[Ecommerce] [Fwd: ABA News/ AFFECT Press Release] on UCITA
Manon Anne Ress
manon.ress@cptech.org
Tue Feb 11 15:13:02 2003
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Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176
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Date: Tue, 11 Feb 2003 13:57:53 -0500
From: "Carol Ashworth" <cashworth@alawash.org>
To: <affect@ls.simnet.org>
Subject: ABA News/ AFFECT Press Release
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Hello all: Although the UCITA resolution was not rejected outright in a
floor vote in the House of Delegates yesterday, NCCUSL's decision to
withdraw the resolution directly resulted from a complete lack of
success in every section that considered the resolution prior to the
meeting. I have enclosed a press release that AFFECT is sending out
this afternoon. I am told that the withdrawal of a resolution for
approval of a uniform law prior to its consideration on the floor of
the House of Delegates is unprecedented. This is a stunning defeat for
NCCUSL.
AFFECT members are especially indebted to Miriam Nisbet and Riva
Kinstlick who worked around the clock lobbying delegates this weekend in
Seattle.
NCCUSL issued a press release yesterday which I do not have in
electronic form. I expect that it will eventually be posted on their
website along with a copy of the remarks made by Pres. King Burnett on
the House of Delegates floor. (I can fax it to anyone who needs it.)
Carol Ashworth
Following is our press release issued this afternoon.
AFFECT
PRESS RELEASE
FOR IMMEDIATE RELEASE
February 11, 2004
Contact: Carol Ashworth
202-628-8410/ 1-800-941-8478
AFFECT CELEBRATES WITHDRAWAL OF UCITA FROM ABA CONSIDERATION
Seattle, Feb. 11 -- AFFECT, Americans for Fair Electronic Commerce
Transactions, expressed gratification with the withdrawal of a
resolution seeking approval of the Uniform Computer Information
Transactions Act (UCITA) from the ABA House of Delegates.
"Implicit in the decision not to push for a vote was the recognition
that the ABA was not going to approve UCITA as appropriate for enactment
by the states," said AFFECT President Miriam Nisbet. In recent weeks,
major sections of the ABA, including Business Law, Intellectual Property
Law, Litigation, and Tort Trial and Insurance Practice, voted to defer
indefinitely or to reject the UCITA resolution placed before the ABA at
its Midyear Meeting. Also, the ABA's Standing Committee on Law and
National Security last week informed the National Conference of
Commissioners on Uniform State Laws (NCCUSL), the sponsor of UCITA, that
the committee could not support UCITA because the act's provisions could
"present a significant security concern, potentially affecting key
aspects of our nation's critical infrastructure." In addition, the
president of the American Law Institute recently advised the House of
Delegates that he could not support the effort to have the ABA approve
UCITA. ALI normally co-sponsors uniform laws with NCCUSL but had
withdrawn from recommending UCITA in 1999 because of concerns that the
act did not meet ALI standards in several key areas.
Nisbet said that she was pleased to hear NCCUSL assure the House of
Delegates that it has no intention of bringing the act back to the ABA.
AFFECT believes the inability of NCCUSL to win approval for UCITA from
the ABA this year will lead to its rejection in Oklahoma and other
states where it is currently under consideration. Nisbet said, "The
failure to pass the ABA hurdle after almost four years of 'fixes'
underscores the fact that it is time for UCITA to go back to the drawing
board."
AFFECT is a broad-based national coalition of consumers, retail and
manufacturing businesses, financial institutions, technology
professionals and librarians opposed to UCITA. AFFECT members have been
following UCITA for the past decade and the coalition has been involved
in every state where UCITA has been legislatively active.
Americans for Fair Electronic Commerce Transactions (AFFECT)
1301 Pennsylvania Ave. NW Suite 403
Washington, D. C. 20004
V-202-628-8410
F-202-628-8419
www.affect.ucita.com.
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