Download This PaperThe Uniform Electronic Transactions Act in a Global Environment
78 Pages Posted: 4 May 2020
Date Written: 2001
Abstract
There are a number of inescapable truisms about electronic commerce. First, electronic commerce is here to stay and will be playing an increasing role in the conduct of trade and business both domestically and internationally. In 1999, worldwide business-to-business e-commerce reached $145 billion, with North America accounting for 63 percent ($91 billion in revenue). By 2004, the world-wide number is projected to surpass $6.8 trillion, with North America accounting for only 39 percent ($2.84 trillion. Second, electronic commerce, which makes distances irrelevant and borders invisible, is truly global in nature. Third, the exponential growth in electronic commerce has created a situation where lawmakers cannot ignore the enormous amounts of activity taking place electronically, and are being pressed to exert control over that activity by creating laws governing Internet and other electronic commerce activity. Fourth, given the international nature of electronic commerce, any attempt by a sovereign to exercise its power over electronic commerce will be challenged for creating impermissible barriers to domestic and international trade. These challenges and attacks on attempts by sovereigns to exercise control over Internet activity can readily be seen in cases of recent sovereign efforts ranging from German attempt to control pornography by prosecuting CompuServe,' to actions of the Attorney General of Minnesota in attempting to police gambling, to Utah's legislation in the area of digital signatures. Indeed, an important criterion in the evaluation of local laws on electronic commerce is its impact on and reception at the global level.
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