The following is an excerpt from the American Bar Associations
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 sectors 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.
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