Synopsis As Introduced Creates the Revised Uniform Fiduciary Access to Digital Assets Act (2015). Defines terms. Provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries of the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Adds provisions concerning: applicability; user direction for disclosure of digital assets; terms-of-service agreements; fiduciary duty and authority; custodian compliance and immunity; the Act's relation to federal laws governing electronic signatures; and severability. Makes corresponding changes in the Criminal Code of 2012.
House Committee Amendment No. 1 Adds references to designated recipients in provisions governing user direction for disclosure of digital assets; terms of service agreements; and fiduciary duty and authority. Makes a corresponding change. Updates a cross-reference in a Section concerning custodian compliance and immunity.
House Floor Amendment No. 2 Changes the definition of "online tool". Makes changes in provisions concerning: disclosure of content of electronic communications of a deceased user; disclosure of content of electronic communications of a person with a disability; fiduciary power and authority; and custodian compliance and authority. Adds an immediate effective date.
Senate Floor Amendment No. 1 In provisions concerning the disclosure of certain electronic communications of a deceased user, permits a custodian to request, among other things, a finding by the court that the user had a specific account with the custodian, identifiable by specified information.