Untitled section

472.415 , is subject to the applicable terms-of-service agreement;   (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.   3.  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.   4.  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 Missouri law on unauthorized computer access.   5.  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 Missouri law on unauthorized computer access.   6.  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.   7.  A fiduciary of a user may request a custodian to terminate the user's account.  A request for termination shall 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 letter of testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small-estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and   (3)  If requested by the custodian for the purpose of identifying the correct account of the correct user:   (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 paragraph (a) of this subdivision. ­­-------- (L. 2018 H.B. 1250)

---- end of effective  28 Aug 2018 ---- use this link to bookmark section  472.470

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