Definitions. — Guam Code § 5002

§ 5002. Definitions.

In this Act:

COL9222017

ACCESS TO DIGITAL ASSETS ACT

(a) 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.

(b) Agent means an attorney-in-fact granted authority under a

durable or nondurable power of attorney.

(c) Carries means engages in the transmission of an electronic

communication.

(d) Catalogue 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.

(e) Content of an electronic communication means

information concerning the substance or meaning of the

communication which:

(1) has been sent or received by a user;

(2) 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

(3) is not readily accessible to the public.

(f) Court means the Superior Court of Guam or any other

Guam court of competent jurisdiction.

(g) Custodian means a person that carries, maintains,

processes, receives, or stores a digital asset of a user.

(h) Designated recipient means a person chosen by a user

using an online tool to administer digital assets of the user.

(i) 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.

(j) Electronic means relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic, or similar

capabilities.

COL9222017

ACCESS TO DIGITAL ASSETS ACT

(k) Electronic communication has the meaning set forth in 18

U.S.C. § 2510(12), as amended.

(1) 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) Guardian means a person appointed by a court to manage

the estate of a living individual. The term includes a limited

guardian.

(o) Information means data, text, images, videos, sounds,

codes, computer programs, software, databases, or the like.

(p) 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.

(q) Person means an individual, estate, business or nonprofit

entity, public corporation, government or governmental subdivision,

agency, or instrumentality, or other legal entity.

(r) Personal representative means an executor, administrator,

special administrator, or person that performs substantially the same

function under the laws of Guam other than this Act.

(s) Power of attorney means a record that grants an agent

authority to act in the place of a principal.

(t) Principal means an individual who grants authority to an

agent in a power of attorney.

(u) 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.

(v) 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), as amended.

COL9222017

ACCESS TO DIGITAL ASSETS ACT

(w) Terms of service agreement means an agreement that

controls the relationship between a user and a custodian.

(x) 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.

(y) User means a person that has an account with a custodian.

(z) Ward means an individual for whom a guardian has been

appointed. The term includes an individual for whom an application

for the appointment of a guardian is pending.

(aa) Will includes a codicil, testamentary instrument that only

appoints an executor, and instrument that revokes or revises a

testamentary instrument.