UNCITRAL was established by the General Assembly in 1966 with the general mandate to further the progressive harmonization and unification of the law of international trade. In 1996, UNCITRAL adopted a Model Law on Electronic Commerce. The Model Law is aimed at removing legal obstacles to the use of electronic communications. Thus, the Model Law provides that information shall not be denied legal effect solely on the grounds that it is generated, sent, received or stored by electronic means, and establishes rules for when an electronic writing and signature will satisfy existing legal requirements for writings and signatures. The Model Law also provides solutions for legal issues that arise in the use of electronic communications, such as the admissibility of electronic records and the attribution of electronic communications to particular parties. UNCITRAL, along with OECD and others, has now undertaken to explore possible legal rules underpinning digital and other electronic signature systems; specifically the cross-border recognition of electronic signatures. While the United States would have preferred UNCITRAL to have extended the work of the Model Law to cover additional contracting issues, a large number of other countries supported work on digital and other electronic signatures. The United States has chosen to fully participate rather than risk the emergence of rules which, while not binding on any state, might not be as supportive of market-based commerce as the United States believes it should be, and which would carry a UN imprimatur.

In addition, like the Baker bill, the Bennett bill expressly provides that state consumer protection laws, as well as the Truth in Lending Act and the Electronic Funds Transfer Act, continue to govern consumer transactions that use electronic authentication. Finally, in early November 1997, Representative Eshoo introduced the Electronic Commerce Enhancement Act of 1997 (H.R. 2991), which would require Federal agencies to make forms available electronically and to allow individuals to submit forms electronically over the Internet. Digitally signed forms accepted in accordance with this act would have the same force and effect as if they contained a written signature. In addition, the bill calls for the issuance of digital signatures to appropriate Federal employees and the establishment of guidelines governing the manner in which Federal agencies accept certificates for digital signatures. These guidelines will permit a Federal agency to accept certificates issued by the agency or a trusted third party provided that: (1) the trusted third party is licensed or accredited by a state or local Government or an appropriate accreditation body; and (2) “in accordance with commercially reasonable standards, accepts liability for and is insured against negligent issuance or handling of certificates”. International Efforts While the United States Government has for the most part been an observer of the domestic efforts to establish a legal infrastructure for electronic commerce, it has been an active participant in the international arena through organizations such as the United Nations Commission on International Trade Law (UNCITRAL) and the Organization for Economic Co-Operation and Development (OECD).