CHAPTER 711
DIGITAL PROPERTY
711.02 Liberal construction. 711.04 Priorities; user directions for disclosure of digital property. 711.05 Disclosure of digital property; personal representative of a deceased user. 711.06 Disclosure of digital property; agent under a power of attorney. 711.07 Disclosure of digital property held in trust. 711.08 Disclosure of digital property; conservator or guardian of protected person. 711.09 Choice of methods for disclosing digital property; custodian. 711.10 Custodian compliance and immunity. 711.11 Terms of service agreement. 711.12 Fiduciary duty and authority. 711.13 Marital property classification of digital property. 711.14 Uniformity of application and construction. 711.15 Relation to Electronic Signatures in Global and National Commerce Act. 711.01711.01 Short title. This chapter may be cited as the Wisconsin Digital Property Act. 711.01 HistoryHistory: 2015 a. 300. 711.02711.02 Liberal construction. This chapter is remedial in nature and shall be liberally construed, consistent with s. 711.14. 711.02 HistoryHistory: 2015 a. 300. 711.03711.03 Definitions. In this chapter: 711.03(1)(1) “Account” means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a user’s digital property or provides goods or services to the user. 711.03(2)(2) “Agent” means a person granted authority to act under a durable or nondurable power of attorney. 711.03(3)(3) “Carries” means engages in the transmission of an electronic communication. 711.03(4)(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. 711.03(4m)(4m) “Consent instrument” means a written notarized document in physical or electronic form evidencing the user’s consent to the disclosure of the contents of electronic communications to a then acting fiduciary. 711.03(5)(5) “Conservator” means a person appointed under s. 54.76 to manage the estate of a living individual. 711.03(6)(6) “Content of an electronic communication” means information concerning the substance or meaning of a communication that satisfies all of the following: 711.03(6)(a)(a) The information was sent or received by a user. 711.03(6)(b)(b) The information is electronically stored by a custodian that provides an electronic communication service to the public or is carried or maintained by a custodian that provides a remote computing service to the public. 711.03(6)(c)(c) The information is not readily accessible to the public. 711.03(7)(7) “Court” means the circuit court having jurisdiction over a matter related to this chapter. 711.03(8)(8) “Custodian” means a person that carries, maintains, processes, receives, or stores a user’s digital property. 711.03(9)(9) “Designated recipient” means a person chosen by the user using an online tool to administer the user’s digital property. 711.03(10)(10) “Digital property” means an electronic record in which a person has a right or interest. “Digital property” does not include underlying property or an underlying liability unless the property or liability is itself an electronic record. 711.03(11)(11) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 711.03(13)(13) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication. 711.03(14)(14) “Fiduciary” means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. 711.03(17)(17) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. 711.03(18)(18) “Online tool” means a setting provided by a custodian that allows the user, by an agreement between the custodian and user that is distinct from the user’s assent to the terms of service, to provide directions for disclosure or nondisclosure of digital property to a designated recipient. 711.03(19)(19) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. 711.03(20)(20) “Personal representative” has the meaning given in s. 851.23, but also includes a special administrator and any person who, under the laws of this state other than this chapter, performs functions substantially similar to a personal representative, as defined in s. 851.23. 711.03(21)(21) “Power of attorney” means an instrument that grants an agent authority to act in the place of a principal. 711.03(22)(22) “Principal” means an individual who grants authority to an agent in a power of attorney. 711.03(23)(23) “Protected person” means all of the following: 711.03(23)(b)(b) An individual for whom a conservator is appointed. 711.03(24)(24) “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. 711.03(25)(25) “Remote computing service” means a custodian that provides to a user computer processing services or the storage of digital property by means of an electronic communications system, as defined in 18 USC 2510 (14). 711.03(26)(26) “Terms of service agreement” means an agreement that controls the relationship between a user and a custodian. 711.03(27)(27) “Trustee” means a person with legal title to an asset under an agreement or declaration that creates a beneficial interest in another. “Trustee” includes an original, additional, and successor trustee, and a cotrustee. 711.03(28)(28) “User” means a person that has an account with a custodian. 711.03(29)(29) “Will” includes a codicil and any document incorporated by reference in a testamentary document under s. 853.32 (1) or (2). 711.04711.04 Priorities; user directions for disclosure of digital property. 711.04(1)(1) A user may use an online tool to direct the custodian to disclose or not disclose to a designated recipient some or all of the user’s digital property, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in any of the following: 711.04(1)(a)(a) A will, trust, or any other governing instrument.
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Chs. 700-711, Property
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