Section 30-515 - 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: (2) the duty of loyalty; and(3) the duty of confidentiality.(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) except as otherwise provided in section 30-504, 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'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'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 the Computer Crimes Act and section 86-2,104.(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 purpose of computer-fraud and unauthorized-computer-access laws, including the Computer Crimes Act and section 86-2,104.(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's account. A request for termination must 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, 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'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 (3)(A) of this subsection.Neb. Rev. Stat. §§ 30-515
Added by Laws 2016, LB 829,§ 15, eff. 7/21/2016, op. 1/1/2017.