Section 880 - Fiduciary duty and authority(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following: (3) The duty of confidentiality.(b) All of the following shall apply to a fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) Except as otherwise provided in Section 873, a fiduciary's or designated recipient's authority is subject to the applicable terms-of-service agreement.(2) A fiduciary's or designated recipient's authority is subject to other applicable law, including copyright law.(3) In the case of a fiduciary, a fiduciary's authority is limited by the scope of the fiduciary's duties.(4) A fiduciary's or designated recipient's authority may not be used to impersonate the user.(c) A fiduciary with authority over the property of a decedent or settlor has the right of access to any digital asset in which the decedent or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices.(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws.(e) The following shall apply to a fiduciary with authority over the tangible, personal property of a decedent or settlor: (1) The fiduciary has the right to access the property and any digital asset stored in it. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices.(2) The fiduciary is an authorized user for purposes of any applicable computer-fraud and unauthorized-computer-access laws.(f) A custodian may disclose information in an account to a fiduciary of the decedent or settlor when the information is required to terminate an account used to access digital assets licensed to the user.(g) A fiduciary of a decedent or settlor may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by all of the following: (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, a small-estate affidavit under Section 13101, a court order, a certified copy of the trust instrument, or a certification of the trust under Section 18100.5 giving the fiduciary authority over the account.(3) If requested by the custodian, any of the following:(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account.(B) Evidence linking the account to the user.(C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A).Added by Stats 2016 ch 551 (AB 691),s 1, eff. 1/1/2017.