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UCITA (the Uniform Computer Information Transactions Act) by the American Bar Association (ABA) House of Delegates  was withdrawn by the National Conference of Commissioners on Uniform State Laws (NCCUSL), the body responsible for drafting UCITA.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 2001advised 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: alawash@alawash.org; Web site: http://www.ala.org/washoff.  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.