2019 Mississippi Code
Title 91 - Trusts and Estates
Chapter 23 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 91-23-3. Definitions

Universal Citation: MS Code § 91-23-3 (2019)
  • In this chapter the following terms shall have the meanings ascribed in this section, unless the context clearly requires otherwise:
    • (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 an attorney-in-fact granted authority under a durable or nondurable power of attorney.

    • (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) “Conservator” means a person appointed by a court to manage the estate of a living individual and includes a guardian appointed by a court to manage the estate of a living individual, and “conservatorship” includes guardianship of the estate of a living individual.

    • (f) “Content of an electronic communication” means information concerning the substance or meaning of the communication which:

      • (i) Has been sent or received by a user;

      • (ii) 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

      • (iii) Is not readily accessible to the public.

    • (g) “Court” means the chancery court.

    • (h) “Custodian” means a person that carries, maintains, processes, receives or stores a digital asset of a user.

    • (i) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user.

    • (j) “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.

    • (k) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

    • (l) “Electronic communication” has the meaning set forth in 18 USC Section 2510(12).

    • (m) “Electronic-communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.

    • (n) “Fiduciary” means an original, additional, or successor personal representative, conservator, agent or trustee.

    • (o) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases or the like.

    • (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 an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity.

    • (r) “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.

    • (s) “Power of attorney” means a record that grants an agent authority to act in the place of a principal.

    • (t) “Principal” means an individual who grants authority to an agent in a power of attorney.

    • (u) “Protected person” means a ward or other individual for whom a conservator has been appointed and includes an individual for whom an application for the appointment of a conservator is pending.

    • (v) “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.

    • (w) “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 USC Section 2510(14).

    • (x) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian.

    • (y) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term also includes a successor trustee.

    • (z) “User” means a person that has an account with a custodian.

    • (aa) “Will” includes a codicil, testamentary instrument that only appoints an executor and an instrument that revokes or revises a testamentary instrument.

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