Section 880 - [Effective 1/1/2025] 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) 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)(1) 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 that is not held by a custodian or subject to a terms-of-service agreement.(2) This subdivision does not require 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, conservatee, principal, 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, conservatee, principal, or settlor:(1)(A) The fiduciary has the right to access the property and any digital asset stored in it.(B) This subdivision does not require 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 user if the information is required to terminate an account used to access digital assets licensed to the user.(g) A fiduciary of a user, or an affiant acting under Section 13101 with respect to a deceased user, 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)(A) If the user is deceased, a certified copy of the death certificate of the user.(B) If the user is a conservatee, a court order authorizing the conservator to request termination of the user's account.(2) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, a court order, a power of attorney, 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).Amended by Stats 2024 ch 799 (SB 1458),s 6, eff. 1/1/2025.Added by Stats 2016 ch 551 (AB 691),s 1, eff. 1/1/2017.This section is set out more than once due to postponed, multiple, or conflicting amendments.