                                 CODE OF VIRGINIA

FIDUCIARY DUTY AND AUTHORITY (§ 64.2-129)

A. The legal duties imposed on a fiduciary charged with managing tangible
property apply to the management of digital assets, including:

   1. The duty of care;

   2. The duty of loyalty; and

   3. The duty of confidentiality.

B. A fiduciary&#8217;s or designated recipient&#8217;s authority with respect to
a digital asset of a user:

   1. Except as otherwise provided in &#xA7; 64.2-118, is subject to the
   applicable terms-of-service agreement;

   2. Is subject to other applicable law, including copyright law;

   3. In the case of a fiduciary, is limited by the scope of the
   fiduciary&#8217;s duties; and

   4. May not be used to impersonate the user.

C. A fiduciary with authority over the property of a decedent, protected person,
principal, or settlor has the right to access any digital asset in which the
decedent, protected person, principal, or settlor had a right or interest and
that is not held by a custodian or subject to a terms-of-service agreement.

D. A fiduciary acting within the scope of the fiduciary&#8217;s duties is an
authorized user of the property of the decedent, protected person, principal, or
settlor for the purpose of applicable computer-fraud and unauthorized
computer-access laws, including Article 7.1 (&#xA7; 18.2-152.1 et seq.) of
Chapter 5 of Title 18.2.

E. A fiduciary with authority over the tangible personal property of a decedent,
protected person, principal, or settlor:

   1. Has the right to access the property and any digital asset stored in it;
   and

   2. Is an authorized user for the purposes of computer-fraud and unauthorized
   computer-access laws, including Article 7.1 (&#xA7; 18.2-152.1 et seq.) of
   Chapter 5 of Title 18.2.

F. A custodian may disclose information in an account to a fiduciary of the user
when the information is required to terminate an account used to access digital
assets licensed to the user.

G. A fiduciary of a user may request a custodian to terminate the user&#8217;s
account. A request for termination shall be in writing, in either physical or
electronic form, and accompanied by:

   1. If the user is deceased, a certified copy of the death certificate of the
   user;

   2. A certified copy of the letter of appointment of the representative or a
   small-estate affidavit or court order, court order, power of attorney, or
   trust giving the fiduciary authority over the account; and

   3. If requested by the custodian:
   				a. A number, username, address, or other unique subscriber or account
   identifier assigned by the custodian to identify the user&#8217;s account;
   				b. Evidence linking the account to the user; or
   				c. A finding by the court that the user had a specific account with the
   custodian, identifiable by the information specified in subdivision a.

HISTORY: 2017, cc. 33, 80.