The Emerging Law of Electronic Commerce

Although often not apparent to the average business person or even the average lawyer, changes are currently underway, both domestically and internationally, to adapt existing commercial law doctrines to accommodate electronic transactions and the technologies that underlie them. The Uniform Commercial Code (Code) is undergoing substantial revision in order to respond to changes in business practice and the use of electronic communications technologies. These revisions will provide many of the basic rules to support and facilitate electronic commerce, and, to the extent possible, are being coordinated with international efforts in the field. While progress in the creation of uniform laws may not always be as visible to the business community and the business bar as are actions on Capitol Hill, efforts to expand uniform law efforts outside the Code to accommodate electronic trade in a manner harmonious with the Code are also underway. Members of the business law bar should become aware of these developments because the pressing issues raised by electronic commerce both on and off the Internet are being subjected to thoughtful debate by the drafters of these revisions. What follows is a necessarily brief overview of the manner in which the Code is being revised and related legislation is being prepared to respond to the demands of an electronic age. While many of the revisions discussed below are not complete, a final product is anticipated within the next year. Contained in these various legislative efforts is a blueprint for the future of electronic commerce