****AMERICAN BAR ASSOCIATION RESOLUTION ADOPTED****
AFFECTING ELECTRONIC COMMERCE AND
INFORMATION SECURITY
The House of Delegates of the American Bar Association (ABA)
approved the first ABA Resolution that is addressed to the
critical legal issues affecting electronic data interchange and
electronic commerce, of assuring the authenticity and integrity
of data in electronic form. Developed and proposed by the
Section of Science and Technology of the American Bar
Association, the Resolution (number 115) was approved by
voice vote on August 19, 1992. The resolution provides:
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The American Bar Association supports action by
federal and state governments, international
organizations, and private entities to:
a) facilitate and promote the orderly development
of legal standards to encourage the use of
information in electronic form, including
appropriate legal and professional education;
b) encourage the use of appropriate and properly
implemented security techniques, procedures and
practices to assure the authenticity and integrity
of information in electronic form; and
c) recognize that information in electronic form,
where appropriate, may be considered to
satisfy legal requirements regarding a
writing or signature to the same extent as
information on paper or in other conventional
forms, when appropriate security techniques,
practices, and procedures have been adopted.
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Current legal rules generally do not fully recognize or accommodate
the fact that data may be represented in electronic form. It is
anticipated that this ABA Resolution will serve as a catalyst for
legislators, courts, and private entities to advocate legal recognition
of EDI and corresponding reliable information security.
The EDI and Information Technology Division of the Section of
Science and Technology is undertaking diverse projects related to
information security, commercial EDI, judicial EDI, healthcare
informatics, financial EDI and other matters.
For further information, contact:
Susan Walkowski, Section Manager
Section of Science and Technology
American Bar Association
750 North Lake Shore Drive
Chicago, IL 60611-4497
Phone: 312-988-5599 Fax: 312-988-6281
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