National Conference of Commissioners on Uniform State Laws

211 East Ontario Street, Suite 1300, Chicago, Illinois 60611

312/915-0195 Facsimile 312/915-0187

To: Members of the ABA House of Delegates

From: K. King Burnett, President, NCCUSL

Date: January 16, 2003

Re: UCITA

As a Member of the ABA House of Delegates from the State of Maryland, and as President of the National Conference of Commissioners on Uniform State Laws, I write to seek your support as a delegate to the American Bar Association House of Delegates for the following resolution:

Resolved, that the American Bar Association approves the Uniform Computer Information Transactions Act promulgated in 1999 and amended in 2001 and 2002 by the National Conference of Commissioners on Uniform State Laws as an appropriate act for those states desiring to adopt the specific substantive law suggested therein.

The resolution has been presented for House of Delegates approval according to the longstanding agreement between the National Conference of Commissioners on Uniform State Laws and the American Bar Association. This agreement allows the ABA, through its sections and other bodies, to participate in the drafting of uniform acts as official advisors. In return, the Conference presents final uniform acts to the ABA House of Delegates for approval, not of the exact substance of an act, but for consideration of the states desiring to enact an act on the subject. The resolution is really a validation of the long, arduous and exacting process the Conference uses to draft every uniform act – with the active participation of the ABA. The Uniform Computer Information Transactions Act (UCITA) sets forth uniform rules, mainly default rules, in an important emerging area of commerce for which there is a “legislative void” at the moment. Like anything new, it has some controversy.

Even so I wish to emphasize that the support for the resolution is not support for the substance of UCITA. It is support for a process that involves the ABA and the Conference in a continuing relationship to develop new and better law for the nation. This relationship has produced incredible contributions to American jurisprudence during its 111-year history. It is a relationship with a great tradition behind it. I hope you will consider this relationship and the true content of the resolution and give the resolution deserved support.

If you wish further information or have questions about the act or communications from others about the act, please contact myself or NCCUSL's Chicago office at 312-915-0195.

Sincerely, K. King Burnett

ABA Delegate, Maryland

President, NCCUSL