New Mexico § 46-13-2 - Definitions

§ 46-13-2. Definitions

As used in the Revised Uniform Fiduciary Access to Digital Assets Act: A. “ account ” means 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; B. “ agent ” means an attorney-in-fact granted authority under a durable or nondurable power

of attorney; C. “ carries ” means engages in the transmission of an electronic communication; D. “ 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; E. “ conservator ” means a person appointed by a court to manage the estate of a living individual. The term includes a limited conservator; F. “ content of an electronic communication ” means information concerning the substance or meaning of the communication that: (1) has been sent or received by a user; (2) 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 (3) is not readily accessible to the public; G. “ court ” means the district court; H. “ custodian ” means a person that carries, maintains, processes, receives or stores a digital

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

of the user; J. “ 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; K. “ electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical,

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

communication; N. “ fiduciary ” means an original, additional or successor personal representative, conservator,

agent or trustee; O. “ information ” means data, text, images, videos, sounds, codes, computer programs, software, databases

or the like; P. “ 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; Q. “ person ” means an individual, estate, partnership, association, trust, business or nonprofit

entity, public corporation, government or governmental subdivision, agency or instrumentality

or other legal or commercial entity; R. “ personal representative ” means an executor, administrator, special administrator or person that performs

substantially the same function under law of this state other than the Revised Uniform

Fiduciary Access to Digital Assets Act; S. “ power of attorney ” means a record that grants an agent authority to act in the place of a principal; T. “ principal ” means an individual who grants authority to an agent in a power of attorney; U. “ protected person ” means an individual for whom a conservator has been appointed. The term includes an individual for whom an application for the appointment of a

conservator is pending; V. “ 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; W. “ 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. Section 2510(14) , as amended; X. “ terms-of-service agreement ” means an agreement that controls the relationship between a user and a custodian; Y. “ trustee ” means a fiduciary with legal title to property under an agreement or declaration

that creates a beneficial interest in another. The term includes a successor trustee; Z. “ user ” means a person that has an account with a custodian; and AA. “ will ” includes a codicil, testamentary instrument that only appoints an executor and instrument

that revokes or revises a testamentary instrument.