1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3778 By: Duel
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6 AS INTRODUCED
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7 An Act relating to digital assets; creating the
7 Revised Uniform Fiduciary Access to Digital Assets
8 Act; defining terms; clarifying applicability of act;
8 permitting user to use online tool to direct
9 custodian to disclose or not disclose certain digital
9 assets; providing procedure if online tool not used;
10 establishing that user's direction overrides certain
10 contrary terms-of-service agreement; clarifying that
11 act does not impair certain right; clarifying that
11 act does not expand nor give certain rights;
12 permitting modification or elimination of certain
12 access; permitting custodian grant certain access;
13 permitting custodian to provide certain copy of
13 digital asset; permitting reasonable administrative
14 charge; specifying that custodian need not disclose
14 certain digital asset; permitting custodian to not
15 disclose certain digital assets that impose undue
15 burden; permitting seeking of certain court order;
16 directing that custodian make certain disclosures to
16 personal representative of the estate of the user;
17 directing custodian make certain disclosures of
17 catalogue of electronic communications to personal
18 representative; directing custodian make certain
18 disclosures of electronic communications to agent;
19 directing custodian make certain disclosure of
19 catalogue of electronic communications to certain
20 agents with certain authority; directing that
20 custodian make certain disclosures to trustee;
21 permitting court to grant access to conservator of
21 certain digital assets; directing custodian to make
22 certain disclosures of electronic communications to
22 conservator; permitting conservator with general
23 authority to suspend or terminate certain accounts
23 for good cause; establishing legal duties of
24 fiduciary charged with management of digital assets;
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 1 clarifying authority of fiduciary or designated
1 recipient's authority; permitting fiduciary with
2 certain authority certain right of access to certain
2 digital assets; clarifying that fiduciary acting
3 within certain scope is an authorized user;
3 permitting custodian to disclose certain information
4 to fiduciary when necessary to terminate certain
4 account; permitting fiduciary to request termination
5 of user's account; directing that custodian comply
5 with request within time frame; permitting fiduciary
6 or designated recipient to seek court order;
6 directing that order must not violate certain federal
7 law; permitting custodian to notify user of certain
7 requests; permitting custodian to deny certain
8 requests; clarifying that act does not limit certain
8 abilities of custodian; limiting liability; directing
9 for certain consideration in application of act;
9 clarifying that act modifies, limits, or supersedes
10 certain law; providing for severability; providing
10 for codification; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 3101 of Title 58, unless there
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16 is created a duplication in numbering, reads as follows:
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17 This act shall be known and may be cited as the "Revised Uniform
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18 Fiduciary Access to Digital Assets Act".
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19 SECTION 2. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 3102 of Title 58, unless there
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21 is created a duplication in numbering, reads as follows:
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22 As used in this act:
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23 1. "Account" means an arrangement under a terms-of-service
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24 agreement in which a custodian carries, maintains, processes,
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 1 receives, or stores a digital asset of the user or provides goods or
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2 services to the user;
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3 2. "Agent" means an attorney-in-fact granted authority under a
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4 durable or nondurable power of attorney;
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5 3. "Carries" means engages in the transmission of an electronic
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6 communication;
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7 4. "Catalogue of electronic communications" means information
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8 that identifies each person with which a user has had an electronic
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9 communication, the time and date of the communication, and the
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10 electronic address of the person;
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11 5. "Conservator" means a person appointed by a court to manage
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12 the estate of a living individual. The term includes a limited
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13 conservator;
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14 6. "Content of an electronic communication" means information
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15 concerning the substance or meaning of the communication which:
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16 a. has been sent or received by a user,
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17 b. is in electronic storage by a custodian providing an
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18 electronic-communication service to the public or is
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19 carried or maintained by a custodian providing a
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20 remote-computing service to the public, and
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21 c. is not readily accessible to the public;
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22 7. "Court" means the court of proper jurisdiction;
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23 8. "Custodian" means a person who carries, maintains,
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24 processes, receives, or stores a digital asset of a user;
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 1 9. "Designated recipient" means a person chosen by a user using
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2 an online tool to administer digital assets of the user;
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3 10. "Digital asset" means an electronic record in which an
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4 individual has a right or interest. The term does not include an
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5 underlying asset or liability unless the asset or liability is
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6 itself an electronic record;
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7 11. "Electronic" means relating to technology having
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8 electrical, digital, magnetic, wireless, optical, electromagnetic,
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9 or similar capabilities;
