IV.  PKI Global Legislation/Regulation

E.  Technology-Neutral, Non-PKI, Minimalist E-Commerce Legislation

July 21, 1999 - Comments (7/6/99) on S.761 (Federal Legislation Pre-Empting Non-UETA State Legislation) by John M. McCabe, Legal Counsel of National Conference of Commissioners on Uniform State Laws (NCCUSL).

July 21, 1999 - Draft of the Uniform Electronic Commerce Act to be considered by the Uniform Law Conference of Canada in August 1999.  Resembles UNCITRAL.  Courtesy of John Gregory, General Counsel, Policy Branch, Ministry of the Attorney General (Ontario).

July 21, 1999 - Comments on NCCUSL's UETA to be presented at NCCUSL Annual Meeting July 23, 1999, on behalf of the American Bar Association Section of Science & Technology,  drafted by Tom Smedinghoff, Esq. of McBride Baker & Coles, Chairman-Elect of the ABA Scitech Section.

Jun 30, 1999 - Australia Electronic Transactions Bill 1999 (introduced 6/30/99), a minimalist bill, resembling UNCITRAL.  Courtesy of Colin Minihan from the Australian's Attorney General's Department, Information Economy Section, E-Commerce Home Page.

  Jun 23, 1999 - Senate Commerce Committee Markups of S.761 (The Third Millennium Electronic Commerce Act), courtesy of Dan Greenwood, Esq. of the Commonwealth of Massachusetts, pending Thomas official version.

  June 20, 1999 - Approval Draft of UETA (Uniform Electronic Transactions Act) to be considered at annual meeting of NCCUSL July 23, 1999 in Denver.  Watch for emerging murky legal issues in the interplay between S. 761 (the Millennium Digital Commerce Act, the Abraham Bill, a Federal attempt at preemption of State law while waiting for UETA).

June 20, 1999 - Approval Draft of UCITA (Uniform Computer Information Transactions Act, formerly UCC Art 2B)
to be considered at annual meeting of NCCUSL July 23, 1999 in Denver.  See Press Release below, dated Apr 7, 1999.

  May 3, 1999 - New Jersey Assembly Bill A.3039 introduced by Weinberg and Doria.  For UCC 2-201 (Sale of Goods) and UCC 2A-201 (Leases) the bill satisfies the Statute of Frauds by causing a "writing" to include an electronic record.  Courtesy of Maureen Garde, N.J. Law Revision Commission.

  Spr 1999 - "Moving With Change: Electronic Signature Legislation as a Vehicle for Advancing E-Commerce," an article by Thomas J. Smedinghoff and Ruth Hill Bro of McBride Baker & Coles, published in The John Marshall Journal of Computer and Information Law,  Vol. XVII, No. 3, Spring 1999 at 723.

  Apr 12, 1999 - Analysis of State statutory provisions enacted which govern presumptions of signature by the subscriber in a PKI digital signature transaction, by McBride Baker & Cole.

  Apr 7, 1999 - NCCUSL and ALI Press Release regarding UCITA (Uniform Computer Information Transactions Act, Formerly Article 2B of UCC) to be a freestanding Uniform Act, not part of the Uniform Commercial Code.

  Apr 5, 1999 - The Millennium Digital Commerce Act, S.761 and H.R. 1320, Senators Abraham and McCain.  Restates Government Paperwork Elimination Act of 1998 provisions for facilitation of e-commerce, and attempts to pre-empt State legislation which is not consistent with NCCUSL's Uniform Electronic Transactions Act.

  Mar 1999 -  U.S. Office of Management and Budget -  Proposed Implementation of the Government Paperwork Elimination Act of 1998 which was passed in the last day of the 105th Congress, buried in the Omnibus Budget Bill. By Peter Weiss

  Mar 19, 1999 - NCCUSL Uniform Electronic Transactions Act, March 19, 1999 Draft with Reporter's Notes.  Relative to PKI, see Section 106 (Legal Recognition of Electronic Records, Electronic Signatures and Electronic Contracts) and Section 107 (Section Deleted:  Effect of Security Procedure), and Section 108 (Attribution and Effect of Electronic Record and Electronic Signature)

  1991 and 1995 - 1991 Report to the NJ Legislature on the New Jersey Statute of Frauds, by the NJ Law Revision Commission.  The Report recommended abolition of the New Jersey Statute of Frauds contained in R.S. 25:1-1 to -9 (25:1-1 through -5 were originally adopted by NJ in 1795 based on the 1677 English original version, 29 Charles II, Chapter 3; the other 4 were added later) for most types of transactions except those that are applicable to land and wills.  The Recomendations were enacted into law in 1995 by L.1995, c. 360.Statute of Frauds provisions elsewhere in the statutes such as the UCC (N.J.S. 12A:2-201 and 12A:2A-201 and 12A:8-319) were not affected by the 1995 enactment of the 1991 Recommendations.   See A.3039 above under May 3, 1999.  Courtesy of Maureen Garde.