| dc.description.abstract | INTRODUCTION|Woe is UCITA! Despite rather grandiose language by the National Conference of Commissioners on Uniform State Laws ("Conference") labeling the Uniform Computer Information Transactions Act ("UCITA") a "statute for our time," the Act has weathered the pullout by the American Law Institute's contributing drafters' concerted and well-organized efforts to contest its passage and a very cold reception by the states. And, despite a Conference initiative to address the concerns by UCITA opponents, influential organizations including the American Bar Association ("ABA") have officially suggested that UCITA be scrapped in favor of a new start with new ideas, and most state legislatures have decided not to consider UCITA in upcoming legislative sessions.|This essay offers substantive and political reasons for UCITA's discouraging reception and suggests a solution. It first argues that the opposition mounted against UCITA as originally drafted was different from and measurably more formidable than that mounted against many other Conference promulgations, including the Uniform Commercial Code ("UCC"), itself the object of strong initial opposition. Some suggest congruency between the initial receptions of UCITA and the UCC, claiming that these two significant Conference works will have similar fates. While they offer useful comparisons, they also ignore differences between the two Acts and their respective constituencies... | en_US |
