As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 417, Pt. A, §107 (NEW).]
1. Account. “Account” means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of a user or provides goods or services to a user.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

will 560x170

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Maine Revised Statutes Title 18-C Sec. 10-102

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Agent. “Agent” means an attorney in fact granted authority under a durable or nondurable power of attorney.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

3. Carries. “Carries” means engages in the transmission of an electronic communication.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

4. Catalog of electronic communications. “Catalog 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.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

5. Conservator. “Conservator” means a person appointed by a court to manage the estate of a living individual. “Conservator” includes a limited conservator and a guardian exercising the powers of a conservator when a conservator has not been appointed.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

6. Content of an electronic communication. “Content of an electronic communication” means information concerning the substance or meaning of an electronic communication that:
A. Has been sent or received by a user; [PL 2019, c. 417, Pt. A, §107 (NEW).]
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 [PL 2019, c. 417, Pt. A, §107 (NEW).]
C. Is not readily accessible to the public. [PL 2019, c. 417, Pt. A, §107 (NEW).]

[PL 2019, c. 417, Pt. A, §107 (NEW).]

7. Custodian. “Custodian” means a person that carries, maintains, processes, receives or stores a digital asset of a user.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

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

[PL 2019, c. 417, Pt. A, §107 (NEW).]

9. Digital asset. “Digital asset” means an electronic record in which an individual has a right or interest. “Digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

10. Electronic. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

11. Electronic communication “Electronic communication” has the same meaning as in 18 United States Code § 2510(12).

[PL 2019, c. 417, Pt. A, §107 (NEW).]

12. Electronic communication service. “Electronic communication service” means a service that provides to a user the ability to send or receive an electronic communication.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

13. Fiduciary. “Fiduciary” means an original, additional or successor personal representative, conservator, agent or trustee.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

14. Information. “Information” means data, text, images, videos, sounds, codes, computer programs, software and databases or the like.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

15. Online tool. “Online tool” means an electronic service provided by a custodian that allows a 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 3rd person.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

16. Person. “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

17. Personal representative. “Personal representative” means an executor, administrator, special administrator or person that performs substantially the same function under the laws of this State other than this Act and a person claiming to be a successor of the decedent user who presents an affidavit under section 3?1201.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

18. Power of attorney. “Power of attorney” means a record that grants an agent authority to act in the place of a principal.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

19. Principal. “Principal” means an individual who grants authority to an agent in a power of attorney.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

20. Protected person. “Protected person” means an individual for whom a conservator has been appointed. “Protected person” includes an individual for whom an application for the appointment of a conservator is pending and an individual for whom a guardian has been appointed, when no conservator has been appointed.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

21. Record. “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.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

22. Remote computing service. “Remote computing service” means a service 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 United States Code § 2510(14).

[PL 2019, c. 417, Pt. A, §107 (NEW).]

23. Terms of service agreement. “Terms of service agreement” means an agreement, as defined in Title 11, section 1-1201, subsection (3), that controls the relationship between a user and a custodian.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

24. Trustee. “Trustee” means a fiduciary with legal title to property pursuant to an agreement or declaration that creates a beneficial interest in another person. “Trustee” includes a successor trustee.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

25. User. “User” means a person that has an account with a custodian.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

26. Will. “Will” includes a codicil, a testamentary instrument that only appoints an executor and an instrument that revokes or revises a testamentary instrument.

[PL 2019, c. 417, Pt. A, §107 (NEW).]

SECTION HISTORY

PL 2019, c. 417, Pt. A, §107 (NEW).
  Previous section
Next section  
 Article 10 Contents