RSA 554-A:2 · Definitions

554-A:2 Definitions. – In this chapter:

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(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.

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(2)

"Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney.

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(3)

"Carries" means engages in the transmission of an electronic communication.

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(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.

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(5)

"Conservator" means a person who is appointed by the court to manage the estate of one who requests the appointment of a conservator.

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(6)

"Content of an electronic communication" means information concerning the substance or meaning of the communication which:

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(A)

Has been sent or received by a user;

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(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

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(C)

Is not readily accessible to the public.

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(7)

"Court" means the circuit court having jurisdiction over the protected person.

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(8)

"Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user.

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(9)

"Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.

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(10)

"Digital asset" means an electronic record in which an individual has a right or interest. The term shall not include an underlying asset or liability unless the asset or liability is itself an electronic record.

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(11)

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

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(12)

"Electronic communication" has the meaning set forth in 18 U.S.C. section 2510(12), as amended.

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(13)

"Electronic communication service" means a custodian that provides to a user the ability to send or receive an electronic communication.

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(14)

"Fiduciary" means an original, additional, or successor personal representative, conservator, guardian of the estate, agent, trustee, or any person so appointed by the court.

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(15)

"Guardian of the estate" means one appointed by the court to manage the estate of the incapacitated person as specified by a court order.

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(16)

"Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.

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(17)

"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.

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(18)

"Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

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(19)

"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.

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(20)

"Power of attorney" means a record that grants an agent authority to act in the place of a principal.

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(21)

"Principal" means an individual who grants authority to an agent in a power of attorney.

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(22)

"Protected person" means an individual for whom a conservator or a guardian of the estate has been appointed. The term includes an individual for whom an application for the appointment of a conservator or guardian of the estate is pending.

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(23)

"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.

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(24)

"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. section 2510(14), as amended.

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(25)

"Terms of service agreement" means an agreement that controls the relationship between a user and a custodian.

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(26)

"Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.

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(27)

"User" means a person that has an account with a custodian.

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(28)

"Will" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument. Source. 2019, 140:1, eff. June 25, 2019.

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