Arizona Laws 14-13104. User direction for disclosure of digital assets
A. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.
Terms Used In Arizona Laws 14-13104
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Arizona Laws 14-13102
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Arizona Laws 14-13102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 14-13102
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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. See Arizona Laws 14-13102
- Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Arizona Laws 14-13102
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. See Arizona Laws 14-13102
- Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Arizona Laws 14-13102
- Trust: includes an express trust, private or charitable, with any additions, wherever and however created. See Arizona Laws 14-1201
- User: means a person that has an account with a custodian. See Arizona Laws 14-13102
- Will: includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument. See Arizona Laws 14-13102
B. If a user has not used an online tool to give direction under subsection A of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.
C. A user’s direction under subsection A or B of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.