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10 12. "Electronic communication" has the meaning set forth in 18
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11 U.S.C., Section 2510(12);
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12 13. "Electronic-communication service" means a custodian that
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13 provides a user the ability to send or receive an electronic
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14 communication;
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15 14. "Fiduciary" means an original, additional, or successor
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16 personal representative, conservator, agent, or trustee;
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17 15. "Information" means data, text, images, videos, sounds,
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18 codes, computer programs, software, databases, or the like;
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19 16. "Online tool" means an electronic service provided by a
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20 custodian that allows the user, in an agreement distinct from the
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21 terms-of-service agreement between the custodian and user, to
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22 provide directions for disclosure or nondisclosure of digital assets
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23 to a third person;
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 1 17. "Person" means an individual, estate, business or nonprofit
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2 entity, public corporation, government or governmental subdivision,
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3 agency, or instrumentality, or other legal entity;
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4 18. "Personal representative" means an executor, administrator,
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5 special administrator, or person that performs substantially the
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6 same function under the laws of this state other than this act;
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7 19. "Power of attorney" means a record that grants an agent
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8 authority to act in the place of a principal;
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9 20. "Principal" means an individual who grants authority to an
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10 agent in a power of attorney;
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11 21. "Protected person" means an individual for whom a
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12 conservator has been appointed. The term includes an individual for
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13 whom an application for the appointment of a conservator is pending;
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14 22. "Record" means information that is inscribed on a tangible
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15 medium or that is stored in an electronic or other medium and is
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16 retrievable in perceivable form;
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17 23. "Remote-computing service" means a custodian that provides
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18 to a user computer processing services or the storage of digital
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19 assets by means of an electronic communications system, as defined
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20 in 18 U.S.C., Section 2510(14);
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21 24. "Terms-of-service agreement" means an agreement that
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22 controls the relationship between a user and a custodian;
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 1 25. "Trustee" means a fiduciary with legal title to property
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2 under an agreement or declaration that creates a beneficial interest
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3 in another. The term includes a successor trustee;
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4 26. "User" means a person who has an account with a custodian;
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5 and
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6 27. "Will" includes a codicil, testamentary instrument that
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7 only appoints an executor, and instrument that revokes or revises a
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8 testamentary instrument.
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9 SECTION 3. NEW LAW A new section of law to be codified
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10 in the Oklahoma Statutes as Section 3103 of Title 58, unless there
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11 is created a duplication in numbering, reads as follows:
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12 A. This act applies to:
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13 1. A fiduciary acting under a will or power of attorney
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14 executed before, on, or after November 1, 2024;
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15 2. A personal representative acting for a decedent who died
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16 before, on, or after November 1, 2024;
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17 3. A conservatorship proceeding commenced before, on, or after
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18 November 1, 2024; and
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19 4. A trustee acting under a trust created before, on, or after
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20 November 1, 2024.
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21 B. This act applies to a custodian if the user resides in this
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22 state or resided in this state at the time of the user's death.
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 1 C. This act does not apply to a digital asset of an employer
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2 used by an employee in the ordinary course of the employer's
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3 business.
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4 SECTION 4. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 3104 of Title 58, unless there
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6 is created a duplication in numbering, reads as follows:
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7 A. A user may use an online tool to direct the custodian to
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8 disclose to a designated recipient or not to disclose some or all of
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9 the user's digital assets, including the content of electronic
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10 communications. If the online tool allows the user to modify or
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11 delete a direction at all times, a direction regarding disclosure
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12 using an online tool overrides a contrary direction by the user in a
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13 will, trust, power of attorney, or other record.
