Progressing towards a Uniform Commercial Code for Electronic Commerce or Racing towards Nonuniformity

Abstract

The Magaziner Report encourages the development of a consistent commercial law environment against which electronic commerce transactions may take place. The author considers the current legal landscape, noting that while many efforts are underway to codify aspects of electronic commerce, these efforts are piecemeal in nature and may lead to the very lack of uniformity against which the Magaziner Report counsels. The author then briefly considers what lessons may be learned from the drafting history of the original U.C.C. as well as proposed Article 2B (now the Uniform Computer Information Transactions Act) governing transactions in computer information. She argues that Article 2B could benefit from some synthesis with efforts by the European Union and that the Clinton Administration should focus on identifying and harmonizing mandatory rules of law as it moves from broad statements of principle to practical implementation of a legal regime for electronic commerce.