Section 36F-2 - DefinitionsThe following definitions apply in this Chapter:
(1) Account. - 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. - An attorney-in-fact granted authority under a durable or nondurable power of attorney.(3) Carries. - Engages in the transmission of an electronic communication.(4) Catalogue of electronic communications. - 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.(6) Content of an electronic communication. - Information concerning the substance or meaning of the communication which meets all of the following: a. Has been sent or received by a user.b. 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.c. Is not readily accessible to the public.(7) Court. - The clerk of superior court or superior court judge, as provided in G.S. 1-7, or other court having competent jurisdiction over the estate, trust, fiduciary, or user, as applicable, or other matters relating to the content of this Chapter.(8) Custodian. - A person that carries, maintains, processes, receives, or stores a digital asset of a user.(9) Designated recipient. - A person chosen by a user using an online tool to administer digital assets of the user.(10) Digital asset. - An electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.(11) Electronic. - Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.(12) Electronic communication. - Has the meaning set forth in 18 U.S.C. § 2510(12).(13) Electronic-communication service. - A custodian that provides to a user the ability to send or receive an electronic communication.(14) Fiduciary. - An original, additional, or successor personal representative, guardian, agent, or trustee.(14a) Guardian. - A person appointed by a court to manage the estate of a living individual. The term includes a general guardian, a guardian of the estate, an interim guardian, and a standby guardian appointed under Chapter 35A of the General Statutes.(15) Information. - Data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.(16) Online tool. - 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.(17) Person. - An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, business trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity.(18) Personal representative. - An executor, administrator, special administrator, or person that performs substantially the same function under a law of this State other than this Chapter.(19) Power of attorney. - A record that grants an agent authority to act in the place of a principal.(20) Principal. - An individual who grants authority to an agent in a power of attorney.(22) Record. - 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. - 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).(24) Terms-of-service agreement. - An agreement that controls the relationship between a user and a custodian.(25) Trustee. - A fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes an original, additional, and successor trustee, whether or not confirmed by a court.(26) User. - A person that has an account with a custodian.(26a) Ward. - An individual for whom a guardian has been appointed. The term includes an individual for whom an application for the appointment of a guardian is pending.(27) Will. - Includes a codicil, a testamentary instrument that only appoints an executor, and an instrument that revokes or revises a testamentary instrument.Amended by 2017 N.C. Sess. Laws 102,s. 12.1-a, eff. 7/12/2017.Added by 2016 N.C. Sess. Laws 53,s. 1, eff. 6/30/2016.