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14 B. If a user has not used an online tool to give direction
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15 under subsection A of this section or if the custodian has not
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16 provided an online tool, the user may allow or prohibit in a will,
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17 trust, power of attorney, or other record, disclosure to a fiduciary
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18 of some or all of the user's digital assets, including the content
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19 of electronic communications sent or received by the user.
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20 C. A user's direction under subsection A or B of this section
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21 overrides a contrary provision in a terms-of-service agreement that
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22 does not require the user to act affirmatively and distinctly from
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23 the user's assent to the terms of service.
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 1 SECTION 5. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 3105 of Title 58, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. This act does not change or impair a right of a custodian or
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5 a user under a terms-of-service agreement to access and use digital
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6 assets of the user.
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7 B. This act does not give a fiduciary or designated recipient
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8 any new or expanded rights other than those held by the user for
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9 whom, or for whose estate, the fiduciary or designated recipient
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10 acts or represents.
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11 C. A fiduciary's or designated recipient's access to digital
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12 assets may be modified or eliminated by a user, by federal law, or
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13 by a terms-of-service agreement if the user has not provided
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14 direction under Section 4 of this act.
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15 SECTION 6. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 3106 of Title 58, unless there
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17 is created a duplication in numbering, reads as follows:
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18 A. When disclosing digital assets of a user under this act, the
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19 custodian may, at its sole discretion:
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20 1. Grant a fiduciary or designated recipient full access to the
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21 user's account;
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22 2. Grant a fiduciary or designated recipient partial access to
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23 the user's account sufficient to perform the tasks with which the
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24 fiduciary or designated recipient is charged; or
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 1 3. Provide a fiduciary or designated recipient a copy of a
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2 record of any digital asset that, on the date the custodian received
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3 the request for disclosure, the user could have accessed if the user
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4 were alive and had full capacity and access to the account.
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5 B. A custodian may assess a reasonable administrative charge
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6 for the cost of disclosing digital assets under this act.
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7 C. A custodian need not disclose under this act a digital asset
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8 deleted by a user.
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9 D. If a user directs or a fiduciary requests a custodian to
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10 disclose under this act some, but not all, of the user's digital
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11 assets, the custodian need not disclose the assets if segregation of
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12 the assets would impose an undue burden on the custodian. If the
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13 custodian believes the direction or request imposes an undue burden,
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14 the custodian or fiduciary may seek an order from the court to
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15 disclose:
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16 1. A subset limited by date of the user's digital assets;
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17 2. All of the user's digital assets to the fiduciary or
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18 designated recipient;
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19 3. None of the user's digital assets; or
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20 4. All of the user's digital assets to the court for review in
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21 camera.
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22 SECTION 7. NEW LAW A new section of law to be codified
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23 in the Oklahoma Statutes as Section 3107 of Title 58, unless there
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24 is created a duplication in numbering, reads as follows:
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 1 If a deceased user consented or a court directs disclosure of
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2 the contents of electronic communications of the user, the custodian
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3 shall disclose to the personal representative of the estate of the
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4 user the content of an electronic communication sent or received by
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5 the user if the representative gives the custodian:
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6 1. A written request for disclosure in physical or electronic
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7 form;
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8 2. A certified copy of the death certificate of the user;
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9 3. A certified copy of the letter of appointment of the
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10 representative or a small-estate affidavit or court order;
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11 4. Unless the user provided direction using an online tool, a
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12 copy of the user's will, trust, power of attorney, or other record
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13 evidencing the user's consent to disclosure of the content of
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14 electronic communications; and
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15 5. If requested by the custodian:
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16 a. a number, username, address, or other unique
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17 subscriber or account identifier assigned by the
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18 custodian to identify the user's account,
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19 b. evidence linking the account to the user, or
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20 c. a finding by the court that: