As used in this chapter: (1) "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; (2) "Agent" means an attorney -in-fact granted a uthority under a durable or nondurable power of attorney; (3) "Carries" means engages in the transmission of an electronic communication; (4) "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; (5) "Conservator" means a person appointed by a court to manage the estate of a living individual. The term includes a limited conservator; (6) "Content of an electronic communication" means information concerning the substance or meaning of the communication which: (a) Has been sent or received by a user; (b) Is in electronic storage by a custodian providing an electronic communication service to t he public or is carried or maintained by a custodian providing a remote computing service to the public; and (c) Is not readily accessible to the public; (7) "Court" means District Court; (8) "Custodian" means a person that carries, maintains, processes, r eceives, or stores a digital asset of a user; (9) "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user; (10) "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; (11) "Electronic" means relating to technolo gy having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (12) "Electronic communication" has the meaning set forth in 18 U.S.C. sec. 2510(12), as amended; (13) "Electronic communication service" means a custodia n that provides to a user the ability to send or receive an electronic communication; (14) "Fiduciary" means an original, additional, or successor personal representative, conservator, agent, or trustee; (15) "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like; (16) "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, t o provide directions for disclosure or nondisclosure of digital assets to a third person; (17) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity; (18) "Personal representative" means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter; (19) "Power of attorney" means a record that grants an agent authority to act in the place of a principal; (20) "Principal" means an individual who grants authority to an agent in a power of attorney; (21) "Protected person" means an individual for whom a conservator has been appointed. The term incl udes an individual for whom an application for the appointment of a conservator is pending; (22) "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; (23) "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. sec. 2510(14), as amended; (24) "Terms of service agreement" means an agreement that controls the relationship between a user and a custodian; (25) "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee; (26) "User" means a person that has an account with a custodian; and (27) "Will" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.
‹ Prev All Kentucky sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.