As used in this chapter:
(1) “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.
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Terms Used In Idaho Code 15-14-102

  • 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. See Idaho Code 15-14-102
  • Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Idaho Code 15-14-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Carries: means engages in the transmission of an electronic communication. See Idaho Code 15-14-102
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Conservator: means a person appointed by a court to manage the estate of a living individual. See Idaho Code 15-14-102
  • 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.
  • Court: means the court in this state having jurisdiction in matters relating to the content of this chapter. See Idaho Code 15-14-102
  • Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Idaho Code 15-14-102
  • Digital asset: means an electronic record in which an individual has a right or interest. See Idaho Code 15-14-102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Idaho Code 15-14-102
  • Electronic communication: has the meaning set forth in 18 U. See Idaho Code 15-14-102
  • Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Idaho Code 15-14-102
  • Executor: A male person named in a will to carry out the decedent
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases or the like. See Idaho Code 15-14-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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. See Idaho Code 15-14-102
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity. See Idaho Code 15-14-102
  • 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 chapter. See Idaho Code 15-14-102
  • 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
  • Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Idaho Code 15-14-102
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Idaho Code 15-14-102
  • Property: includes both real and personal property. See Idaho Code 73-114
  • 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. See Idaho Code 15-14-102
  • 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. See Idaho Code 15-14-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Idaho Code 15-14-102
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Idaho Code 15-14-102
  • User: means a person that has an account with a custodian. See Idaho Code 15-14-102
(2) “Agent” means an attorney in fact granted authority under a durable or nondurable power of attorney.
(3) “Carries” means engages in the transmission of an electronic communication.
(4) “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.
(5) “Conservator” means a person appointed by a court to manage the estate of a living individual. The term includes a limited conservator.
(6) “Content of an electronic communication” means information concerning the substance or meaning of the communication that:
(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.
(7) “Court” means the court in this state having jurisdiction in matters relating to the content of this chapter.
(8) “Custodian” means a person that carries, maintains, processes, receives or stores a digital asset of a user.
(9) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user.
(10) “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.
(11) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
(12) “Electronic communication” has the meaning set forth in 18 U.S.C. § 2510(12).
(13) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.
(14) “Fiduciary” means an original, additional or successor personal representative, conservator, agent or trustee.
(15) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases or the like.
(16) “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.
(17) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity.
(18) “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 chapter.
(19) “Power of attorney” means a record that grants an agent authority to act in the place of a principal.
(20) “Principal” means an individual who grants authority to an agent in a power of attorney.
(21) “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.
(22) “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.
(23) “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. § 2510(14).
(24) “Terms of service agreement” means an agreement that controls the relationship between a user and a custodian.
(25) “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.
(26) “User” means a person that has an account with a custodian.
(27) “Will” includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument.