Chapter 119 Revised Uniform Fiduciary Access to Digital Assets Act

119.005 [1959 c.419 §§3,4; 1969 c.520 §§24, 24a; 1973 c.344 §2; 1977 c.666 §17; repealed by 1997 c.99 §54]

DEFINITIONS

119.006 Definitions for ORS 119.006 to 119.081

As used in ORS 119.006 to 119.081: “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. “Agent” means a person designated as an agent under a power of attorney in accordance with ORS 127.005 to 127.045. …

119.010 [Amended by 1961 c.456 §1; 1977 c.666 §18; repealed by 1997 c.99 §54]

DISCLOSURE OF DIGITAL ASSETS

119.011 Authority of custodian

When disclosing digital assets of a user under ORS 119.006 to 119.081, the custodian may, in the custodian’s sole discretion: Grant a fiduciary or designated recipient full access to the user’s account; Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recip…

119.015 [1977 c.666 §21; 1979 c.448 §1; repealed by 1997 c.99 §54]

119.016 Use of online tool to direct disclosure

A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary…

119.020 [Amended by 1961 c.456 §2; 1973 c.498 §2; 1977 c.666 §19; 1985 c.761 §2; repealed by 1997 c.99 §54]

119.021 Disclosure of content of electronic communications to personal representative

If a deceased user consented to, or a court directs, disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian: A written request for disclo…

119.022 [1977 c.666 §21b; 1985 c.761 §3; repealed by 1997 c.99 §54]

119.025 [1959 c.419 §2; repealed by 1981 c.705 §8]

119.026 Disclosure of catalog of electronic communications to personal representative

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user if the personal representati…

119.030 [Repealed by 1959 c.419 §13]

119.031 [1959 c.419 §5; 1965 c.357 §1; 1971 c.525 §1; 1977 c.666 §22; repealed by 1997 c.99 §54]

119.032 Disclosure of content of electronic communications to agent designated in power of attorney

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: A written request for disclosure in physical or electronic for…

119.035 [1959 c.419 §6; 1961 c.456 §3; 1971 c.653 §1; 1973 c.793 §2; 1977 c.666 §23; 1987 c.293 §68; repealed by 1997 c.99 §54]

119.036 Disclosure of catalog of electronic communications to agent designated in power of attorney

Unless otherwise ordered by the court, directed by the principal or provided in a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and digital assets, other than the content of elec…

119.037 [1975 c.177 §3; 1979 c.190 §399; repealed by 1997 c.99 §54]

119.040 [Repealed by 1959 c.419 §13]

119.041 [1959 c.419 §7; 1977 c.666 §24; repealed by 1997 c.99 §54]

119.042 Disclosure to trustee who is original user

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications.

119.045 [1959 c.419 §8; 1961 c.456 §4; 1977 c.666 §24a; repealed by 1997 c.99 §54]

119.046 Disclosure of content of electronic communications to trustee who is not original user

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust …

119.050 [Repealed by 1959 c.419 §13]

119.051 [1959 c.419 §9; 1977 c.666 §25; repealed by 1997 c.99 §54]

119.052 Disclosure of catalog of electronic communications to trustee who is not original user

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, ot…

119.055 [1959 c.419 §10; repealed by 1977 c.666 §36]

119.056 Disclosure to conservator; court order

After an opportunity for a hearing, the court may grant a conservator access to the digital assets of a protected person. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to the conservator the catalog of electronic communications sent or received by a protected person and any digital assets, other than the content o…

119.060 [Amended by 1957 c.158 §1; repealed by 1959 c.419 §13]

119.061 [1959 c.419 §11; 1973 c.703 §4; repealed by 1977 c.666 §36]

RIGHTS AND DUTIES OF PARTIES

119.062 Duties and authority of fiduciary

The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: The duty of care; The duty of loyalty; and The duty of confidentiality. A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: Except as otherwise provided in ORS 119.016, is subject …

119.065 [1959 c.419 §12; 1969 c.110 §1; 1977 c.666 §26; 1987 c.646 §7; repealed by 1997 c.99 §54]

119.066 Requests to disclose digital assets or terminate account; custodian’s duty to comply; court order; immunity from liability

Not later than 60 days after receipt of the information required under ORS 119.021 to 119.062, a custodian shall comply with a request from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. A…

119.070 [Amended by 1973 c.254 §10; repealed by 1997 c.99 §54]

119.071 Rights of custodians, users, fiduciaries and designated recipients

ORS 119.006 to 119.081 do not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. ORS 119.006 to 119.081 do not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recip…

119.076 Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the enacting states.

119.080 [Amended by 1959 c.75 §1; 1975 c.593 §5; 1977 c.666 §27; 1982 s.s.1 c.16 §4; repealed by 1997 c.99 §54]

119.081 Effect on other laws

ORS 119.006 to 119.081 modify, limit or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).

119.120 [Amended by 1957 c.159 §1; 1961 c.456 §5; 1971 c.653 §2; 1973 c.254 §11; 1977 c.666 §28; repealed by 1997 c.99 §54]

119.130 [Amended by 1973 c.254 §18; 1975 c.593 §7; repealed by 1977 c.666 §36]

119.140 [Amended by 1961 c.456 §6; 1973 c.254 §19; 1975 c.593 §8; repealed by 1977 c. 666 §36]

119.150 [Amended by 1971 c.567 §11; 1977 c.666 §29; 1977 c.870 §27; 1985 c.85 §7; 1995 c.650 §52; repealed by 1997 c.99 §54]

119.220 [Amended by 1959 c.306 §1; 1973 c.254 §13; 1977 c.666 §30; 1977 c.870 §28; 1985 c.85 §8; 1987 c.758 §6; repealed by 1997 c.99 §54]

119.990 [Amended by 1953 c.703 §1; subsection (4) enacted as 1969 c.209 §1; 1975 c.762 §17; 1979 c.690 §8; 1981 c.724 §7; repealed by 1997 c.99 §54]

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