2018 Wyoming Statutes
TITLE 2 - WILLS, DECEDENTS' ESTATES AND PROBATE CODE
CHAPTER 3 - FIDUCIARIES
ARTICLE 10 - UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
SECTION 2-3-1002 - Definitions.
2-3-1002. Definitions.
(a) As used in this act:
(i) "Account" means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of a user or provides goods or services to a user;
(ii) "Agent" means an attorney in fact granted authority under a power of attorney;
(iii) "Carries" means engages in the transmission of an electronic communication;
(iv) "Catalogue of electronic communications" means information that identifies a person with which a user has had an electronic communication, including the person's electronic address, and the time and date of the communication;
(v) "Content of electronic communications" means information concerning the substance or meaning of an electronic communication that:
(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.
(vi) "Custodian" means a person that carries, maintains, processes, receives or stores a digital asset of a user through the internet as defined in W.S. 9-2-1035(a)(iii);
(vii) "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user;
(viii) "Digital asset" means an electronic record in which a person 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;
(ix) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;
(x) "Electronic communication" means an electronic communication as defined in section 2510 of title 18 of the United States Code, as amended;
(xi) "Electronic communication service" means a custodian that provides to a user the ability to send or receive an electronic communication;
(xii) "Fiduciary" means a personal representative, trustee, executor, administrator, guardian, agent, conservator or other person performing substantially these same functions. To be a fiduciary under this act a person must be authorized to act as a fiduciary with respect to the digital assets of a user or a user's estate. A fiduciary shall have those privileges, powers and obligations granted under this act which are not inconsistent with other privileges, powers or obligations imposed by this act on specific types of fiduciaries;
(xiii) "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases or the like;
(xiv) "Online tool" means an electronic service provided by a custodian that allows a user, in an agreement distinct from a terms of service agreement between the custodian and the user, to provide directions for disclosure or nondisclosure of digital assets to a third person;
(xv) "Principal" means a person who grants authority to an agent in a power of attorney;
(xvi) "Record" means information that is inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form;
(xvii) "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 section 2510 of title 18 of the United States Code, as amended;
(xviii) "Terms of service agreement" means an agreement that controls the relationship between a user and a custodian;
(xix) "User" means a person that has an account with a custodian;
(xx) "Ward" means a person for whom a conservator has been appointed, including a person for whom an application for the appointment of a conservator is pending;
(xxi) "This act" means W.S. 2-3-1001 through 2-3-1017.
