§ 15-601. Definitions
West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2016
Effective: October 1, 2016
MD Code, Estates and Trusts, § 15-601
§ 15-601. Definitions
(b) “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 the user.
(e) “Catalogue of electronic communications” means information that identifies:
(f) “Content of an electronic communication” means information concerning the substance or meaning of a communication that:
(g) “Custodian” means a person who carries, maintains, processes, receives, or stores a digital asset of an account holder.
(h) “Designated recipient” means a person chosen by a user using an online tool to administer the digital assets of the user.
(i)(1) “Digital asset” means an electronic record in which an individual has a right or interest.
(j) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(k) “Electronic communication” has the meaning stated in 18 U.S.C. § 2510(12).
(l) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.
(m) “Fiduciary” means an original, additional, or successor personal representative, guardian, agent, or trustee.
(n)(1) “Guardian” means a guardian of the property appointed by a court under Title 13, Subtitle 2 of this article to manage the property of a disabled person or minor or a guardian of the person appointed by a court under Title 13, Subtitle 7 of this article, according to the context in which it is used.
(o) “Information” means data, text, images, videos, sounds, codes, computer programs, software, or databases.
(p) “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 the user, to provide directions for disclosure or nondisclosure of digital assets to a third party.
(q) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity.
(r) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under a law of this State other than this subtitle.
(u)(1) “Protected person” means an individual for whom a guardian has been appointed.
(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 who 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).
(x) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian.
(y)(1) “Trustee” means a fiduciary with legal title to property under an agreement or a declaration that creates a beneficial interest in another.
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-601, MD EST & TRST § 15-601
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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