Bar Notes

The following is an excerpt from the American Bar Association’s 1997 Resolution and Report on Electronic Commerce:

"The American Bar Association encourages governments, with the aid of the private sector and other non-governmental entities, to eliminate existing laws which unnecessarily hinder the ability of industry to create and expand the electronic marketplace. As an example, in the United States, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") and the American Law Institute have undertaken revision of the Uniform Commercial Code to accommodate electronic commerce, including the addition of Article 2B, governing the licensing of information. NCCUSL also has undertaken revision of state contract law to support electronic commerce. The private sector’s responsibility is to inform and educate governments and to serve as a resource for the identification of existing legal and structural barriers. Private sector participants include industry and non-profit and educational organizations. Governments are also encouraged to establish an international legal framework of minimum standards that promote global electronic commerce while protecting the public interest. Legal frameworks should be consistent, uniform, simple, predictable, and reliable across international boundaries. Balance and legal predictability are the keys to successful exploitation of the full commercial potential of digital information exchanges such as the Internet. Finally, the American Bar Association recognizes that limited access to information technologies may be a functional barrier to the deployment of a comprehensive global information infrastructure."

Individuals interested in this development should contact the Business Law Section of the ABA.


2001 The Federalist Society