|
19-1A-15
Section 19-1A-15 (Effective January 1, 2018) Fiduciary 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 a designated recipient's authority with respect to
a digital asset of a user: (1) except as otherwise provided in Section 19-1A-4, 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, protected person, principal, or settlor has the right to access any digital
asset in which the decedent, protected person, principal, or settlor had a right or interest
and that is not held by a custodian or subject to a terms-of-service...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-1A-15.htm - 3K - Match Info - Similar pages
19-1A-2
Section 19-1A-2 (Effective January 1, 2018) Definitions. In this chapter, the following terms
have the following meanings: (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. (2) "Agent" means a
person granted authority to act for a principal under a power of attorney, whether denoted
an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor
agent, and person to which an agent's authority is delegated. (3) "Carries" means
engages in the transmission of an electronic communication. (4) "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. (5) "Conservator" means a person appointed by a court to manage the
estate of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-1A-2.htm - 5K - Match Info - Similar pages
19-1A-14
Section 19-1A-14 (Effective January 1, 2018) Disclosure of digital assets to conservator of
protected person. (a) After an opportunity for a hearing, the court may grant a conservator
access to the digital assets of a protected person. (b) Unless otherwise ordered by the court
or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic
communications sent or received by a protected person and any digital assets, other than the
content of electronic communications, in which the protected person has a right or interest
if the conservator gives the custodian: (1) a written request for disclosure in physical or
electronic form; (2) a copy of the court order that gives the conservator authority over the
digital assets of the protected person; 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 account of the protected person; or (B) evidence...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-1A-14.htm - 1K - Match Info - Similar pages
11-50B-2
Section 11-50B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADVANCED TELECOMMUNICATIONS CAPABILITY. Without regard to any transmission media
or technology, high-speed, switched, broadband telecommunications capability that enables
users to originate and receive high-quality voice, data, graphics, and video telecommunications
using any technology. (2) ADVANCED TELECOMMUNICATIONS SERVICE. Without regard to any transmission
media or technology, the provision of high-speed, switched, broadband telecommunications capability
that enables users to originate and receive high-quality voice, data, graphics, and video
telecommunications using any technology. (3) ALARM MONITORING SERVICE. A service that uses
a device located at a residence, place of business, or other fixed premises for both of the
following purposes: a. To receive signals from other devices located at or about such premises
regarding a possible threat at the premises to life,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50B-2.htm - 7K - Match Info - Similar pages
38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-2.htm - 11K - Match Info - Similar pages
16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-44B-1.htm - 46K - Match Info - Similar pages
19-1A-6
Section 19-1A-6 (Effective January 1, 2018) Procedure for disclosing digital assets. (a) When
disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:
(1) grant a fiduciary or designated recipient full access to the user's account; (2) grant
a fiduciary or designated recipient partial access to the user's account sufficient to perform
the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary
or designated recipient a copy in a record of any digital asset that, on the date the custodian
received the request for disclosure, the user could have accessed if the user were alive and
had full capacity and access to the account. (b) A custodian may assess a reasonable administrative
charge for the cost of disclosing digital assets under this chapter. (c) A custodian need
not disclose under this chapter a digital asset deleted by a user. (d) If a user directs or
a fiduciary requests a custodian to disclose under...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-1A-6.htm - 1K - Match Info - Similar pages
19-1A-5
Section 19-1A-5 (Effective January 1, 2018) Terms-of-service agreement. (a) This chapter does
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. (b) This chapter does not give a fiduciary or designated
recipient any new or expanded rights other than those held by the user for whom, or for whose
estate, the fiduciary or designated recipient acts or represents. (c) A fiduciary's or a designated
recipient's access to digital assets may be modified or eliminated by a user, by federal law,
or by a terms-of-service agreement if the user has not provided direction under Section 19-1A-4.
(Act 2017-316, ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-1A-5.htm - 1016 bytes - Match Info - Similar pages
19-1A-16
Section 19-1A-16 (Effective January 1, 2018) Custodian compliance and immunity. (a) Not later
than 60 days after receipt of the information required under Sections 19-1A-7 to 19-1A-15,
inclusive, a custodian shall comply with a request under this chapter 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, and such other relief allowed under the law of this state. (b) An order
under subsection (a) directing compliance must contain a finding that compliance is not in
violation of 18 U.S.C. Section 2702, as amended. (c) A custodian may notify the user that
a request for disclosure or to terminate an account was made under this chapter. (d) A custodian
may deny a request under this chapter from a fiduciary or designated recipient for disclosure
of digital assets or to terminate an account if the custodian is aware of any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-1A-16.htm - 2K - Match Info - Similar pages
13A-8-111
Section 13A-8-111 Definitions. As used in this article, the following terms shall have the
following meanings: (1) ACCESS. To gain entry to, instruct, communicate with, store data in,
retrieve or intercept data from, alter data or computer software in, or otherwise make use
of any resource of a computer, computer system, or computer network. (2) COMPUTER. An electronic,
magnetic, optical, electrochemical, or other high speed data processing device or system that
performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic
impulses and includes all input, output, processing, storage, or communication facilities
that are connected or related to the device. (3) COMPUTER NETWORK. The interconnection of
two or more computers or computer systems that transmit data over communication circuits connecting
them. (4) COMPUTER PROGRAM. An ordered set of data representing coded instructions or statements
that when executed by a computer cause the computer to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-111.htm - 7K - Match Info - Similar pages
|