15.   Fiduciary and Designated Recipient Duty and Authority.

   a.   The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
 
   (1)   the duty of care;
 
   (2)   the duty of loyalty; and
 
   (3)   the duty of confidentiality.
 
   b.   A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
 
   (1)   except as otherwise provided in section 4 of this act, is subject to the applicable terms of service;
 
   (2)   is subject to other applicable law, including copyright law;
 
   (3)   in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
 
   (4)   may not be used to impersonate the user.
 
   c.   A fiduciary with authority over the property of a decedent, incapacitated person, principal, or settlor has the right to access any digital asset in which the decedent, incapacitated person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
 
   d.   A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, incapacitated person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2.
 
   e.   A fiduciary with authority over the tangible, personal property of a decedent, incapacitated person, principal, or settlor:
 
   (1)   has the right to access the property and any digital asset stored in it; and
 
   (2)   is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2.
 
   f.   A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
 
   g.   A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
 
   (1)   if the user is deceased, a copy of the death certificate of the user;
 
   (2)   a copy of the letters testamentary or letters of administration, court order, power of attorney, or trust giving the fiduciary authority over the account; and
 
   (3)   if requested by the custodian:
 
   (a)   a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
 
   (b)   evidence linking the account to the user; or
 
   (c)   a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (a) of this paragraph.
 
   L.2017, c.237, s.15.