appointed.\nThe term incl udes an individual for whom an application for the appointment of a\nconservator is pending;\n(22) \"Record\" means information that is inscribed on a tangible medium or that is stored\nin an electronic or other medium and is retrievable in perceivable form;\n(23) \"Remote computing service\" means a custodian that provides to a user computer -\nprocessing services or the storage of digital assets by means of an electronic\ncommunications system, as defined in 18 U.S.C. sec. 2510(14), as amended;\n(24) \"Terms of service  agreement\" means an agreement that controls the relationship\nbetween a user and a custodian;\n(25) \"Trustee\" means a fiduciary with legal title to property under an agreement or\ndeclaration that creates a beneficial interest in another. The term includes a\nsuccessor trustee;\n(26) \"User\" means a person that has an account with a custodian; and\n(27) \"Will\" includes a codicil, testamentary instrument that only appoints an executor,\nand instrument that revokes or revises a testamentary instrument.","path":["KRS Chapter 395A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50220","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:27Z","sha256":"b01359a37a154180e8f150ae95fef8d2ab5144076cdd7d693e908f430dbd46e6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-395a.010","next":"us-ky/krs-395a.030"},"notice":"GroundRules: Original legal text. Not legal advice."}