Indiana Code
Chapter 11. Controllable Electronic Records
26-1-11-108. Control of Controllable Electronic Record; Necessary Conditions; Exclusive Power

Sec. 108. (a) A person has control of a controllable electronic record if the following conditions are met:
(1) The controllable electronic record or the system in which the controllable electronic record is recorded, if any, gives the person:
(A) the power to derive substantially all the benefit from the controllable electronic record;
(B) subject to subsection (b), the exclusive power to prevent others from deriving substantially all the benefit from the controllable electronic record; and
(C) subject to subsection (b), the exclusive power to transfer control of the controllable electronic record to another person or cause another person to obtain control of a controllable electronic record derived from the controllable electronic record.
(2) The controllable electronic record, a record attached to or logically associated with the controllable electronic record, or the system in which the controllable electronic record is recorded, if any, enables the person to readily identify the person as having the powers specified in subdivision (1). For purposes of this subdivision, a person may be identified in any way, including by name, identifying number, cryptographic key, office, or account number.
(b) A power described in subsection (a)(1)(B) or (a)(1)(C) may be considered exclusive even if:
(1) the controllable electronic record or the system in which the controllable electronic record is recorded, if any, limits the use to which the controllable electronic record may be put or has protocols that are programmed to result in a transfer of control; or
(2) the person has agreed to share the power with another person.
As added by P.L.110-2022, SEC.7.

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