New Jersey § 3b:14-61

§ 3b:14-61.

Definitions. As used in this act: “ Account ” means an arrangement under a terms-of-service in which a custodian carries, maintains,

processes, receives, or stores a digital asset of the user or provides goods or services

to the user. “ Agent ” means an attorney-in-fact granted authority under a durable or nondurable power

of attorney. “ Carries ” means engages in the transmission of an electronic communication. “ 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. “ Content of an electronic communication ” means information concerning the substance or meaning of the communication which: (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; and (c) is not readily accessible to the public. “ Court ” means the Probate Part of the Chancery Division of the Superior Court. For the purposes of this act, “ court ” includes the Surrogate's Court acting within the scope of its authority pursuant

to statute or the Rules of Court. “ Custodian ” means a person that carries, maintains, processes, receives, or stores a digital

asset of a user. “ Designated recipient ” means a person chosen by a user using an online tool to administer digital assets

of the user. “ Digital asset ” means 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. “ Electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical,

electromagnetic, or similar capabilities. “Electronic communication” has the meaning set forth in 18 U.S.C. s.2510(12) . “ Electronic-communication service ” means a custodian that provides to a user the ability to send or receive an electronic

communication. “ Fiduciary ” means an original, additional, or successor personal representative, guardian, agent,

or trustee. “ Guardian ” means a person appointed by the court to make decisions regarding the property of

an incapacitated adult, including a person appointed in accordance with N.J.S.3B:12-1 et seq. or its equivalent in a state other than New Jersey. “ Incapacitated person ” means an incapacitated individual, as defined in N.J.S.3B:1-2 , for whom a guardian has been appointed. “ Information ” means data, text, images, videos, sounds, codes, computer programs, software, databases,

or the like. “ 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 user,

to provide directions for disclosure or nondisclosure of digital assets to a third

person. “ Person ” means an individual, estate, business or nonprofit entity, public corporation, government

or governmental subdivision, agency, or instrumentality, or other legal entity. “ Personal representative ” means an executor, administrator, special administrator, or person that performs

substantially the same function under the law of this State other than this act. “ Power of attorney ” means a written instrument by which an individual known as the principal authorizes

another individual or individuals or a qualified bank within the meaning of section

28 of P.L.1948, c. 67 ( C.17:9A-28 ) known as the attorney-in-fact to perform specified acts on behalf of the principal

as the principal's agent. “ Principal ” means an individual, at least 18 years of age, who, in a power of attorney, authorizes

an agent to act. “ 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. “ 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 U.S.C. s.2510(14) . “ Terms-of-service agreement ” means an agreement that controls the relationship between an account holder and

a custodian. “ Trustee ” means a fiduciary with legal title to property pursuant to an agreement or declaration

that creates a beneficial interest in another. “ Trustee ” includes an original, additional, or successor trustee, whether or not appointed

or confirmed by court. “ User ” means a person that has an account with a custodian. “ Will ” means the last will and testament of a testator or testatrix and includes any codicil

and any testamentary instrument that merely appoints an executor, revokes or revises

another will, nominates a guardian, or expressly excludes or limits the right of a

person or class to succeed to property of the decedent passing by intestate succession.