Section 13.63.120 - 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 (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 AS 13.63.010, 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 agreement.(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including AS 11.46.200, 11.46.484 (a)(3), and 11.46.740.(e) A fiduciary with authority over the tangible personal property of a decedent, protected 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 AS 11.46.200, 11.46.484 (a)(3), and 11.46.740.(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 certified copy of the death certificate of the user;(2) a certified copy of the letters testamentary of the personal representative, the superior court order, the power of attorney, or the trust instrument 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 superior court that the user had a specific account with the custodian, identifiable by the information specified in (A) of this paragraph.Added by SLA 2017, ch. 18,sec. 2, eff. 8/25/2017.