High-speed, interconnected global networks like the Internet provide new ways to conduct commercial transactions, generate new markets and revenue streams, lower transactional costs, and forge new relationships between businesses and consumers.” Nowadays, it is impossible to speak about the potential explosion of the Internet and electronic commerce without a discussion of the appropriate role of Government in fostering and regulating electronic commerce. In the United States, the question of the Government’s role in global electronic commerce was answered when, in July 1997, the White House released its “Framework for Global Electronic Commerce” white paper. The Framework is the clearest and most comprehensive articulation of the United States Government’s view of its role in the creation of the global information infrastructure as a vibrant international market-place. The overriding theme of the Framework was summed up in a statement made by President Clinton upon the release of the report. He said that: Governments can have a profound effect on the growth of electronic commerce. By their actions, they can facilitate trade or inhibit it. Government officials should respect the unique nature of the medium and recognize that widespread competition and increased consumer choice should be the defining feature of the new digital market-place. They should adopt a market-oriented approach to electronic commerce that facilitates the emergence of a global, transparent, and predictable legal environment to support business and commerce. To ensure that the acts of the United States Government comport with this view, the Framework sets forth five principles intended to inform the Government’s actions in this area.
Article 2B does not, however, address some rather important aspects of electronic records namely, the admissibility of electronic records in legal proceedings and the use of electronic records to satisfy legal requirements that original documents be retained. Regardless of whether Article 2B ultimately addresses all of these issues, the adoption by all 50 states of Article 2B is still a long way off. Moreover, the principles stated in Article 2B are restricted to the scope of Article 2B. Thus, even when Article 2B is adopted, it will not affect a significant portion of electronic commerce. With that in mind, NCCUSL established a separate drafting committee to tackle electronic transaction issues generally in a new Uniform Electronic Transaction Act. The ETA, although on a “fast track”, is still at a very early drafting stage. Several important decisions, including the scope of the Act, are still being debated. Having said that, the Act is expected to provide for the legal recognition of electronic signatures and records in most commercial transactions, and for the use of electronic records as evidence. In addition to the uniform state law efforts of NCCUSL/ALI, there has been a proliferation of non-uniform United States state laws addressing electronic commerce that are generally referred to as “digital signature” or “electronic signature” laws. There are at least 43 states that have enacted, or are currently considering, electronic signature legislation. These state law initiatives vary considerably.