UCITA withdrawn from the ABA

ALAWON: American Library Association Washington Office
Newsline
Volume 12, Number 14
February 11, 2003

In This Issue: UCITA fails to receive American Bar
Association approval

On February 10, 2003, a resolution recommending approval of
UCITA (the Uniform Computer Information Transactions Act) by
the American Bar Association (ABA) House of Delegates was
withdrawn by the National Conference of Commissioners on
Uniform State Laws (NCCUSL), the body responsible for
drafting UCITA. The ABA delegates were asked to vote on a
resolution approving UCITA's readiness for consideration by
state legislatures. A positive ABA vote is a customary step
in the process of successfully passing proposed uniform laws
such as UCITA.

The withdrawal of the UCITA resolution followed in the wake
of increasing opposition to this controversial act within
the ABA.  Prior to the opening of the ABA Midyear Meeting in
Seattle this weekend, UCITA failed to garner support from
six ABA sections, including the Business Law, Intellectual
Property, Litigation, Torts and Insurance Practice and
Science and Technology sections. In addition, two committees
, the Section Officers' Council's Technology Committee and
the ABA Standing Committee on Law and National Security
failed to support passage of the resolution. Seven of the
nine members of the ABA Working Group appointed to review
UCITA in 2001 advised the House of Delegates that recent
amendments to UCITA still did not make UCITA appropriate for
approval at this time.

The withdrawal of the resolution indicates that UCITA lacks
the consensus and support needed for successful passage of a
uniform state law. Currently, UCITA is an active bill in
Oklahoma.

ALA joined with the  Association of Research Libraries, the
American Association of Law Libraries, the Special Libraries
Association, the Medical Libraries Association, the Art
Libraries Society of North American and  the Association of
American Universities in sending a joint letter to all of
the House of Delegates members last week.
(http://www.ala.org/washoff/ucita/ABAltr0203.pdf) The
library associations were founding members of AFFECT,
Americans for Fair Electronic Commerce Transactions, the
national coalition of businesses, financial institutions,
consumer advocates and technology professionals that has
been the leading force in opposing UCITA.

For more information contact Carol Ashworth,  ALA UCITA
Grassroots Coordinator cashworth@alawash.org
www.ala.org/washoff/ucita.html 

******

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ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite
403, Washington, D.C. 20004-1701; phone: 202.628.8410 or
800.941.8478 toll-free; fax: 202.628.8419; e-mail:
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Executive Director: Emily Sheketoff.

Office of Government Relations: Lynne Bradley, Director;
Camille Bowman, Mary Costabile, Don Essex, Patrice McDermott
and Miriam Nisbet. Office for Information Technology Policy:
Rick Weingarten, Director; Jennifer Hendrix, Carrie Russell,
Claudette Tennant. ALAWON Editor: Bernadette Murphy.


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