                                 CODE OF VIRGINIA

DEFINITIONS (§ 64.2-116)

As used in this article, unless the context requires otherwise:
		&#8220;Account&#8221; 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.
		&#8220;Agent&#8221; means a person granted authority to act for a principal
under a power of attorney, whether denominated an agent, attorney-in-fact, or
otherwise. &#8220;Agent&#8221; includes an original agent, a coagent, a
successor agent, and a person to which an agent&#8217;s authority is delegated.
		&#8220;Carries&#8221; means engages in the transmission of an electronic
communication.
		&#8220;Catalog of electronic communications&#8221; 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.
		&#8220;Conservator&#8221; means a person appointed by a court to manage the
estate of a living individual. &#8220;Conservator&#8221; includes a limited
conservator.
		&#8220;Content of an electronic communication&#8221; means information
concerning the substance or meaning of the communication that (i) has been sent
or received by a user; (ii) 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 (iii) is not
readily accessible to the public.
		&#8220;Court&#8221; means the circuit court for the county or city having
jurisdiction over the fiduciary in matters relating to the content of this
article.
		&#8220;Custodian&#8221; means a person who carries, maintains, processes,
receives, or stores a digital asset of a user.
		&#8220;Designated recipient&#8221; means a person chosen by a user using an
online tool to administer digital assets of the user.
		&#8220;Digital asset&#8221; means an electronic record in which an individual
has a right or interest. &#8220;Digital asset&#8221; does not include an
underlying asset or liability unless the asset or liability is itself an
electronic record.
		&#8220;Electronic&#8221; means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
		&#8220;Electronic communication&#8221; has the same meaning as the definition
provided in 18 U.S.C. § 2510(12).
		&#8220;Electronic communication service&#8221; means a custodian that provides
to a user the ability to send or receive an electronic communication.
		&#8220;Fiduciary&#8221; means an original, additional, or successor personal
representative, conservator, guardian, agent, or trustee.
		&#8220;Guardian&#8221; means a person appointed by a court to manage the
person of a living individual adult pursuant to Chapter 20 (§ 64.2-2000 et
seq.) or a person appointed by a court to manage the estate of a minor pursuant
to Chapter 17 (§ 64.2-1700 et seq.). &#8220;Guardian&#8221; includes a limited
guardian.
		&#8220;Information&#8221; means data, text, images, videos, sounds, codes,
computer programs, software, databases, or something that is substantially
similar.
		&#8220;Online tool&#8221; 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.
		&#8220;Person&#8221; means an individual; estate; business or nonprofit
entity; public corporation; government or governmental subdivision, agency, or
instrumentality; or other legal entity.
		&#8220;Personal representative&#8221; means an executor, administrator,
curator, designated successor or successor under the Virginia Small Estate Act
(§ 64.2-600 et seq.), or person that performs substantially the same function
under the laws of the Commonwealth other than this article.
		&#8220;Power of attorney&#8221; means a record that grants an agent authority
to act in the place of a principal.
		&#8220;Principal&#8221; means an individual who grants authority to an agent
in a power of attorney.
		&#8220;Protected person&#8221; means an individual for whom a conservator or
guardian has been appointed. &#8220;Protected person&#8221; includes an
individual for whom an application for the appointment of a conservator or
guardian is pending.
		&#8220;Record&#8221; 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.
		&#8220;Remote computing service&#8221; 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).
		&#8220;Terms-of-service agreement&#8221; means an agreement that controls the
relationship between a user and a custodian.
		&#8220;Trustee&#8221; means a fiduciary with legal title to property under an
agreement or declaration that creates a beneficial interest in another.
&#8220;Trustee&#8221; includes a successor trustee.
		&#8220;User&#8221; means a person that has an account with a custodian.
		&#8220;Will&#8221; includes a codicil, testamentary instrument that only
appoints an executor, and instrument that revokes or revises a testamentary
instrument.

HISTORY: 2017, cc. 33, 80.