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Federal Communications Law Journal

Document Type

Comment

Publication Date

5-2000

Publication Citation

52 Federal Communications Law Journal 793 (2000)

Abstract

The Uniform Computer Information Transaction Act (UCITA) has been presented to the states for their ratification. Patterned after the Uniform Commercial Code (UCC), UCITA began as an addition to the UCC, but differences between the statutes required UCITA to emerge as a separate entity. The National Conference of Commissioners of Uniform State Laws (NCCUSL) drafted UCITA and approved the Act in Summer 1999. The Act now awaits approval by state legislatures. This Comment analyzes UCITA and argues that the states should ratify the Act. The Comment favorably compares the UCC and UCITA. The UCC follows the principle of "freedom of contract", and UCITA shares that principle as it permits parties to the contract to decide many of the default rules. However, UCITA also takes heed of the information industry and proposes several provisions specific to the industry. This Comment also surveys the positive and negative commentary surrounding UCITA. After reviewing the commentary, the Author concludes that states should approve the Act. He notes that UCITA provides the standardization and uniformity that the industry demands. The Author also refutes the critics complaints that the Act fails to provide enough protections for software users.

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