ALAWON: American Library Association Washington Office Newsline Volume 10, Number 23 March 23, 2001 In this issue: (1) ANTI-UCITA BILLS TURNING UP TO PROTECT STATE RESIDENTS FROM UCITA (2) THE 2001 LEGISLATIVE YEAR SHOWS NO GAINS FOR UCITA (1) ANTI-UCITA BILLS TURNING UP TO PROTECT STATE RESIDENTS FROM UCITA As the Uniform Computer Information Transactions Act (UCITA) makes its way into state legislatures around the country, its reputation as a complex, controversial and flawed proposed law is growing. The bill is expected to be introduced in all 50 states and the District of Columbia during the next few years. As lawmakers are realizing that most segments of the economy including libraries, educational institutions and consumer advocates oppose the bill, some are looking at legislation to inoculate their residents from licensing terms formulated under UCITA. Last year Iowa inserted a "bomb-shelter" provision in their UETA bill (Uniform Electronic Transactions Act) that protected Iowans from being bound by licenses drafted under UCITA. The bill which expires in July is likely to be extended for another year. In North Dakota, a stand-alone anti-UCITA bill was introduced in Feb. but failed to pass in committee. In Oregon, Rep. Phil Barnhardt has just introduced 2 anti-UCITA bills. HB3230 provides that the choice of law provision in computer information agreements is unenforceable if the agreement is governed by laws of a state that has enacted UCITA. UCITA allows vendors to select a state or country in which the licensee does not reside as the site for resolving conflicts over the contract. HB3077 prohibits anyone from placing software in another person's computer that transmits information about the use of that computer. UCITA allows vendors to insert "backdoors" into their software that permit remote monitoring of the computer's operation and remote disabling of the software if the licensee violates terms of the contract. This electronic "self-help" provision in UCITA is one of its most controversial sections. Attorney General Spitzer of New York has included an anti-UCITA bill on his legislative agenda that recognizes that UCITA is bad for consumers and in violation of NY public policy. This proposed bill has not been introduced into the legislature but is supported by the UCITA opponents. (2) THE 2001 LEGISLATIVE YEAR SHOWS NO GAINS FOR UCITA As the 2001 state legislative agendas have been established, UCITA has had a rocky reception everywhere that it has been considered. Arizona held informational hearings in February and tabled the bill because of concerns over four fundamental areas of the bill. In Texas, a fierce battle is shaping up with the libraries actively participating in a large opposition coalition led by Phillips Petroleum, Boeing Aircraft and the insurance industry. UCITA was introduced in Maine and quickly killed on the floor of the House. In Illinois, the bill was introduced but when the sponsor learned of the extensive opposition to it, immediately pulled the bill. In Oregon, where there are currently 4 UCITA-related bills, one recommends establishing a task force to study it. Proponents of UCITA( Microsoft and AOL) are expected to continue an intensive lobbying campaign in all states where it is being considered. ****** ALAWON (ISSN 1069-7799) is a free, irregular publication of the American Library Association Washington Office. All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. To subscribe to ALAWON, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc@ala.org or go to http://www.ala.org/washoff/alawon. To unsubscribe to ALAWON, send the message: unsubscribe ala-wo to listproc@ala.org. ALAWON archives at http://www.ala.org/washoff/alawon. 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; Mary Costabile, Peter Kaplan, Miriam Nisbet and Claudette Tennant. Office for Information Technology Policy: Rick Weingarten, Director; Jennifer Hendrix, Carrie Russell and Saundra Shirley. ALAWON Editor: Bernadette Murphy.