(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(4) A fiduciary's authority with respect to a digital asset of a user: except as otherwise provided in § 28-75-104, is subject to the applicable terms of service;
(5) is subject to other applicable law, including copyright law;
(6) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(7) may not be used to impersonate the user.
(8) A fiduciary with authority over the property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(9) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws.
(10) A fiduciary with authority over the tangible, personal property of a decedent, ward, principal, or settlor: has the right to access the property and any digital asset stored in it; and
(11) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws.
(12) 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.
(13) 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: if the user is deceased, a certified copy of the death certificate of the user;
(14) a certified copy of the Letters Testamentary, Letters of Administration, small-estate affidavit or court order, power of attorney, trust, or court order giving the fiduciary authority over the account; and
(15) if requested by the custodian: a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(16) evidence linking the account to the user; or
(17) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (3)(A).