1. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) The duty of care; (2) The duty of loyalty; and (3) The duty of confidentiality. 2. A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) Except as otherwise provided in section 472.415 , is subject to the applicable terms-of-service agreement; (2) Is subject to other applicable law, including copyright law; (3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and (4) May not be used to impersonate the user. 3. A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. 4. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including Missouri law on unauthorized computer access. 5. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor: (1) Has the right to access the property and any digital asset stored in it; and (2) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including Missouri law on unauthorized computer access. 6. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. 7. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by: (1) If the user is deceased, a certified copy of the death certificate of the user; (2) A certified copy of the letter of testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small-estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and (3) If requested by the custodian for the purpose of identifying the correct account of the correct user: (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (b) Evidence linking the account to the user; or (c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision.
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