Conn. Gen. Stat. § 45a-334c

Current with legislation from the 2024 Regular and Special Sessions.

Section 45a-334c - Definitions

As used in sections 45a-334b to 45a-334s, inclusive:

(1) "Account" 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;

(2) "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney;

(3) "Carries" means engages in the transmission of an electronic communication;

(4) "Catalogue of electronic communications" 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;

(5) "Conservator" means a person appointed by a court to manage the estate of a living individual. "Conservator" includes a limited conservator;

(6) "Content of an electronic communication" or "content of electronic communications" means information concerning the substance or meaning of the communication which:

(A) Has been sent or received by a user;

(B) Is stored in electronic form by a custodian providing an electronic-communication service to the public or is carried or maintained by a remote-computing service to the public; and

(C) Is not readily accessible to the public;

(7) "Court" means a court of competent jurisdiction, including, but not limited to, the Probate Court or the Superior Court. A judge of the Probate Court or the Superior Court shall be deemed a judge of competent jurisdiction for the purposes of 18 USC 2510(9), as amended from time to time, with respect to an order issued under any provision of sections 45a-334b to 45a-334s, inclusive;

(8) "Custodian" means a person that carries, maintains, processes, receives or stores a digital asset of a user;

(9) "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user;

(10) "Digital asset" means an electronic record in which an individual has a right or interest. "Digital asset" does not include an underlying asset or liability unless the asset or liability is itself an electronic record;

(11) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;

(12) "Electronic communication" has the meaning set forth in 18 USC 2510(12), as amended from time to time;

(13) "Electronic-communication service" means a custodian that provides to a user the ability to send or receive an electronic communication;

(14) "Fiduciary" means an original, additional or successor executor, conservator, agent or trustee;

(15) "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases or the like;

(16) "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 the user, to provide directions for disclosure or nondisclosure of digital assets to a third person;

(17) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity;

(18) "Executor" means an executor, administrator, special administrator, temporary administrator of an estate or any person that performs substantially the same functions as such executor, administrator, special administrator or temporary administrator under the laws of this state, other than sections 45a-334b to 45a-334s, inclusive;

(19) "Power of attorney" means a record that grants an agent authority to act in the place of a principal;

(20) "Principal" means an individual who grants authority to an agent in a power of attorney;

(21) "Conserved person" means an individual for whom a conservator has been appointed. "Conserved person" includes a respondent, as defined in section 45a-644, for whom an application for the appointment of a conservator is pending;

(22) "Record" 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;

(23) "Remote-computing service" 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 USC 2510(14), as amended from time to time;

(24) "Terms-of-service agreement" means an agreement that controls the relationship between a custodian and a user;

(25) "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. "Trustee" includes a successor trustee;

(26) "User" means a person that has an account with a custodian; and

(27) "Will" includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument.

Conn. Gen. Stat. § 45a-334c

( P.A. 16-145, S. 2.)

Added by P.A. 16-0145, S. 2 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.