2020 Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 39 - Uniform Fiduciary Access to Digital Assets
Section 3902 - Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Account." An arrangement under a terms-of-service agreement in which a custodian:
(1) carries, maintains, processes, receives or stores a digital asset of the user; or
(2) provides goods or services to the user.
"Agent." As defined in section 5601(f) (relating to general provisions).
"Carries." Engages in the transmission of an electronic communication.
"Catalog of electronic communications." Information which identifies:
(1) each person that has had an electronic communication with a user;
(2) the time and date of the electronic communication; and
(3) the electronic address of the person under paragraph (1).
"Content of an electronic communication." Information concerning the substance or meaning of the electronic 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.
"Custodian." A person that carries, maintains, processes, receives or stores a digital asset of a user.
"Designated recipient." A person chosen by a user using an online tool to administer digital assets of the user.
"Digital asset." 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.
"Electronic." Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
"Electronic communication." As defined in 18 U.S.C. § 2510(12) (relating to definitions).
"Electronic communication service." A custodian that provides to a user the ability to send or receive an electronic communication.
"Electronic communications system." As defined in 18 U.S.C. § 2510(14).
"Guardian of the estate." A person appointed by a court to manage the estate of a living individual. The term includes a limited guardian of the estate.
"Information." Data, text, images, videos, sounds, codes, computer programs, software, databases or the like.
"Online tool." An electronic service provided by a custodian which 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.
"Person." An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.
"Power of attorney." A record which grants an agent authority to act in the place of a principal.
"Principal." An individual who grants authority to an agent in a power of attorney.
"Protected person." An individual for whom a guardian of the estate has been appointed. The term includes an individual for whom an application for the appointment of a guardian of the estate is pending.
"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"Remote computing service." A custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system.
"Terms-of-service agreement." An agreement which controls the relationship between a user and a custodian.
"Trustee." A fiduciary with legal title to property under an agreement or declaration which creates a beneficial interest in another. The term includes a successor trustee.
"User." A person that has an account with a custodian.
Cross References. Section 3902 is referred to in section 5601.4 of this title.
