2017 Tennessee Code
Title 35 - Fiduciaries and Trust Estates
Chapter 8 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 35-8-102. Chapter definitions.

Universal Citation: TN Code § 35-8-102 (2017)
  • 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 authority 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 person with a disability. "Conservator" 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 the 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 any court of record that has jurisdiction to hear matters concerning personal representatives, conservators, guardians, agents acting pursuant to a power of attorney, or trustees;
    • (8) "Custodian" means a person who carries, maintains, processes, receives, 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. "Digital asset" does not include an underlying asset or liability unless the asset or liability is itself an electronic record;
    • (11) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
    • (12) "Electronic communication" has the same meaning as defined in 18 U.S.C. § 2510(12);
    • (13) "Electronic communication service" means a custodian 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, guardian, agent, or trustee;
    • (15) "Guardian" means a person appointed by a court to manage the estate of a minor. "Guardian" includes a limited guardian;
    • (16) "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like;
    • (17) "Limited conservator" means a conservator with partial, restricted, or temporary powers;
    • (18) "Limited guardian" means a guardian with partial, restricted, or temporary powers;
    • (19) "Minor" means an unemancipated individual who has not attained eighteen (18) years of age and who has not otherwise been emancipated, and for whom a guardian has been appointed. "Minor" includes an individual for whom an application for the appointment of a guardian is pending;
    • (20) "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;
    • (21) "Person" means an individual, estate, business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity;
    • (22) "Person with a disability" means an individual eighteen (18) years of age or older determined by a court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity, and for whom a conservator has been appointed. "Person with a disability" includes an individual for whom an application for the appointment of a conservator is pending;
    • (23) "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;
    • (24) "Power of attorney" means an instrument that grants an agent authority to act in the place of a principal;
    • (25) "Principal" means an individual who grants authority to an agent in a power of attorney;
    • (26) "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;
    • (27) "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. § 2510(14);
    • (28) "Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian;
    • (29) "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. "Trustee" includes a successor trustee;
    • (30) "User" means a person who has an account with a custodian; and
    • (31) "Will" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.
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